When tenants and visitors use staircases in apartment buildings, they expect those stairs to be reasonably safe. A single misstep can cause serious injury, and premises liability law gives injured individuals the right to pursue claims when dangerous conditions are left uncorrected. But not every uneven surface or crack will support a lawsuit. A recent decision from a New York court highlights the limits of liability, showing that minor, trivial defects are not actionable. If you have been hurt in a fall on another’s property, it is critical to consult with a Syracuse premises liability attorney who can evaluate whether the facts of your case are sufficient to establish negligence.
Factual and Procedural Background
It is reported that the plaintiff brought consolidated actions against the defendants, the owner and manager of her apartment building, after she allegedly sustained injuries while descending an interior staircase. In her bills of particulars, the plaintiff stated that her fall occurred on the “B staircase between the lobby and the 1st floor on the 7th step up from the bottom.”
Allegedly, during her deposition, the plaintiff admitted she was uncertain which stairwell she used at the time of the fall, suggesting it may have been the “A” staircase instead of “B.” However, she described the route she took before the fall and identified photographs that, she claimed, accurately depicted a cracked and uneven step that caused her to trip. The defendants moved for summary judgment, arguing that the plaintiff could not identify the cause of her fall without speculation and that, in any event, the alleged defect was too minor to be actionable. The trial court denied the motion, and the defendants appealed.
Evidence Sufficient to Support a Premises Liability Claim
On appeal, the court first addressed whether the plaintiff’s inability to recall the precise stairwell required dismissal. Courts have held that where the cause of a fall cannot be identified without speculation, a premises liability claim cannot stand. However, the plaintiff’s ability to describe the stairwell route and confirm photographs of the defect prevented dismissal on that ground.
The court then considered the trivial defect doctrine. Photographs and measurements taken by the plaintiff’s investigator showed that the alleged defect was only three-sixteenths of an inch deep. The plaintiff admitted she had previously used the stairs without incident, was familiar with the condition, and was looking down while carrying a comforter when she fell.
The court emphasized that property owners are not liable for trivial imperfections that merely cause a pedestrian to stumble. Expert testimony offered by the plaintiff did not alter the outcome, as even the expert acknowledged the shallow depth of the depression and offered only speculative opinions on its significance.
Ultimately, the court concluded the defect was trivial as a matter of law. It reversed the trial court’s order and granted summary judgment for the defendants, dismissing the complaints in their entirety.
Talk to a Skilled Syracuse Personal Injury Attorney
Slip-and-fall claims succeed only when the hazard is substantial enough to be considered dangerous under the law. Even when an accident happens, minor defects may not meet that threshold. If you or a loved one has been hurt in a fall on someone else’s property, do not assume you are without options. The skilled Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case, gather critical evidence, and fight to protect your rights. Contact us today at 833-200-2000 or online to schedule a free and confidential consultation.