Trimarco v. Klein
Court of Appeals of
56 N.Y.2d 98, 436 N.E.2d 502, 451 N.Y.S.2d 52.
Prosser, pp. 148-151
Facts: A bathtub’s glass door
shattered and hurt the plaintiff. The defendant
was the landlord. The plaintiff sued for
negligence, alleging that it was customary to use shatterproof glass or plastic
and that the landlord should have switched the glass in the door. The trial court awarded damages to the plaintiff,
and the defendant appealed. The
complaint was dismissed by the intermediate appellate court, and the plaintiff
appealed to the Court of Appeals of
Issue: Did the landlord have a legal duty to change the glass?
Rule: An “accepted practice” can be shown to be a “legal duty”.
Conclusion: The court ordered a new trial.