I had built a small deck put 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?
You stated that this was a small deck behind your home, so I am assuming that this is a private house, therefore none of the laws applicable to the multiple dwellings would apply. But there are two considerations for your project.
New York Building Code
You need to follow the Building Code. The Building Code is used as a standard for building practices promoting safety. Violation of the Building Code is evidence of negligence. Elliott v New York, 95 NY2d 730, 724 NYS2d 397 (2001).
According to the Building Code “handrails shall be provided on not less than one side of each continuous run of treads or flight with four or more risers.” And “on not less than one side of ramps exceeding a slope of one unit vertical in 12 units horizontal.” Sections R311.7.8 and R311.8.3 of the 2015 IRC The handrail shall be mounted at a height of 34 to 38 inches “measured vertically from the sloped plane adjoining the tread nosing.” (See Section R311.7.8.1).
Thus, depending on the number of steps (or ramp steepness), you may need a handrail.
Custom and Practice
In a prior post regarding outdoor playground equipment, I discussed evidence of custom and practice. Although not dispositive of negligence, non-compliance with customary or industry practices constitutes some evidence of negligence. Miner v Long Island Lighting Co., 40 NY2d 372, 386 NYS2d 842 (1976).
This means that even if you comply with Building Codes, you might still be liable for an accident if the injured party can produce an expert who can testify that custom and practice in the construction industry is actually higher than the prescriptions set out in the Building Code.
So for this particular case, suppose you only have three stairs. According to the Building Code cited, you only need a handrail for four stairs or more. However, if a building expert testifies you should have a handrail for three stairs because that is the prevalent safety standard in the construction industry, then you still could be found negligent and liable for the accident.
By James Santner, Esq.
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