Was Landlord Responsible for Trip and Fall in Apartment?

February 8, 2012

LVT Number: #23913

Tenant sued landlord for negligence after she tripped and fell in her apartment. She claimed that her foot caught in a pocket that formed in a plastic sheet landlord had placed on her apartment floor. Landlord claimed that it didn't cause the claimed defect and asked the court to dismiss the case. The court ruled against landlord. A trial was needed to determine whether landlord failed to properly secure the covering, which may have permitted it to bunch up and cause a hazard.

Tenant sued landlord for negligence after she tripped and fell in her apartment. She claimed that her foot caught in a pocket that formed in a plastic sheet landlord had placed on her apartment floor. Landlord claimed that it didn't cause the claimed defect and asked the court to dismiss the case. The court ruled against landlord. A trial was needed to determine whether landlord failed to properly secure the covering, which may have permitted it to bunch up and cause a hazard.

Stanton v. DBD Services, Inc.: Index No. 101914/2010, NYLJ No. 1202538359564 (Sup. Ct. NY; 12/16/11; Rakower, J)

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