Wednesday, December 5, 2012

Liability for a fall down a winding staircase.

Practice point: Plaintiff allegedly was injured in a fall down defendant-premises owner’s winding staircase. Summary judgment was denied because the owner had a duty to maintain the property in a reasonably safe condition, and the configuration of the winding staircase and the partial absence of a handrail at its turn raise triable issues as to whether defendants were on constructive notice of a dangerous condition.

Student note: There was no triable issue as to whether the stairs were in violation of Administrative Code of City of NY § 27-375(e)(4) and (f). The stairs are not "interior stairs" within the meaning of the Administrative Code since they did not serve as a required exit, that is, as a required means of egress from the interior of building to an open exterior space, pursuant to Administrative Code § 27-232.

Case: Katz v. Blank Rome Tenzer Greenblatt, NY Slip Op 07377 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Motion for leave to renew.