Can you sue for falling down stairs? You can file a lawsuit if you fall down stairs due to unsafe or hazardous conditions on another person’s property. In New York, property owners have a legal duty to keep stairways in a condition that minimizes risks for individuals using them. If a property owner neglects this duty and it results in a fall, the injured person may have the right to pursue a claim.
Filing a lawsuit after a stairway fall can help recover damages for medical bills, lost wages, pain, and suffering. Since New York law requires property owners to uphold specific safety standards, they may owe you compensation for falling down stairs if they could have done something to prevent your fall.
Consulting a New York slip and fall lawyer can clarify your options and the strength of your case.
Can You Sue for Falling Down Stairs? What Causes of Stair-Related Accidents Could Lead to a Lawsuit?
Stair-related accidents often result from specific, hazardous conditions that a property owner failed to address. Understanding these common causes can help determine if an accident may qualify for legal action.
Some of the primary causes include:
- Slippery or wet surfaces: Spills, rainwater, or even freshly waxed stairs can create slippery surfaces. If a property owner fails to mark or address these hazards, they may be liable for resulting injuries.
- Broken or missing handrails: Handrails are essential for safety on staircases, especially in high-traffic areas. If handrails are broken, loose, or missing, they can contribute significantly to stairway falls.
- Uneven steps or poor construction: Uneven step heights, loose boards, or substandard construction create a higher risk of falls. Properties with defective stairs may face liability if these issues are not resolved.
Other factors, such as poor lighting, obstructions on stairs, or a lack of visible warnings, can also lead to serious injuries. A New York City personal injury lawyer can help establish these hazards as the cause of an accident to strengthen the basis for a claim.
Who Is Liable for a Stairway Fall Accident?
The property owner or manager is generally liable if hazardous stair conditions contributed to the fall. In New York, the law requires property owners to maintain safe environments for tenants, guests, or visitors, which includes keeping stairways free from hazards. When a property owner does not meet these responsibilities, they may be held liable.
However, determining liability can involve assessing multiple factors. For example, if the stairway is within an apartment complex, liability might rest with the property management company. If the incident occurred on commercial property, such as a store or restaurant, the business owner might be responsible.
How do You Prove Negligence in a Stair-Related Lawsuit?
To prove negligence in a stair-related lawsuit, you need to establish that the property owner’s actions, or lack thereof, directly contributed to your injuries. In New York, proving negligence involves demonstrating:
- Duty of care: The property owner had a responsibility to maintain safe stairways.
- Breach of duty: The owner failed to uphold this duty, such as by neglecting repairs or ignoring known hazards.
- Causation: The unsafe stair conditions directly led to the fall and resulting injuries.
- Damages: The accident caused measurable harm, including medical bills, lost wages, or pain and suffering.
Providing evidence, such as photographs, witness testimonies, or maintenance records, can support your claim. A skilled New York City broken bone and fracture lawyer can guide you through gathering necessary evidence and presenting a strong case.
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What Compensation for Falling Down Stairs Can You Seek in a Lawsuit?
In a successful stairway fall lawsuit, you may be able to recover various types of compensation, depending on the severity of the injuries and their impact on your life. Common forms of compensation include:
- Medical expenses: This can cover costs for hospital stays, surgeries, medications, and rehabilitation services required due to the fall.
- Lost wages: If injuries from the fall prevented you from working, compensation may cover lost income and potential future earnings if the injury affects long-term employment.
- Pain and suffering: Non-economic damages, such as physical pain or emotional distress resulting from the fall, may also be compensable.
Additional damages, like loss of enjoyment of life or loss of consortium, may be available depending on the case’s details. Consulting a lawyer will clarify which damages apply to your compensation for falling down the stairs.
How Long do You Have to File a Stairway Fall Lawsuit in New York?
In New York, the statute of limitations for filing a personal injury lawsuit, including stairway fall cases, is generally three years from the date of the accident. Missing this deadline can result in the loss of your right to pursue compensation, making it crucial to act promptly.
However, certain situations may affect the filing deadline. For example, if the accident occurred on government property, specific notice requirements and shorter deadlines might apply. A lawyer can help ensure you meet all deadlines relevant to your claim.
Contact Levine and Wiss for Legal Assistance With Your Stairway Fall Claim
If you suffered injuries from a stairway fall due to unsafe conditions, the attorneys at Levine And Wiss are here to provide the support you need. Our experienced team understands New York premises liability laws and is prepared to help you seek fair compensation for the impact of your injuries.
We’ll review your case, discuss your options, and guide you through each step of the legal process to pursue your stairway fall claim with confidence. Our team is committed to helping you achieve the best possible outcome for your situation. Contact Levine And Wiss today to schedule a free consultation.
