Handrails are designed to provide you with support, safety, and a balance aid when walking up stairs or along elevated surfaces, but what happens when you lean on one that’s broken? A broken handrail can cause a pedestrian to fall, potentially leading to significant injuries and medical costs. If you’re suffering broken handrail injuries, you may be wondering about your options for a premises liability lawsuit and the steps involved.
Our premises liability attorneys in New York at Ross & Hill often work with clients who’ve been injured on hazardous staircases or walkways. Below, we explain what you should know about filing a premises liability claim in New York for an injury from a broken handrail.
The Hidden Hazards of Broken Handrails
New York City has the tallest skyline in the United States. This naturally equates to a significant number of buildings with staircases.
Beyond this, the walkable, urban city has many outdoor stairway paths bridging various streets together. According to the New York City Department of Transportation, the city has over 100 streets with pedestrian stairways.
These indoor and outdoor staircases, along with elevated walkways, often have handrails to support pedestrians and to prevent accidents. But if the handrail isn’t secured properly or is defective or broken, it can become more of a hazard than a support device. People may lean on the handrail, expecting support, only to feel it shift beneath their weight, causing them to fall.
Millions of people are injured in falls each year. A fall on a staircase or from an elevated platform can cause significant, life-changing injuries, including fractures, traumatic brain injuries, spinal cord damage, and more.
Who’s Responsible for Your Damages?
Understanding liability in slip-and-fall or premises liability lawsuits can be confusing. If you’re injured from unsafe premises conditions, such as a broken handrail, who’s responsible? The answer typically hinges on where the accident happened.
The following parties could be responsible:
- The property owner: Property owners are responsible for maintaining reasonably safe premises, which includes addressing, repairing, or blocking off hazardous conditions promptly after they arise. If you’re injured from a faulty handrail at a grocery store, apartment complex, or in someone’s home, the owner could be liable.
- A negligent maintenance provider: If the property owner hired a repair team to fix the handrail, but they did so improperly, the maintenance provider could be held responsible for their negligent work. In some cases, the property owner and maintenance provider may share responsibility.
- A municipal authority: If your accident happened on grounds owned by the government, such as a public library or the subway, the city could be held responsible.
Do You Have Grounds for a Lawsuit?
Filing a premises liability lawsuit requires establishing liability and proving negligence. You may have grounds for legal action if you can establish the following:
- The liable party owed you a duty of care: First, you must demonstrate the legal responsibility of the liable party. For example, in a property owner negligence case, you may need to cite New York building codes stating minimum handrail heights and lengths for balconies, landings, porches, ramps, and similar surfaces.
- They breached their responsibility: Next, you need to show how they breached their legal responsibility. This might be through failing to fix a broken handrail or by not having one at all. Evidence of this could be in photographs, surveillance footage, maintenance records, witness statements, and more.
- Their negligent action caused your injury: A hazardous condition alone is not grounds for a premises liability lawsuit. You must be able to tie the dangerous condition to your accident.
- You suffered measurable damages: Finally, you need to provide documentation for your damages, such as medical bills, missed wages, rehabilitation costs, etc.
Filing Your Lawsuit: Steps Explained by an NYC Premises Liability Lawyer
When you pursue a premises liability claim for a broken handrail injury, the process typically begins with seeking medical attention and documenting your injuries. After that, your attorney can conduct an initial case evaluation to determine whether negligence can be established. The next step is gathering evidence, which may include photographs, accident reports, medical records, witness statements, and more.
Your lawyer will then notify the property owner, their insurer, or the responsible municipal agency of your intent to file a claim. This is followed by a formal demand letter outlining your injuries, damages, and legal basis for compensation.
If the insurance company disputes liability or offers an inadequate settlement, your attorney may negotiate with them or file a lawsuit in civil court. From there, the case proceeds through discovery, negotiations, and, if necessary, trial.
Are You Looking for a Personal Injury Law Firm in New York?
If you believe you have grounds for a premises liability lawsuit, consider consulting an attorney to discuss your case. We can go over the required elements of a premises liability case, the details of your accident, and the potentially liable parties. Call Ross & Hill at (646) 351-6222 to schedule your consultation.
FAQs Answered by a Premises Liability Attorney
Premises liability cases can raise many questions. Find answers to common ones below or give us a call at (646) 351-6222 to speak with an experienced attorney about your case.
Can You Sue a Property Owner if You Fall Down the Stairs From a Broken Handrail?
Yes, if the property owner failed to maintain a safe handrail and that negligence caused your fall and injuries, you may be able to file a premises liability claim against them in New York.
Can Multiple Parties Share Liability in Personal Injury Lawsuits in New York?
Yes, New York follows pure comparative negligence, allowing multiple parties, such as a property owner, maintenance company, or contractor, to share liability when their combined negligence contributes to an accident.
How Long Do You Have To File Slip-and-Fall Claims in New York?
New York’s statute of limitations for premises liability lawsuits and all personal injury cases is generally three years from the date of the accident. Claims against a municipality require even shorter notice periods. Missing these deadlines can bar you from compensation.
