Was Missing Handrail Responsible for Slip-and-Fall?

December 1, 2008

LVT Number: #20872

Newspaper delivery person slipped and fell in a stairway in landlord's apartment building. She sued landlord for negligence. She claimed that she was carrying newspapers under her left arm, slipped, and tried to grab onto a handrail with her right hand. But there was no right-sided handrail. The delivery person claimed that the lack of the handrail was a significant and dangerous departure from accepted standards and the applicable building code. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost.

Newspaper delivery person slipped and fell in a stairway in landlord's apartment building. She sued landlord for negligence. She claimed that she was carrying newspapers under her left arm, slipped, and tried to grab onto a handrail with her right hand. But there was no right-sided handrail. The delivery person claimed that the lack of the handrail was a significant and dangerous departure from accepted standards and the applicable building code. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. A trial was required to determine the facts.

Alvia v. Mutual Redevelopment Houses: NYLJ, 11/20/08, p. 33, col. 5 (App. Div.2 Dept.; Saxe, JP, Sweeny, McGuire, Renwick, Freedman, JJ)

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