slip & fall

I Slipped and Fell on Some Stairs. Who Is Liable?

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Filing a Claim for Damages After a Stairway Accident

Stairwells can present a considerable danger whether they are located inside of a building or on the exterior. Under certain circumstances, a property owner may be held liable for an accident that occurs on stairs located inside or adjoining their property.

If you suffer serious injury as a result of a stairway fall, contact the Law Office of Asaro & Associates, P.C. to request a case consultation. Our experienced Bronx staircase accident lawyers may be able to help you obtain compensation for your injuries. Call (347) 231-5459 or fill out our online contact form to get started.

Who Is Liable in a Stairwell Accident?

Depending on the situation, a property owner may be liable for damages if you are injured in a stairwell accident on their property. According to New York City Administrative Code Section 27-127, “All buildings and all parts thereof shall be maintained in a safe condition.” Under this code section, staircases must be maintained in good working order.

New York City Administrative Code Section 27-128 establishes owner liability for failing to keep the premises safe. Slip and fall accidents on stairwells fall under premises liability law. In order to establish a valid claim for recovery, you must prove several things, including that there was an unsafe condition that led to your injuries.

What Do I Have to Show to Prove Liability?

Proving liability in a slip and fall case can be difficult, but with the help of a Bronx stairway accident lawyer, you can hold negligent parties responsible. 

Some of the things that an attorney will consider in a staircase accident case include:

  • Did the owner or their agent create the dangerous condition?
  • Did the owner or their agent know or should have known about the hazard?
  • If they knew about the defective condition, did they fail to remedy it timely?
  • Did the owner adequately warn people about the potential hazard?

What Are Common Causes of Staircase Accidents?

Stairwell accidents can be caused by a number of different defective conditions. If you are injured because of a slip and fall on stairs, it is always in your best interest to contact a lawyer as soon as possible. An attorney can help determine the cause of the accident and whether you should pursue legal action.

Common causes of staircase accidents include:

  • Torn or loose carpet
  • Ice and snow
  • Spilled liquid
  • Broken handrails
  • Loose gravel or other objects
  • Improper construction
  • Inadequate maintenance
  • Uneven stairs
  • Unsuitable height or depth

How Do I Know If a Staircase Was Not Properly Constructed?

Buildings are required to be constructed in a safe condition. The New York Administrative Code sets forth requirements for both interior and exterior stairs located on a premises. Failure to comply with these or other building code statutes may result in liability. 

A staircase may fail to comply with the administrative code if it is not wide enough. Width requirements are based on the occupant load, use, and capacity of the building. Injury can occur because a staircase was not properly constructed or designed.

Other stairwell construction violations that may lead to liability include:

  • Inadequate headroom
  • Inaccurate riser height and tread
  • Improper construction of guards or handrails
  • Complete lack of guards or handrails
  • Inappropriate building material used in construction

What Kinds of Injuries Occur From Stairwell Accidents?

According to a study published in the American Journal of Emergency Medicine, on average, over 1 million people sustain a stair-related injury requiring emergency medical treatment each year. Injuries from slip and falls on stairs can be relatively minor to catastrophic.

Common injuries related to slip and falls on stairs include:

  • Sprains and strains
  • Soft tissue injuries
  • Fractures
  • Injury to the lower extremities
  • Head and neck injury

In severe cases, a stairway accident can cause life-threatening injuries or deaths. Falls are a common source of traumatic brain injury (TBI) and spinal cord damage. If you are seriously injured, you need to consult with a Bronx stairway accident attorney.

How Can an Attorney Help?

If you are injured in a staircase accident, an attorney can help you hold a negligent party accountable. Without the help of a lawyer, you may not be able to get the maximum compensation available in your case. Many times, a negligent party or their insurance representative may deny responsibility or try to get you to settle your claim.

You should never sign anything without first consulting an attorney. An early settlement offer rarely reflects the full value of your claim, and you may be signing away your rights to recovery. An attorney can review your case to determine your legal options and whether you should seek additional damages based on your injuries.

How Much Does It Cost to Hire an Attorney?

At the Law Office of Asaro & Associates, you pay nothing unless we win. Our Bronx stairway accident lawyers handle matters on a contingency-fee basis, meaning there are no out-of-pocket costs. We want you to focus on your recovery while we try to get you the financial justice you deserve.

All case consultations are free and without obligation to retain our services. We will conduct a thorough review of your case to determine whether another party may be legally liable for your damages. Depending on the situation, you may be able to recover damages for your medical bills, lost wages, loss of future earnings, pain and suffering, and more.

Get the Personalized Care You Need

At the Law Office of Asaro & Associates, we have recovered millions of dollars on behalf of our clients in verdicts and settlements. We are committed to providing injury victims with the personalized care and attention you need to get a favorable outcome on your case. If you are injured in a staircase accident, you need experience you can trust.
Call our office today at (347) 231-5459 to request a case consultation. Our Bronx stairway accident lawyers have over 50 years of combined experience and can help you get the money you need to be made whole again.

slippery walkway

Injured After Slipping and Falling on Icy or Snowy Walkway? Here’s What to Do.

