Just because an air conditioner (a/c) falls on you doesn't mean you'll recover for any injuries you incur. At least, that is what the outcome of Dwayne-Michael Grimaldi v. Manhattan Arms Hotel, Inc. suggests.
In that case, Grimaldi was passing a Manhattan building when he was hit by a falling a/c unit. Apparently, the tenant (to whom the machine belonged) was so dissatisfied with the building personnel's lack of responsiveness to her request to remove the unit that she decided to do it herself; which led to Grimaldi's injury.
The landlord's representative testified that the owner had been unaware of the unit until the incident occurred. (In fact, the installation of a/cs was violative of building policy.) Although the unit was not "inherently dangerous" and the building was not responsible for its installation or removal, the New York County Supreme Court refused to dismiss the case, citing issues of fact which warranted a hearing or trial. (The Supreme Court was of the belief that the tenant's requests for assistance may have made the accident foreseeable and rendered the landlord "negligent" for failing to provide assistance or to "take other steps to protect passersby.")
On appeal, Appellate Division, First Department, reversed and dismissed the case. Here's how the AD1 put it:
Even assuming that appellants were under a duty to help the tenant remove the air conditioner, that such duty gave rise to a corresponding duty of care to members of the public at large, and that the tenant's attempt to remove the air conditioner without assistance rendered the accident foreseeable, there is no evidence that the hotel had reason to believe that the tenant would attempt to remove the air conditioner without assistance.
Is that really so?
Isn't it more likely than not that a tenant would attempt to remove an a/c if requests for assistance were repeatedly ignored by building personnel? (We certainly think so.)
Under the given facts and circumstances of this case, a hearing or trial was warranted.
What are the chances of that happening?
Watch your step!
For a copy of the Appellate Division's decision, please use this link: Grimaldi v. Manhattan Arms Hotel, Inc.