Donna and Donald Headley sued their landlord, M&J Limited Partnership, after Donna fell down some steps in her apartment.
The Headleys alleged that M&J was on notice of a slippery condition -- because water, mold and mildew had been allowed to accumulate in the area -- and was responsible for Donna's injuries.
When the Erie County Supreme Court denied M&J's dismissal request, it appealed.
The Appellate Division, Fourth Department, was of the view the landlord was under an obligation to ensure that the steps were safe, whether or not the tenants knew about the slippery condition. Any knowledge of an "open and obvious" condition didn't eliminate the landlord's duty, but was a factor which could be used to determine the extent of the Headleys' contributory negligence.
Hope that win didn't go to their head.
To view a copy of the Appellate Division's decision, please use this link: Headley v. M&J L.P.