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Liability Criteria Re: Tenant for Slip and Fall on Abutting Public Sidewalk Explained

In dismissing a cause of action in a slip and fall case against a tenant based upon the alleged condition of an abutting public sidewalk (in which a pair of metal doors leading to the basement of the rented premises were set), the Second Department explained the relevant legal principles as follows:

An owner or occupier of land which abuts a public sidewalk owes no duty to maintain the sidewalk in a safe condition…, and liability may not be imposed upon it for injuries sustained as a result of a dangerous condition in the sidewalk, except where the abutting owner or lessee “ either created the condition, voluntarily but negligently made repairs, caused the condition to occur because of some special use, or violated a statute or ordinance placing upon the owner or lessee the obligation to maintain the sidewalk which imposes liability upon that party for injuries caused by a violation of that duty’”…. To recover from a tenant which occupies premises abutting a sidewalk under the theory that the tenant has a special use of the sidewalk, the tenant must be in exclusive possession and control of the alleged special-use area…, and the plaintiff must demonstrate that the special use caused the defective condition which proximately caused his or her injuries….  O’Toole v City of Yonkers, 2013 NY Slip Op 04585, 2nd Dept, 6-19-13

 

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