Injuries from falls caused by faulty handrails or poorly maintained staircases are unfortunately a common occurrence. These accidents often result in severe injuries that can have long-lasting physical, emotional, and financial impacts. If you’ve sustained an injury in such a manner in New York, you may have the right to pursue a lawsuit against the responsible property owner.
New York, like many other states, follows the legal principle known as “premises liability.” This doctrine places a duty on property owners to maintain their premises in a reasonably safe condition. If an injury occurs due to their failure to address a hazardous condition, such as a broken handrail or an unsafe staircase, the owner could be held legally responsible for the damages.
Understanding whether you can sue for injuries from a faulty handrail or staircase requires knowledge of the specifics of premises liability law and the steps you need to take to protect your legal rights.
What is Premises Liability? 
Premises liability refers to a property owner’s responsibility to maintain their property in a safe condition for visitors, tenants, or employees. This is a cornerstone of personal injury law in New York. If an individual is injured due to a hazardous condition on someone else’s property, such as a broken handrail or a slippery staircase, the property owner or possessor may be liable for damages.
Under New York law, property owners are required to fix or warn others about dangerous conditions on their property. This applies to both residential and commercial properties, and it includes places like apartment buildings, restaurants, stores, and even public spaces.
For example, if a handrail on a staircase is loose and a person falls as a result, the property owner may be found liable for not fixing the handrail in a timely manner. The key to these types of claims is proving negligence on the part of the property owner.
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Elements of a Premises Liability Claim in New York
When filing a lawsuit for an injury caused by a faulty handrail or staircase, there are several elements that must be proven to have a valid claim. These include:
- Duty of Care: The property owner owed a duty to keep the premises safe. This is the fundamental requirement in any premises liability case. Property owners are responsible for maintaining a safe environment for those who are invited or permitted on the property.
- Breach of Duty: The property owner failed to fulfill their duty of care. This could mean that the handrail was not securely fastened, or the staircase was not properly lit, creating a dangerous condition.
- Causation: Your injury was caused by the hazardous condition. It’s necessary to prove that the defective handrail or staircase directly contributed to the injury.
- Damages: You suffered actual harm, such as physical injuries, medical expenses, lost wages, and pain and suffering. For a lawsuit to be successful, there must be evidence of damages incurred.
Understanding these elements will help you determine if you have a solid case for compensation. If you can establish that the property owner’s negligence caused your injury, you may be entitled to damages.
Steps to Take After an Injury Due to a Faulty Handrail or Staircase
If you have been injured due to a faulty handrail or staircase, it is important to take immediate action to protect your health and your legal rights. Here are the essential steps to follow after the injury:
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Seek Medical Attention Immediately
Your health and safety should always come first. After any fall, seek medical attention even if your injuries do not seem severe at first. Some injuries, especially to the neck, spine, or head, may not be immediately noticeable. A prompt medical evaluation will not only ensure that your injuries are properly treated but will also serve as vital documentation for your personal injury claim.
Report the Incident
Notify the property owner or manager about the hazardous condition that caused the injury. Reporting the incident ensures that it is officially documented. In cases involving commercial properties, the business owner or property manager may file an incident report that could be used in your case.
If possible, request a copy of the incident report for your records. This may help corroborate your version of events if the case goes to court.
Document the Scene of the Accident
Photographic evidence can be crucial in any premises liability claim. Take pictures of the defective handrail, staircase, or any other conditions that may have contributed to the accident. If there are any other witnesses, ask for their contact information and statements about what happened. These pieces of evidence will help strengthen your case.
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Consult with an Experienced Personal Injury Lawyer
In New York, personal injury law can be complex, and having a knowledgeable attorney can make a significant difference in the outcome of your case. A personal injury lawyer who specializes in premises liability cases will know how to investigate the situation, gather evidence, and build a case that supports your claim for damages.
A lawyer will also help you understand the statute of limitations, which is the time frame in which you must file a lawsuit. In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. Failing to file within this period may result in losing your right to sue.
What Compensation Can You Expect?
If your claim is successful, you may be entitled to various types of compensation, including:
- Medical Expenses: Compensation for past and future medical treatment, including hospital bills, surgery, rehabilitation, and medication.
- Lost Wages: If your injury caused you to miss work, you could recover compensation for the wages you lost as a result.
- Pain and Suffering: This type of compensation covers the physical and emotional distress caused by your injury.
- Punitive Damages: In cases of gross negligence, a judge may award punitive damages to punish the defendant and deter future misconduct.
The amount of compensation you may receive will depend on the severity of your injury, the evidence available, and how effectively your attorney presents your case. In some cases, settlements may be reached before trial, providing a faster resolution to your case.
Verdicts & Settlements
The Role of Comparative Negligence in New York
New York follows a comparative negligence rule when it comes to personal injury claims. This means that if you were partially at fault for the accident, your compensation may be reduced in proportion to your degree of fault. For example, if the accident happened because of a broken handrail but you were also not paying attention while walking, your compensation may be reduced by the percentage of your responsibility in the incident.
However, even if you were partially at fault, you may still be entitled to compensation for the property owner’s negligence if it was the primary cause of your injury.
Why You Should Act Quickly
When pursuing a premises liability claim, time is of the essence. The sooner you contact an experienced lawyer, the stronger your case will be. Delays in filing could result in loss of evidence, loss of witness testimony, or even a complete dismissal of your claim if the statute of limitations expires.
A skilled lawyer can help you navigate the legal complexities of premises liability law in New York and increase your chances of a successful outcome.
If you’ve been injured due to a faulty handrail or staircase in New York, it is essential to understand your legal rights. Premises liability law provides a path for injured individuals to pursue compensation for their losses, but the process can be complicated. By following the right steps and consulting with an experienced personal injury attorney, you can maximize your chances of receiving fair compensation for your injuries.
At Andrews, Bernstein & Maranto, PLLC, we understand the challenges you face after an accident, and we are committed to helping clients get the justice they deserve. If you or a loved one has been injured due to a dangerous condition on someone else’s property, contact us today for a free consultation. Let us help you navigate the legal process and fight for the compensation you deserve.
