Wade Clark Mulcahy LLP

<p style="text-align: justify;">In <em><a href="https://www.wcmlaw.com/wp-content/uploads/2019/10/Edwards-v-Levy-1.pdf">Edwards v Levy</a></em>,the Appellate Division, First Department, addressed the duty of care owed by a homeowner to an individual who falls on their property right after it rains.</p>
<p style="text-align: justify;">The plaintiff alleged injuries when he slipped and fell on the defendant’s front porch stairs while carrying a ladder with both hands. The plaintiff testified that it had rained about one to two hours before the accident, and that his fall was caused by the rain when his feet slipped.</p>
<p style="text-align: justify;">The Supreme Court, Bronx County, denied the defendant’s motion for summary judgment, but the Appellate Division unanimously reversed the decision. The Appellate Division stated that the “mere wetness on a walking surface due to rain does not constitute a dangerous condition.” The plaintiff failed to present any evidence that the stairs were excessively slippery when wet or that they violated any code regulations.  The Appellate Division further rejected the plaintiff's claim that the lack of handrails was a dangerous condition, as the plaintiff was holding a ladder at the time of the accident and did attempt to reach for any handrail as he fell.</p>
<p style="text-align: justify;">This decision serves as a reminder that not all wet surfaces are considered dangerous conditions in slip and fall cases.</p>
<p style="text-align: justify;">Thanks to Corey Morgenstern for his contribution to this post.  Please email <a href="mailto:gcoats@wcmlaw.com">Georgia Coats</a> with any questions.</p>