I fell down steps while walking to the first floor. I had tripped near the top of the steps, but there were handrails on only one side. Since I fell on the side of the stairs where there was no handrail, I couldn’t break my fall. I tumbled to the bottom of the staircase. Can I sue my landlord?
Falling down a flight of stairs in an apartment building can cause devastating injuries, from severe fractures to spinal trauma and traumatic brain injuries. When a tenant or visitor suffers a missing handrail apartment injury, the landlord is legally responsible for the damages.
Under New York law, landlords are bound by strict statutory duties and common-law standards of care regarding common stairways. A landlord who fails to maintain safe, functional stair handrails can be held liable for injuries caused by that neglect.
Landlord Control Over Common Stairways
A landlord owes a duty of reasonable care to keep in safe condition those portions of the premises over which they retain control. This duty applies to areas which tenants or foreseeable visitors are permitted to use.
New York courts consistently hold that common stairways—both interior and exterior—are areas over which the landlord retains possession and control. Cook v. Rezende, 32 N.Y.2d 596 (1973).
The Second Department Standard on Control
In Staten Island and throughout the Second Department (Brooklyn and Queens also), the legal test for landlord “control” focuses specifically on whether the landlord has the ability to remedy dangerous conditions. Alnashmi v. Certified Analytical Group, Inc., 89 A.D.3d 10 (2d Dept 2011). Because landlords of multi-family buildings retain access to common stairwells to make repairs, they maintain control. Thus, they cannot disclaim liability for unsafe handrail conditions.
Missing Handrail Apartment Injury Standards: Multiple Dwelling Law section 52
In addition to common-law duties, landlords of buildings with three or more residential units are bound by New York Multiple Dwelling Law (MDL) § 78. This law imposes a non-delegable duty to keep every part of the building and its common areas in good repair.
When it comes to stairwells, MDL § 52 establishes precise statutory mandates:
- Mandatory Handrails on Both Sides. Every staircase wider than 3 feet 8 inches (44 inches) in a multiple dwelling must have handrails installed on both sides of the stairs.
- Height Requirements. Handrails must be securely positioned between 2 feet 6 inches and 2 feet 8 inches (30 to 32 inches) above the tread nosing.
- Defective or Loose Rails. MDL § 52 applies equally to missing handrails and handrails that are splintered, loose, or improperly anchored.
If a building staircase exceeds 3 feet 8 inches in width and lacks a handrail on one side, or if the existing handrail is structurally defective, the landlord is in direct violation of state safety statutes.
Proving Proximate Cause: The “Preventing the Fall” Rule
Landlords and their insurance carriers frequently deny liability by claiming that a missing or defective handrail did not cause the initial trip or loss of balance.
Under New York appellate law, a plaintiff is not required to prove that the handrail caused them to slip. Instead, the plaintiff must show that the absence or defect of the handrail was a proximate cause of the injury because it deprived them of the ability to grab a rail and break their fall. Martinez v. Melendez, 32 A.D.3d 999 (2d Dept 2006).
Notice and Landlord Liability
To recover damages under MDL § 78, a plaintiff must show that the landlord had notice of the defect—or created it:
- Created Conditions. If the landlord or their contractor improperly constructed, removed, or defectively repaired a handrail, notice is established automatically. Reynolds v. Sead Development Group, 257 A.D.2d 940 (3d Dept 1999).
- Actual Notice. The landlord was explicitly notified of the missing or broken handrail through tenant complaints or inspection records.
- Constructive Notice. The defect existed for a sufficient length of time prior to the accident that the landlord, in exercising reasonable care, should have discovered and fixed it. Batton v. Elghanayan, 43 N.Y.2d 898 (1978). Furthermore, under long-standing New York law, notice of a defect in one part of an appurtenance imposes a duty to inspect the entire structure. Lo Jacono v. Schieder, 281 App. Div. 799 (4th Dept 1953).
Injured on an Apartment Stairwell?
If you tripped or lost your footing on an apartment building staircase and suffered severe injuries because a handrail was missing or broke when you tried to grab it, you have rights under New York law.
Related Legal Resources. Landlord liability extends beyond stairways. For a detailed breakdown of notice requirements, sidewalk liability under NYC Admin Code § 7-210, and municipal claims, explore our comprehensive Staten Island Trip and Fall Lawyer Guide.
By James Santner, Esq.
For a free, no-obligation consultation regarding a stair accident or landlord negligence claim, contact Minchew & Santner, LLP at (718) 727-7700. You pay no fee unless we win compensation for you.