Lisa Davis fell on the 10th floor landing of her apartment building's stairway.
While she didn't see what caused her fall, once she regrouped, she noted that her pants were wet and that there was a puddle of water on the lower landing.
When her negligence case against the building's owner was dismissed by the Queens County Supreme Court, Davis appealed to the Appellate Division, Second Department.
Generally, in order to trigger liability for "a slip and fall," it must be shown that the owner had actual or constructive notice of a dangerous condition and failed to fix that problem within a reasonable time frame.
Since Davis couldn't definitively identify what caused the incident, the AD2 thought the case was properly dismissed.
To view a copy of the Appellate Division, Second Department's decision, please use this link: Davis v. Rochdale Village, Inc.