Owner Not Liable for Shopper's Fall Down Tenant's Stairs

A shopper tripped and fell down a staircase while trying to get an item from a flower shop tenant's shelves. The shopper sued the tenant and the owner, arguing that the open staircase was a “dangerous trap.” The owner asked the court to dismiss the lawsuit.

A New York appeals court dismissed the lawsuit against the owner, ruling that that the owner was “out-of-possession” and had no control over the layout or design of the tenant's shop. Also, whether the owner was responsible for the structural condition of the stairs was irrelevant because the shopper didn't claim that a structural defect caused her accident, the court added [Wrubel v. Rose Boutique II, Inc.].