Poorly maintained stairways are a serious hazard that can lead to severe and sometimes life-altering injuries. Whether a landlord, business owner, or even a friend is responsible for a fall on the stairs, in the state of New York, as the victim you have every right to sue the negligent party. I’ll tell you more about when and how you can bring a lawsuit after this type of slip and fall.
If you believe you have a case, get in touch with a New York slip and fall attorney at Buttafuoco & Associates. We can tell you more about your rights during a free consultation at 1-800-NOW-HURT.
When is a Property Owner Responsible for Your Stairway Fall?
Property owners and managers, as well as people who own businesses or residences are liable for any injury that occurs on their property due to negligence. A property owner or manager can be considered liable for a variety of reasons, including building code violations, failure to notify guests about hazardous stairways, and failure to remove or repair such hazards in a timely manner.
Regardless of the reason, property owners are required to maintain safe premises. While hazardous conditions like broken steps, slippery stairs, or a burnt out lightbulb may happen from time to time, the key here is that the property owner must take several steps once they become aware of the issue.
First, they must warn occupants and guests of the hazardous condition. Caution signs or tape, or other remedies that call attention to the dangerous area are a must.
Additionally, they must remove the hazard as soon as is reasonably possible. If a snowstorm has resulted in wet or icy stairs, the owner needs to clean this up promptly. As far as damaged stairs, they need to clearly mark the hazard and repair the stairs as soon as possible.
Property owners are also required to remedy situations like pests that eat away wooden stairs, outdoor snow and ice that could cause a slip. If they fail to take action to assure the safety of residents and guests, they leave themselves open to a lawsuit due to negligence.
Technically, negligence can be proven if all of the following are true:
- A hazardous condition was identified and the property owner knew about it, OR a hazardous condition existed and the landlord should have reasonably known about it
- The property owner or manager failed to warn you about the hazard or repair it in a reasonably timely manner
- The hazardous condition caused your accident
Not all cases are as cut and dried as what is described above, so sometimes victims can benefit from working with a slip and fall lawyer serving New York.
When is a Property Owner NOT Responsible for Your Stairway Fall?
In some cases, an accident may happen without it being a clear case of negligence on the part of the property owner. If you fell down the stairs for no other reason than that you were looking at your phone and tripped, you cannot sue.
If, on the other hand, you were looking at your phone and then fell into a large hole in a stair, you may still be able to sue the property owner for the poor or unmarked conditions, but you may be held partially responsible for your injuries.
In this case, under what is known as comparative negligence, any accident settlement you receive would be reduced by the percentage to which you are found at fault for the accident.
Similarly, if the property owner warned you of a hazard on the stairs, properly marked it to secure your immediate safety, and also made arrangements to have it repaired as soon as possible, and you fell on the stairs before repairs were made, it is not likely that you have a case.
Compensation for a Stairway Fall
Stairway falls can cause extensive injuries, including broken bones, concussions, scrapes, sprains, permanent scarring, and more. After this type of accident, victims could be compensated for:
- Medical bills
- Current and ongoing medical treatment or physical therapy
- Lost work time
- Required caretaking or other household help
- Pain and suffering
Settlement amounts depend on the strength of your case, so having a slip and fall attorney in New York on your team can be helpful. Attorneys can gather hard-to-access evidence such as surveillance footage and have access to medical experts who may be able to support your claims. They can also help battle insurance companies who try to lowball you. Before agreeing to any settlement, it can be a good idea to touch base with a personal injury attorney.
Get in Touch with a Slip and Fall Attorney
If you’ve sustained an injury that has changed your life after falling on the stairs, consulting with an attorney can help you better understand your rights and whether you have a case.
At Buttafuoco & Associates, we fight for victims’ rights and to get them the compensation they deserve after being harmed due to another’s negligence.
Get in touch today to learn whether you have a case. Call 1-800-NOW-HURT.
