Falls on staircases are one of the most common causes of serious injuries in apartment buildings. Broken steps, loose treads, missing handrails, and poor lighting can turn a routine walk into a dangerous situation in seconds. In Rockland County, these incidents often raise questions about who is responsible and what legal rights an injured person has under New York law. Understanding how premises liability works can help you protect yourself after a stair-related fall.
Landlord Responsibilities Under New York Law
New York law requires landlords to keep apartment buildings in a reasonably safe condition. This includes staircases in common areas such as hallways, entryways, basements, and fire escapes. Landlords are expected to perform regular inspections, repair dangerous conditions, and comply with state and local building codes. Proper handrails, adequate lighting, and structurally sound steps are not optional. If a stair is cracked, rotting, loose, or uneven, the landlord has a duty to fix it within a reasonable time once they know, or should have known, about the problem.
Proving Negligence After a Staircase Fall
To recover compensation after a fall on a broken staircase, you must generally show that the landlord was negligent. This means proving that a dangerous condition existed and that the landlord failed to address it. Evidence is critical. Prior complaints from tenants, maintenance records, photographs of the broken stair, building code violations, and witness statements can all help establish liability. Medical records connecting your injuries directly to the fall are also essential. In many cases, the key issue is whether the landlord had notice of the hazard and failed to act.
What Damages Can Be Recovered
A fall on stairs can lead to serious injuries, including fractures, head trauma, back injuries, and long-term mobility issues. If negligence is proven, you may be entitled to compensation for medical expenses, lost wages, reduced earning capacity, and pain and suffering. In more severe cases, damages may also include the cost of ongoing treatment or permanent disability. Every case is different, and the value of a claim depends on the extent of the injuries and how they affect your daily life.
Tenant Rights Versus Guest Rights
Both tenants and guests have legal protections under New York premises liability law. Tenants are owed a duty of care because they live in the building, but guests, delivery drivers, and visitors are also protected when they are lawfully on the property. A landlord cannot avoid responsibility simply because the injured person does not live in the apartment building. The main question is whether the landlord failed to maintain safe conditions in areas they control.
Frequently Asked Questions
Can I sue my landlord for a broken stair? Yes, if the landlord knew or should have known about the broken stair and failed to repair it, you may have grounds for a lawsuit.
What if the stair was inside my apartment unit? Liability can still exist, especially if the landlord was responsible for maintaining that area or was notified of the defect and did not fix it.
Does the building’s age affect liability? No. Older buildings must still meet safety requirements. Age is not a defense to failing to maintain safe staircases.
If you were injured in a fall on stairs in an apartment building, we can help you understand your options and protect your rights. Call Gash & Associates, P.C. at (914) 328-8800 to discuss your situation and learn how we may be able to help.