Trimarco v. Klein

Court of Appeals of New York, 1982.

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 New York.


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.


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