Accidents in stairwells are not very unusual. While some can get up and walk away with only a few bumps and bruises, others suffer severe injuries. Stairwell accidents might be due to a variety of reasons, and the property owner or others might be held responsible.
Talk to your attorney about where the stairwell in your case is located. The landlord of the property, the owners of the business where the stairs are located, or individual people who contributed to the accident might be held liable. We should consider whether you were lawfully present in the stairwell when the accident happened, as trespassers might not have a strong claim for damages. We should also consider whether the stairs were up to code or if the defendant placed signs or other warnings against using the stairwell. Whatever the case might be, our legal team can help you collect evidence to prove your claims.
Call The Carrion Law Firm at (718) 841-0083 and ask our NYC personal injury attorneys for a free initial case review to get started.
Who You Can Sue for Injuries in a NYC Stairwell
If you or someone you know has been injured in a stairwell, there could be quite a few different people you can hold responsible. You should go over the accident with your attorney after you get medical attention for your injuries. They should help you determine whom to include in your case.
Landlords
Apartment buildings and complexes might have stairwells that are part of common areas shared by all tenants. Usually, tenants may use these areas but are not responsible for their care or maintenance. Landlords must make sure that common areas, including common stairwells, are safe. If they do not, your injuries might be their responsibility.
However, if the stairwell was inside your rented apartment, such as a stairwell to the second floor of your rented condo, the landlord might not necessarily be responsible. You may be responsible for certain aspects of maintenance. Even so, major structural issues with the stairs might still be your landlord’s responsibility.
Business Owners
If the stairwell where you were hurt was inside a store or business where you were a patron, you may include the business in your lawsuit. For example, you might have been shopping in a department store and taking the stairs from one floor to another when you fell because the stairs were in disrepair. You can sue the department store for your damages in that case.
Keep in mind that if the store was closed or you had for some reason been asked to leave before you were injured, you might be considered a trespasser, and you might be unable to sue the store for your injuries.
Individual Assailants
It is also possible that you were pushed or tipped in the stairwell by someone else. This person might be someone you know or a stranger. They might have done it unintentionally, or perhaps they did it on purpose. Whatever the case might be, our NYC personal injury attorneys can sue them for your damages and hold them accountable for their actions.
If the person who caused you to fall was an employee of the business or store where the stairwell was located, we can also include their employer in the case.
Important Factors in Stairwell Accident Cases
Accidents in stairwells may be more than simple slip and fall accidents. There could be numerous factors to consider, and you should review them all in detail with your lawyer.
You Were Lawfully Present
First, we should think about whether you were lawfully present in the stairwell when the accident happened. As mentioned earlier, if you were trespassing in the stairwell, you might not be able to file a legal claim for damages since you were not supposed to be there in the first place.
However, it is possible that you were unaware that you were in an unauthorized location. Maybe you were shopping in a department store, and the stairwell was closed, but no warning signs were posted to alert customers to avoid the stairs. In that case, the business might still be responsible.
No Warnings of Hazards
Perhaps you were injured because of some hazardous condition in the stairwell. Maybe the stairs were under maintenance, or there was a leak causing the stairs to become wet and slick. If you were not warned about the unsafe condition, the property owner might be held responsible.
Even a simple wet-floor sign may be an adequate warning. If you do not remember seeing any signs or being warned to keep away from the stairs, inform your lawyer.
Your Negligence
While it might be difficult to discuss, we should consider whether you might have done anything negligent to cause the accident. While the defendant may be liable for the accident if it was caused by their negligence, they may not be liable for an accident caused by your negligence.
For example, if someone fell while running down the stairs in high-heel shoes, the defendant might argue that their speed and footwear caused the accident, not anything they might have done. Talk to your lawyer about your actions, and they can help you determine if you contributed to the accident.
Evidence We Need to Prove Liability in a Stairwell Accident Case
To prove your claims, we must establish who is responsible for the stairwell and how their actions or negligence caused your accident.
We might want to check for records of property ownership or lease terms to determine who owns the property or whether a landlord is responsible for maintenance.
Were the stairs in disrepair or not up to code? If so, inspection records might shed light on the issue. We can also check for security camera footage, which is highly likely if you were injured in a store or business.
Contact Our NYC Personal Injury Attorneys About Your Accident and Injuries Now
Call The Carrion Law Firm at (718) 841-0083 and ask our Bronx personal injury attorneys for a free initial case review to get started.