A New York appellate court has ruled against River Tower Owner, LLC, in a case involving a serious injury sustained by a tenant, Laura Pettinato, while using her shower. The decision allows Pettinato's lawsuit to move forward, which could have significant implications for property owners and their liability in similar situations.
The court's decision was issued on June 2, 2026, in the case of Pettinato v. EQR-RiverTower, LLC, under Index No. 159909/16. The ruling comes after Pettinato alleged that she suffered injuries due to a dangerous condition in her bathroom, specifically related to the shower door track.
Background
The parties involved in this case include Laura Pettinato, the plaintiff, and River Tower Owner, LLC, the defendant. Pettinato claims that she was injured when she slipped while exiting her shower during a fainting episode. This incident led to her foot coming into contact with the sharp bottom track of the shower door, resulting in cuts and other injuries.
The defendants in this case include EQR-RiverTower, LLC, and several related entities, which owned the building where Pettinato lived until shortly before the incident. River Tower acquired the property from EQR just months before the accident occurred. The legal dispute centers on whether River Tower can be held liable for the conditions in the bathroom that led to Pettinato's injuries.
The case reached the appellate court after River Tower sought summary judgment to dismiss the amended complaint and all cross-claims against it. The lower court had denied this request, prompting River Tower to appeal the decision.
The Ruling
The Appellate Division of the Supreme Court of the State of New York unanimously affirmed the lower court's decision, which denied River Tower's motion for summary judgment. The ruling highlighted that River Tower did not prove that Pettinato's fainting episode and subsequent actions were the sole cause of her injuries.
The court stated, "liability turns upon whether the intervening act is a normal or foreseeable consequence of the situation created by the defendant's negligence," which is generally for the fact finder to resolve.
The ruling also pointed out that there was a significant question of fact regarding whether the injury caused by the shower door track was foreseeable. The court noted that the lower court correctly found that River Tower did not need to foresee that a tenant might faint while using the shower, but it could be concluded that the condition of the shower created a risk of injury.
Additionally, the court found that River Tower failed to demonstrate that Pettinato's actions were so reckless that they absolved the company of liability. The ruling emphasized that issues of fact remained regarding whether River Tower had notice of any dangerous conditions in the bathroom.
Impact
This ruling has important implications for property owners and their responsibilities regarding tenant safety. By allowing the case to proceed, the court indicates that landlords may be held liable for injuries that occur due to conditions in their properties, even if those conditions were not directly created by them.
The decision also reinforces the notion that the foreseeability of an injury is a critical factor in determining liability. Property owners may need to take extra precautions to ensure that their premises are safe, particularly in areas where tenants may be vulnerable, such as bathrooms.
What's Next
The case will now proceed to trial unless River Tower decides to appeal the ruling further. There are no indications in the court filing regarding any related cases pending at this time. The outcome of this case could set a precedent for how similar injury claims are handled in the future.