Tenant Loses Slip-and-Fall Case Against Landlord in CT
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Case Background
The lawsuit of Nicholas Muniz v. DHM Enterprises, Inc. came out of an accident that happened on a cold winter night in Meriden, Connecticut. Nicholas Muniz, a tenant living at 453 West Main Street, claimed he suffered a devastating fall on the steps outside his apartment building because of unsafe conditions that his landlord, DHM Enterprises, failed to correct.
Muniz lived at the property as a tenant, while DHM Enterprises owned and managed the building. The landlord was responsible for keeping the shared spaces of the property safe, including the exterior stairs that all tenants used. According to Muniz, DHM Enterprises neglected this responsibility by failing to maintain the gutters above the stairs. These gutters had become clogged and broken, causing water to overflow onto the steps. On cold nights, the water froze into ice patches that turned the stairs into a serious hazard.
On the evening of February 4, 2021, around nine o’clock, Muniz was heading down the exterior steps of the building. As he stepped onto the icy surface, he slipped and fell violently. The fall left him with severe injuries, including a spiral fracture of his femur that required emergency surgery. He also suffered related soft tissue damage and lasting physical pain.
Muniz brought the case to court, saying the accident was entirely preventable and was caused by his landlord’s neglect. He filed a complaint for negligence and negligence per se, pointing not only to common-law landlord duties but also to specific city ordinances and Connecticut statutes that required landlords to keep shared areas in safe condition.
Cause
Muniz’s complaint stated that DHM Enterprises failed in several ways. He alleged that the company allowed a dangerous condition to develop and continue on the property when it knew, or should have known, that tenants regularly used those stairs. He argued that the landlord ignored the clogged and damaged gutters, which directed water onto the steps and created the very ice patch that caused his fall.
He also stated that the landlord failed to take simple and reasonable steps such as repairing the gutters, replacing them, or warning tenants not to use th
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