Can Broken Stairs or Railings Lead to a Premises Liability Lawsuit in New York?

A fall down the stairs can cause catastrophic injuries, and when that happens because someone was negligent, it’s possible to bring a premises liability suit to recover the losses and damages you’ve suffered as a result of that negligence. Talk to a premises liability attorney in Queens, NY to find out more about your case.

Can Broken Stairs or Railings Lead to a Premises Liability Lawsuit in Queens, NY?

A premises liability lawsuit can be brought against the owner of a property for negligence in maintaining safe conditions in their building. The stairs definitely count as something that must be properly maintained, so a property owner that has not done their due diligence to either prevent or address an unsafe condition related to the stairs could be liable for injuries.

When Can You Sue?

To be able to sue, you have to have been injured on someone else’s property and be able to show that there was an unsafe condition that the property owner either created or was aware of and did not properly address. Then, you will have to show that it was the unsafe condition that caused your fall and injury and precisely what your losses and damages were.

Some of the common issues that cause falls on stairs include handrails that aren’t appropriate for the stairs or are missing entirely, or stairs themselves that are loose or have rotting boards. Other issues that may warrant a lawsuit would include building debris being left in the stairwell, especially if there’s poor lighting, or staircases that are constructed with uneven risers that cause a trip hazard. If the stairs are mopped frequently, they need to be marked with a sign each time to make sure everyone knows they’re slick.

In some cases, the law allows a property owner a little bit of time to address an issue, even if they’re aware of it. For example, if sleet or snow causes ice to form on a staircase outside, the property owner does have some time to address this issue. If you were to fall not long after the snow started, and especially if the snow was still ongoing, the property owner likely could not be held responsible. But if it was two days after the snowfall and no sand or salt had been put down to clear the staircase, then the property owner would likely be responsible.

Defenses 

You should expect the property owner to bring a defense, and one of the most common is arguing that you were distracted or impaired and the accident was your fault. Another fairly common defense is to argue that the property owner was not aware of the hazard. Your lawyer can help you gather evidence if you need to prove what really happened or show that the property owner either was aware of the hazard or should’ve been.

Talk to a Premises Liability Attorney for Help

For help with your case, reach out to us now at Bardizbanian & Associates, P.C. Queens, NY or Forest Hills, NY for a free consultation.

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