Case Results
Gordon & Silber Obtains Summary Judgment for Landlord in Tenant's Claim that Defective Smoke Detector Caused Her to Suffer Respiratory Injury— January 2008.
Type of Case: Premises Liability. Defective smoke detector caused smoke inhalation.
Venue: Supreme Court, Queens County
Background Facts: The plaintiff, a 12-year tenant claimed respiratory injuries due to a fire in an apartment across the hall from hers, due to a defective smoke detector in her apartment. She complained it did not sound immediately. Plaintiff also alleged that building management was negligent in failing to promptly rescue her and/or direct the Fire Department to her apartment.
Special Problems: Plaintiff's smoke alarm did not go off until the Fire Department opened the door to her apartment. Despite plaintiff's telephone calls, our client did not specifically direct the Fire Department to her apartment.
Our Strategy: We argued that neither the plaintiff nor her family had complained about the smoke detector to the building and had in fact signed a lease rider acknowledging that it was working. The firm also retained a fire safety expert (a former New York City fire marshal) who submitted an affidavit that the reason the smoke detector did not sound immediately was because the door to her apartment was closed. He noted this was consistent with a working smoke alarm and as was the fact that once the door was opened, the smoke detector became activated. With regard to the claim of failure to rescue, we argued there is no common law duty in New York to come to the aid of one in peril and in any event, any delay did not cause her injuries because door to her apartment remained closed until she was rescued.
Result: The court granted our client summary judgment. (SAS).
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