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THERE WERE TWO STEPS LEADING TO A LANDING AT DEFENDANT’S FRONT DOOR; PLAINTIFF ALLEGED THE ABSENCE OF A HANDRAIL WAS A PROXIMATE CAUSE OF HER FALL; THE COMPLAINT SHOULD NOT HAVE BEEN DISMISSED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff raised a question of fact whether the absence of a handrail where two steps led to an elevated landing at defendant’s front door was a proximate cause of her fall. Plaintiff alleged there was nothing to grab onto as she fell. Supreme Court had dismissed the complaint on the ground plaintiff did not know the cause of her fall:

The defendant failed to establish her prima facie entitlement to judgment as a matter of law dismissing the complaint … . The defendant’s submissions in support of her motion included, inter alia, a transcript of the plaintiff’s deposition testimony, which revealed the existence of a triable issue of fact. In particular, the plaintiff testified, among other things, that she “was looking for something to grab onto” as she fell but found nothing. “Even if the plaintiff’s fall was precipitated by a misstep,” her testimony that she looked for something to grab onto to stop her fall presented “an issue of fact as to whether the absence of a handrail was a proximate cause of her injury” … . Since the defendant failed to establish her prima facie entitlement to judgment as a matter of law, we need not consider the sufficiency of the opposing papers … . Jean-Charles v Carey, 2023 NY Slip Op 03003, Second Dept 6-7-23

Practice Point: Here plaintiff alleged there was nothing to grab onto as she fell from a landing at defendant’s front door, which raised a question of fact whether the absence of a handrail was a proximate cause of her fall. There were only two steps leading to the landing.

 

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