Slip and Fall Injury Through Open Trap Door in New York

In Almanzar v. Picasso's Clothing (281 AD2d 341, 723 N.Y.S.2d 11 [1st Dept 2001]), the plaintiff was injured after he tripped and fell through an open trap door leading to a basement. Although the plaintiff argued that the trap door was a significant structural defect, the First Department rejected this argument, finding that the door was "improperly left open by the store" (id. at 342). The Court also noted that the landlord could not be held liable for failing to provide additional safeguards (id.).