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How Reasonable Does a Reasonable Inspection Have to Be?

July 5, 2024

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In Doherty v. 730 Fifth Upper, LLC, Kyle Doherty alleges he sustained injuries when the glass door he used to enter the lobby of the Crown Building at 730 Fifth Avenue shattered, causing glass and metal debris to fall onto him. Specifically, Doherty stated that as he pulled on the interior vestibule door’s metal door handle, the top two connection points immediately failed, causing the handle to swing free, hit the floor, and shatter the door as he entered.  The landlord, 730-Gen, filed a motion for summary judgment, which the Supreme Court granted.  On appeal, the Appellate Division, First Department reversed.

 

It is undisputed that 730-Gen did not create or have actual notice of the defect in the door handle.  However, 730-Gen failed to meet its initial burden of establishing, prima facie, that it lacked constructive notice of the alleged defective condition.  Specifically, 730-Gen failed to establish that it performed reasonable inspections on the vestibule door’s handle.

 

730-Gen did inspect the interior vestibule doors following an incident that involved the exterior doors in the weeks prior to the accident.  However, the testimony regarding the prior inspection was vague and unable to provide specific dates of the inspection and the steps taken to examine the door handle. Moreover, inspecting the door handle on a biweekly basis, when a daily inspection protocol was in place, was not deemed reasonable.

 

730-Gen also failed to establish, prima facie, that the alleged defect in the door handle was latent and not discoverable upon a reasonable inspection on the day of the accident.  In moving for summary judgment on the ground that a defect was latent, a defendant must establish that the defect was not visible or apparent and would not have been discoverable upon a reasonable inspection.

 

It is significant to note what constitutes a “reasonable inspection” for premises liability. The development of policies to ensure specific and thorough periodic inspections are conducted may prevent potential liability.  An evaluation of any premises liability claim must consider whether that standard of care has been met.



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