While walking down a stairway, Francisco P. slipped on tracked-in rain water and fell through a glass door panel. When he later sued the building owner to recover damages for his injuries, the owner asked for the case’s dismissal but the Bronx County Supreme Court denied that request.
On appeal, the Appellate Division, First Department, thought there were issues of fact as to whether the owner had been negligent for not using shatterproof glass or to otherwise protect against foreseeable injury. (It also didn’t help the owner’s case that it didn’t present any evidence as to when the area was last cleaned or inspected.)
Talk about getting shattered.
To view a copy of the Appellate Division’s decision, please use this link: P. v. 1741 Hone Realty Corp.