I had built a small deck on the back of my house. But I am not sure if I should install a handrail. I am concerned that if someone falls down my stairs that I will be sued. What is the applicable law?
If you are a homeowner wondering about the requirements for handrails on exterior stairs, New York law sets specific safety standards depending on your municipality.
I am assuming this is a private home, meaning specific laws governing multiple dwellings (like apartments or commercial properties) do not apply. However, there are two major legal considerations every homeowner should understand regarding outdoor steps and trip and fall liability in New York.
New York Building Code for Handrails on Exterior Stairs
New York landowners must adhere to applicable building codes, which establish safety standards for construction and property maintenance. Violating a municipal building code or administrative regulation constitutes “some evidence of negligence” for a jury to consider. Elliott v. New York, 95 NY2d 730, 724 NYS2d 397 (2001).
It does not automatically trigger strict liability, but if a visitor falls because a required handrail was missing, the code violation can be used to establish that the property owner failed to maintain a reasonably safe premises. Additionally, the injured party must prove that the missing handrail was a “substantial factor” in bringing about the fall.
According to the New York City Building Code, if you have more than one step, you need handrails on both sides. 2022 NYC Building Code § 1011.11. The height of the handrail must be between 34 and 38 inches high as measured from the nose of the tread.
If you are outside of New York City, under Section R311.7.8 of the New York State Uniform Code (incorporating the International Residential Code), handrails are generally required on “at least one side of any continuous run of steps with four or more risers.” Handrails must be mounted at a height between 34 and 38 inches measured vertically from the tread nosing.
Thus, depending on the number of steps (or ramp steepness), you may need a handrail.
Industry Custom and Practice for Exterior Stair Handrails
Complying with the minimum building code requirements does not automatically shield a homeowner from liability.
In New York personal injury actions, non-compliance with industry custom and practice constitutes evidence of negligence. Miner v. Long Island Lighting Co., 40 NY2d 372, 386 NYS2d 842 (1976).
Suppose your deck steps only have three risers. Under the state code provision cited above, a handrail may not be strictly mandated. However, if an injured party brings in a construction expert who testifies that industry custom or standard safety practices call for handrails on three-step exterior decks, a court or jury could still find the homeowner negligent.
Whether you are a homeowner wanting to reduce risk or someone who suffered injuries in a stairway fall, liability depends heavily on:
- The exact physical measurement and riser count of the steps.
- Local municipal codes (such as specific NYC Building Code regulations).
- Expert testimony regarding custom, practice, and maintenance.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.