I Fell Down the Stairs: Can I Sue?
Accidents on staircases are more common than you might think. If you've been injured falling down stairs in New York, you may be wondering if you have grounds for a lawsuit. This article will explain the basics of premises liability law, common negligent conditions that lead to stair accidents, and what you need to prove to file a successful claim.
Understanding Premises Liability in New York
Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property due to negligent conditions. In New York, property owners have a duty to maintain their premises in reasonably safe conditions for visitors and guests.
This duty extends to all areas of the property, including staircases. Property owners must regularly inspect their premises, identify potential hazards, and either repair them promptly or provide adequate warnings to visitors.
Negligent Conditions That Can Lead to Stairway Accidents
Several negligent property conditions can contribute to falls on stairs:
- Broken or loose steps
- Missing or broken handrails
- Poor lighting in stairwells
- Slippery surfaces due to spills or weather conditions
- Uneven step heights or depths
- Debris or obstacles on stairs
- Worn or torn carpeting on steps
- Code violations in stair construction or maintenance
Can You Sue for Falling Down Stairs?
Yes, you can sue if you've been injured falling down stairs due to a property owner's negligence. However, to have a successful claim, you'll need to prove several key elements:
- The property owner owed you a duty of care (i.e., you were legally on the premises)
- The property owner breached that duty by failing to maintain safe conditions
- This breach directly caused your fall and subsequent injuries
- You suffered actual damages (medical bills, lost wages, pain and suffering, etc.)
It is important to note that New York follows a comparative negligence rule. This means that if you're found partially at fault for your accident (e.g., you were distracted or ignored warning signs), your compensation may be reduced by your percentage of fault.
Seek Legal Counsel
If you've been injured falling down a stairway, it is crucial to consult with an experienced personal injury attorney. They can offer guidance with the following:
- Evaluate the strength of your case
- Gather evidence to support your claim
- Navigate complex legal procedures
- Negotiate with insurance companies on your behalf
- Represent you in court if necessary
At Law Offices of Charles R. Gueli, our attorney has over two and half decades of legal experience. Let our formidable attorney help you navigate the legal aftermath of a stairway accident.
Call (516) 628-6402 to request a free case evaluation.