In fact, the New York State Department of Health indicates that two New Yorkers are fatally injured in falls every day. Some of these are likely stair-related, and besides potential fatalities, falling down the stairs can result in injuries ranging from bumps, bruises, and sprains to hip fractures and traumatic brain injuries (TBI).
This can be a painful and confusing time, but remember, you may have options under New York premises liability law.
When someone else’s negligence caused a serious stairway accident, you deserve the chance to pursue compensation for the resulting damages. At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., our NY premises liability attorneys know you probably have a lot of questions, and we have a record of getting accident victims everything they need and deserve, like this $2 million settlement for a staircase accident. Let our stairway accident lawyers investigate what happened, identify who is at fault for your stairway accident, and advise you what comes next.
While all ages can be victims of stairway accidents, senior citizens, young children, and women report the most injuries, according to the American Journal of Emergency Medicine. Young adults also had high injury rates from stair accidents.
Most accidents, some 60%, happened in the home, including rental properties like New York City multi-unit buildings with common stairwells. Other places where falling down stairs is more likely to occur are workplaces, entertainment and sports venues, and public transportation sites, such as subways. If you were injured on the subway, contact our subway accident lawyers.
Common Injuries From Falling Down The Stairs
Slips, trips, and falls on staircases can lead to various injuries. These usually depend on different factors, like your age, the height of the stairs, how you fell, and the surface of the stairs.
Falling down stairs can cause significant injuries. Although that conclusion seems like common sense, there’s more to understand about why accidents of this nature pose so much danger, especially to certain groups like the elderly, young children, and pregnant women.
Unexpected Loss of Support
When you lose your footing on the stairs, it’s very easy to lose your balance. You may be unable to control your fall, leading to significant injuries.
Height & Gravity
Because of the change in elevation, falling on stairs is different from falling on an even surface. Falling down the stairs means you could experience more speed and force than you would on a flat surface.
Multiple Impact Points
When you fall down the stairs, you can hit several parts of your body at once — if you’re rolling, you could hit different spots multiple times. These individual impacts can accumulate to cause a variety of injuries or make injuries worse.
Awkward Fall Positions
It’s possible to get hurt when you’re trying to avoid getting injured when falling down the stairs. Whether you’re trying to break your fall or twisting to avoid a direct impact, you face the risk of complex injuries or fractures.
What Causes Accidents on Broken Stairs in NYC?
Broken stairs or ones needing repaired can lead to accidents. Some causes for accidents on stairs include:
Rotten supports
Rickety rails
Lack of rails
Stairs that aren’t up to code
Torn carpet
Ice or other slippery substances
Uneven surfaces
Blocked stairways
Defective parts
Poor construction
Who’s at Fault for Defective and Broken Stair Accidents?
Accidents involving stairs may have several possible causes and various responsible parties. When you meet with our staircase accident attorneys to discuss your, or a loved one’s, stair accident they will determine who may be required to pay damages for your injuries.
Some possible legal arguments that may entitle you to compensation include:
Premises Liability for Unsafe and Dangerous Stairs
Under New York premises liability law, if you are injured on someone’s property, they might be responsible for damages that arise from your injuries. So, if you suffer a neck injury when you fall down the stairs at your apartment complex, the property owner could be liable. But, just being injured on another’s property doesn’t automatically make the owner liable.
Other possible liable parties for a premises accident include:
Landlords
Property managers
Maintenance staff
Government entities, in certain scenarios
To recover damages you must prove:
You were lawfully on the property or when you were injured
The property owner was negligent about the condition that caused your injury
The property owner’s negligence was the proximate cause of your injury
When you work with our staircase accident attorneys, we will identify who is at fault and determine if your stair accident injuries resulted from broken, defective, or uneven stairs, or failure to properly install or maintain a handrail. From there, we will pursue a favorable resolution from the owner or property manager responsible. That could mean filing a personal injury claim against a landlord or venue owner if you were injured in settings like a club, bar, restaurant, sports complex, or concert hall.
Product Liability for Defective and Broken Stairs
Sometimes staircase falls are attributable to design or manufacturing defects in the products used to build and maintain the stairs. For example, an important safety feature of stairs is the handrail. If a handrail is poorly designed or placed, it could fail. If stair treads don’t have proper non-skid treatment, serious falls can happen.
When you’re hurt on the stairs because of a defective product, you can bring a case against the designer or manufacturer of the product.
In such cases, our defective product lawyers will investigate and identify those companies responsible. Not only will we work to have those parties compensate you for your injuries, but we’ll also fight to ensure the defective parts are fixed, potentially saving others from injury.
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Other Legal Actions for Stair Accidents
Besides determining if a property owner or management company was at fault for your stair accident, our staircase accident attorneys understand there may be others who should be held accountable. For example, if a handrail gave way and you were subsequently injured, it may have been negligently installed. The company that installed it could be liable for your damages. Or, if you are hurt at work, outside of your workers’ compensation claim, there could be an avenue to pursue a third-party work injury claim (other than your employer) for your injuries.
Compensation after a Staircase Accident
If you can establish that someone else’s negligence caused your fall and subsequent injuries, then you can seek compensation for your:
Medical Bills
Lost Income and Benefits
Pain and Suffering
Emotional Distress
Disfigurement
Disability
Reduced Earning Capacity
Lower Quality of Life
What Are the Elements of a Broken Stair Personal Injury Claim?
New York law imposes a duty on owners and others in charge of property to keep their property safe for others. This legal obligation applies in stores, restaurants, office buildings, apartment complexes, and other spaces.
Liability is based upon negligence. You must prove certain elements to recover compensation for your losses:
The property owner or other responsible party had a duty to exercise reasonable care in maintaining the space.
That person or entity breached their legal duty through careless acts or a failure to act.
The breach of duty directly caused by the accident in which you suffered injuries.
You suffered losses as a result of getting hurt.
How Can a Defective Stairway Lawyer Help Pursue A Claim?
After a stairway accident, your focus should be on recovering from your injuries. By working with a New York City defective stairs lawyer, you can devote your time to recuperation while they handle the legal aspects of your case.
Your staircase accident attorney can keep track of important court dates and documents, as well as building your case. Your claim will be built on evidence. Your attorney can investigate your accident and gather evidence to solidify your claim.
These cases can become complex very quickly, but experienced NYC personal injury lawyers like the ones at Hecht, Kleeger & Damashek can help protect your claim to the damages you are owed. We will fight for your rights and help you secure the compensation you deserve for your suffering.
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When I spoke to Mr. Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
Falling down the stairs and suffering injuries is traumatic, embarrassing, and painful. You may be hospitalized, need extensive physical therapy, and miss significant amounts of work. Even worse, you could suffer a life-altering injury to your brain or spinal cord. Whatever the extent of your, or a loved one’s, stair accident injuries, you need to consult a New York personal injury attorney at Hecht, Kleeger & Damashek, P.C. By allowing us to evaluate your stairway accident case, we can determine if you are entitled to compensation.