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Recovering Damages After a Slip and Fall on an Icy Walkway

In New York, property owners are required to maintain their premises in a reasonably safe condition; this includes during the winter months when snow and ice may make walkways extremely dangerous for pedestrians. When a property owner fails to maintain a sidewalk or walkway in a reasonably safe condition, they may be liable for injuries.

At the Law Office of Asaro & Associates, P.C., our attorneys help slip and fall injury victims obtain compensation from negligent property owners in the Bronx. If you have sustained injuries in a fall caused by an icy or snowy walkway, contact our office for a free consultation. Call (347) 231-5459 to speak with an experienced attorney today.

Who Is Responsible for Sidewalks in New York City?

According to the New York City Administrative Code, real property owners are responsible for maintaining any sidewalk abutting their property. Pursuant to §7-210, property owners may be held liable for failing to maintain their sidewalk in a “reasonably safe condition.” 

A property owner is responsible for the sidewalk abutting their property, including, but not limited to, “the intersection quadrant for corner property.” Under this code section, a property owner may be held liable for any personal injury approximately caused by their failure to maintain the sidewalk in a reasonably safe condition, including the negligent failure to remove snow or ice.

Who Is Responsible for Removing Snow and Ice from Sidewalks?

Under New York City Administrative Code § 16-123, property owners are responsible for the removal of snow, ice, and dirt on sidewalks adjoining their property. Specifically, the statute requires that “Every owner, lessee, tenant, occupant, or other person, having charge of any building or lot of ground in the city, abutting upon any street where the sidewalk is paved,” remove snow, ice, or dirt from their sidewalks.

The snow or ice must be removed from the sidewalk and gutter within four hours after the snow ceases to fall. However, the four-hour requirement does not apply to the hours of 9:00 pm to 7:00 am. 

How Do I Prove Who Was Responsible for My Injuries?

The best way to prove liability after you are injured is to contact an experienced slip and fall lawyer. A knowledgeable attorney will conduct a thorough investigation into your injuries to determine who was at fault and whether you have a valid claim for damages. Slip and falls caused by snow or ice on walkways fall under the category of premises liability.

To determine fault in a premises liability claim, you must consider:

  • Whether the property owner knew or should have known about the dangerous condition;
  • Whether the property owner knew about the dangerous condition and failed to remedy it timely;
  • When the inclement weather stopped and whether the snow or ice was removed within four hours;
  • Whether the property owner created the dangerous condition.

During winter weather, a property owner may create a hazardous condition by piling snow and leaving it overnight, causing it to harden, or by sweeping snow down a stairwell making it unreasonably slippery for pedestrians.

Are Property Owners Responsible for Removing Snow and Ice From Streets?

Unlike sidewalks, property owners are not required to remove snow and ice from the streets. According to New York City Administrative Code § 16-124, the commissioner is responsible for removing snow and ice from the streets and for keeping all streets “clean and free from obstruction.”

Therefore, if you are injured from a slip and fall on the street in front of a business, the property owner will not be held liable for your injuries.

What Kinds of Injuries Occur From Slip and Falls on Slippery Walkways?

Slip and falls lead to thousands of hospitalizations for serious injuries each year. Many of these are caused by ice, sleet, and snow. According to the U.S. Bureau of Labor Statistics, there were over 20,000 ice, sleet, and snow-related injuries to full-time workers in a single year. Fourteen percent of these injuries occurred in the State of New York.

Common injuries from slip and falls due to ice and snow include:

  • Traumatic brain injury (TBI)
  • Broken bones
  • Lacerations
  • Strained muscles
  • Torn ligaments
  • Spinal cord injuries
  • Neck and back injuries

What Do I Do First If I Am Injured Because of Snow or Ice?

If you are injured because of a slippery walkway caused by the failure to remove snow and ice, you might be entitled to compensation from the property owner or their insurance company. 

If you are injured in a slip and fall accident, you should always:

  • Seek medical attention immediately. Keep track of all of your medical bills and present them to your attorney.
  • Obtain witness information. If anyone witnessed your fall, ask for their name, and contact information. Many times there may be an employee or adjoining property owner that can provide testimony regarding your injuries.
  • Report your fall to the property owner or business manager. Make documentation about your injuries.
  • Preserve evidence. If you are able to take pictures of the sidewalk or walkway. 
  • Contact an attorney. Call our office at (347) 231-5459 for a free consultation.

Contact the Law Firm of Asaro & Associates for the Help You Need

If you have been injured because of a property owner’s failure to remove ice or snow from a sidewalk or walkway, you might be entitled to compensation for your damages. Our attorneys have recovered millions in settlements and verdicts on behalf of injury victims in the Bronx. We have over 50 years of combined experience and will fight to get you the recovery you deserve.

Call our office at (347) 231-5459 or fill out our online contact form to request a case consultation. When you retain our services, you pay nothing unless we win. Let us help you get the maximum recovery available in your case. Do not settle for less. Call today and get the personalized care and attention you need.