There are stairways in the State of New York fraught with real life hazards that could cause serious injury. From snow covered exterior stairways to indoor staircases that have fallen into disrepair, stairs in and around rental properties can be more dangerous than some might expect.
Who is Responsible for Maintaining Stairways Throughout Rental Properties?
By law, property owners are obligated to insure the safety of their premises. They have a duty to take reasonable care to ensure that their property is in a state that will not cause harm to others.
People who have been invited onto the property – these could be customers, employees, tenants or guests – have a right to hold the property owner accountable in the event that an unsafe stairway or other aspect of the premises causes personal injury.
Common Stairway Conditions That Can Cause Serious Injuries
There are numerous stairway issues that arise and can cause serious injuries.
Inadequate Lighting
Inadequate lighting could lead to a fall on a stairway by reducing visibility, making it difficult for tenants and visitors to see the stairs they are trying to navigate. Additionally, lack of lighting could also promote criminal activity such as robbery or assault. The property owner may be held liable if a person is harmed because of poor lighting on the premises.
Stairway Debris
Debris on stairways can also cause slip and fall accidents. Whether there are repairs underway, snow and ice on outdoor stairs, or the stairs have fallen into a general state of disrepair, the presence of debris and obstacles on the stairs can present a dangerous hazard that a landlord may be found liable for if it ultimately causes a slip and fall accident and injury.
Lack of Handrails
Railings are an important safety feature that can help to prevent stairway slip and fall accidents. Stairs that lack handrails can be seen as a hazard. As a result, landlords should install and maintain handrails along the stairways in the properties that they own and manage.
Broken Steps and Uneven Surfaces
Uneven surfaces are dangerous in general, but they are particularly dangerous when it comes to climbing stairways. An unexpected uneven step can cause an individual to fall down the entire staircase. Similarly, broken steps can cause an individual to stumble, resulting in a tumble down the remainder of the stairs, which could result in serious injury.
What Are a Property Owner’s Obligations for Maintaining Stairs?
Given the hazards noted above, the following are some of the key obligations of property owners when it comes to maintaining safe stairways:
- Keep paths to stairways clear of debris
- Install and maintain handrails in stairways
- Repair broken steps and uneven surfaces when people walk
- Make certain that steps are not too steep and that the area is free of projecting edges that could hurt someone
This is not an exhaustive list. In general, as mentioned previously, a property owner has a duty of reasonable care to ensure that the conditions on his property will not cause harm to others. But a slip and fall accident on stairs within a rental property does not automatically indicate that the property owner is at fault.
Should My Landlord Be Held Responsible for My Injury on the Stairs?
In order for a landlord or property owner to be found legally responsible for the stairway slip and fall accident that left you seriously injured, one of the three following conditions needs to have been met:
- The landlord or property owner caused the condition on the stairway that resulted in your injury.
- The landlord or property owner was aware of the dangerous condition on the stairs that ultimately caused your injury but took no steps to rectify it.
- The landlord or property owner should have been aware of the dangerous state of the stairs where you were injured based on their responsibility to exercise reasonable care in order to keep their property safe for tenants and visitors.
If your scenario meets one of these requirements, you could be eligible for compensation.
Get The Help You Need After a Stairway Slip & Fall Accident
Too many property owners in New York let their premises fall into disrepair and tenants and others unfortunately suffer injuries as a result. If you’ve been injured as the result of a slip and fall accident on stairs, it’s important to know where to turn for help in obtaining the compensation you deserve.
While your first steps after a slip and fall accident on a stairway should be to seek medical attention and document the defective premises that caused the accident, one of your next steps should be obtaining a personal injury attorney to guide and represent you as you pursue compensation.
Proving fault in slip and fall accidents can be challenging, so having an experienced personal injury lawyer on your side to advocate for you can be advantageous.
If you’ve been injured the Capital District or Hudson Valley area of Upstate New York, contact the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto today! Our team can assess and investigate your case, as well as seek the maximum in compensation for your injuries. With offices in Albany, Saugerties and Johnstown, we are a convenient choice for individuals throughout the state of New York.
Take the first step towards obtaining the compensation you’re entitled to. Give us a call today at (800) 721-3553 or contact us online to schedule a free consultation with a member of our team.
Editor’s note: This content was originally published in 2014 but has been updated as of January 2019.
