The New York Times just published a story titled, “A Fatal Slip on the Stairs Cuts Short a Life at 29“. Deaths in slip-and-fall cases are rare. Especially in someone that young. Usually you get fractured wrists or knees. So, an article with a title like that piqued the interest of this Central NY personal injury lawyer like a hurricane from Alaska would a weatherman’s.
So I read on. The article talked about how an unfortunate young lady was found dead, covered in blood, on a landing in a Manhattan building where she was staying with a friend. The police had initially suspected foul play, but later came to the conclusion that she was merely the victim of a slip-and-fall accident. She had been wearing high heels, was carrying a heavy bag and “the stairs were slippery“. The story goes on to talk about what an amazing person this was, how she was having some trouble in her marriage, and how she had just had a really tough week. A nice human interest story for sure, but what I am interested in is, “why were the stairs slippery”? So I kept waiting to get to that part.
And I never did. The article did not say what caused the steps to be slippery. It appears this was an indoor stairway. If the stairs were wet, I would want to know whether (1) management had just mopped them and left them that way with no warning?, or (2) there was a leak in the roof above, or (3) a tenant or someone else had just spilled a soda or something there. All this would be important for me if I were representing the estate of this young lady in a slip-and-fall case in New York against the landlord. In scenarios (1) and (2), the landlord could probably be held liable for negligent maintenance, but in scenario number (3) probably not (unless the spill had been there for a significant period of time, enough time for the landlord’s staff to notice it and clean it up).
So, hey, New York Times, keep us New York slip-and-fall lawyers in mind the next time you write such an article, ok? Geez . . ..
Email me at: email@example.com I’d love to hear from you!
Michael G. Bersani, Esq.
mbk-law.com Central NY Slip-and-Fall lawyers Michaels Bersani Kalabanka