In stair accidents, the burden of proof to collect damages rests with the injured party

New York City is a “vertical” city, known for its multi-story buildings throughout many commercial and residential areas.  But when you have tall buildings, you also have stairs.  And when you have stairs, sooner or later, people are going to fall down those stairs.  Injuries that come about as a result of those falls can result in scrapes, bruises, broken bones, life-threatening injuries, and in some cases, death.

When a fall down a flight of stairs is the result of poor lighting, wet floors, poor construction, poorly maintained stairs and handrails or a number of other defects or dangerous conditions, a victim may be able to recover damages due to the negligence of property or business owner.

A property owner has a legal obligation to keep their property, including stairs, in good working condition for anyone who is invited onto the property.  A landlord must have safe stairs for a renter to reach their unit.  A commercial building owner must maintain working order stair conditions so that clients and customers can move about safely.  And even government buildings must make sure access is clean, safe, well-lit and dry to avoid nasty tumbles from taking place.

While a property owner may be held liable, if they can show they used reasonable care in maintaining their stairways and other hazards on their property, it may meet the standard of an appropriate defense.  Ultimately, it is the injured party who has the burden of proof and must be able to show that a property owner had knowledge of the defect on their property and that they failed to take appropriate steps to mitigate the situation.