Broken Step Accident Lawyers in Rochester, NY
Slip and fall accidents on broken steps leave victims with serious injuries, impacting not only their physical health but also their emotional and financial well-being. Rochester has a mix of aging infrastructure, and the harsh yearly winters make defective stairs a recurring safety issue. The Rochester injury attorneys at Horn Wright, LLP, are dedicated to helping victims of slip and fall accidents on broken stairs by holding negligent landowners responsible.
Factors Contributing to Stair-Related Injuries
Stairs and steps can break for all types of reasons, but some of the more common conditions that lead to stair-related accidents include:
- Aging Infrastructure: Older buildings in Rochester neighborhoods like the South Wedge or Highland Park have stairs that are cracked, rotting, or have uneven surfaces. Conditions like these worsen over time without proper repairs, creating a dangerous and defective condition for unsuspecting tenants and visitors.
- Winter Conditions: Winters in western New York bring snow, ice, and freezing temperatures. This precipitation can hide defects in stairs and make them slippery to negotiate. In the absence of proper snow and ice removal, and repair of the underlying defect, these winter conditions drastically increase the likelihood of a slip and fall.
- Poor Lighting and Maintenance: Inadequate or poor lighting on staircases, loose railings, or debris on steps also increase the likelihood of falls. These types of defects are common in apartment building shared spaces or older commercial properties, and make the presence of a broken stair or step that much more dangerous.
Addressing broken stairs, and the other conditions that make broken stairs worse, isn’t just a best practice, it’s a legal requirement. Landowners who neglect stair maintenance run the risk of violating local Rochester City Code and New York law, exposing them to civil liability.
Do Rochester Landlords Have to Fix Broken Stairs?
As a general rule, landlords in Rochester are legally obligated to maintain safe staircases and common areas. If they fail to uphold their responsibilities as landowners, it can result in fines and civil liability. There are a few key points that landlord liability will depend on in each case.
- Landlord Obligations Under New York Law: According to New York Multiple Dwelling Law §78, landlords must keep common areas, including staircases, in a reasonably safe condition. This legal requirement applies to all rental properties, from historic buildings in the Neighborhood of the Arts to modern complexes around Irondequoit Bay.
- Municipal Codes and Timely Repairs: Rochester’s municipal codes supplement state laws by requiring property owners and landlords to promptly repair any dangerous or defective conditions reported by tenants within a reasonable period of time. A Rochester landlord who ignores tenant complaints or delays repairs can find themselves being cited for code violations or liable in a personal injury lawsuit.
- Neglected Complaints: If a tenant documents complaints about broken stairs with their landlord, and the landlord fails to act, their inaction in fixing the steps can form the basis to find them negligent. For example, if a tenant in a South Wedge apartment repeatedly reports cracked and broken steps to the landlord, and those repairs are never made, the written complaints to the landlord can be used to establish negligence.
The slip and fall lawyers at Horn Wright, LLP, know what laws to rely on to hold negligent landlords accountable. By preserving evidence such as tenant complaints and prior code violations, we build the strongest case possible for our injured clients.
Steps You Should Take After Falling on Broken Stairs in Rochester
Recovering from severe injuries after a slip and fall can be an uphill battle, but the steps you take right after your fall will weigh heavily on your ability to recover. Right after your fall there are a few important things you’ll want to do so your rights are protected:
- Seek Medical Attention: Making sure to get medical treatment right away not only assures your injuries don’t get worse, but it also makes an official record of your injuries to prove your slip and fall accident was the cause. Medical records are relied on throughout a personal injury case to establish the nature and severity of your injuries.
- Document the Scene: Securing photos of the defective and broken stairs, surrounding conditions (e.g., if there was also poor lighting, snow, etc.), and the lack of any warning signs will help support your case for negligence down the road.
- Report the Incident: Notify the property owner or landlord immediately in writing if you’re able to, and after getting medical treatment. Keeping a copy of your correspondence to anyone you notify.
- Consult an Attorney: Retaining an experienced premises liability attorney is a must in order to successfully navigate the legal system. Our seasoned attorneys at Horn Wright, LLP, specialize in slip and fall cases caused by broken stairs, and are ready to guide you every step of the way.
What Compensation Can You Recover in a Rochester Broken Stair Accident?
Victims of falling on stairs from broken steps face significant challenges, ranging from the physical pain of their injuries to the financial stress of medical bills and lost wages. The good part is that victims can pursue compensation through a personal injury lawsuit to recover nearly all of their losses against the negligent landlord or landowner that was responsible for their fall.
- Medical Expenses: Slip and fall victims can recover for expenses related to emergency care, surgeries, physical therapy, medication, and any assistive devices needed for recovery. Future medical expenses for severe injuries, such as disc herniations or fractures, can require long-term care that can be recovered in a personal injury lawsuit.
- Lost Wages and Reduced Earning Capacity: If your injuries prevent you from working, you can also recover your lost wages. If you suffered injuries that permanently impact your ability to work, or prevent you from working in your same capacity, compensation can also include future lost earnings or diminished earnings capacity.
- Pain and Suffering: Non-economic damages will compensate you for the physical pain and suffering caused by the accident and your injuries. Pain and suffering recognizes your suffering and the loss of enjoyment of life.
- Additional Expenses: Victims of slip and fall accidents can also recover costs for transportation to medical appointments, home modifications (e.g., installing ramps), or hiring help for household tasks during recovery.
In a situation where a tenant was injured after falling on broken stairs in their Monroe Avenue apartment, they could be facing in excess of $50,000 in medical expenses and lost wages. Our skilled attorneys at Horn Wright, LLP, would capture the full value of these losses, along with your pain and suffering, to pursue a settlement or verdict on your behalf to make you whole.
What Tenants Should Know About Falling on Apartment Stairs in Rochester
Rochester tenants who are injured on dangerous or defective stairs face particular challenges when pursuing compensation for their injuries and damages. Knowing what rights you have against the negligent landowner are important, so you can begin taking affirmative steps to preserve evidence you’ll later need in your personal injury case.
- Landlord Accountability: Landlords must maintain their premises in a reasonably safe condition. If you, as the tenant, reported a broken step and your landlord failed to make necessary repairs in a reasonable period of time, that can form the basis for negligence in holding them liable for your injuries and damages.
- Proactive Documentation: Keep detailed records of any complaints you’ve made to your landlord about broken steps, or other dangerous and defective conditions. Save photos, emails, text messages, and if you’ve been copied on any correspondence from the City of Rochester on code violations.
- Legal Guidance: Premises liability cases involving tenant injuries can be complicated when pursuing recovery from a landlord or property owner. These cases become even more complex when multiple parties are involved. An attorney with experience handling slip and fall cases caused by broken steps will know the best path towards securing compensation for all of your losses.
Let Horn Wright, LLP Fight for Your Rights After a Slip and Fall
If you’ve been injured in a fall caused by broken steps, you don’t have to try and face the uphill fight for compensation alone. The Rochester broken step accident lawyers at Horn Wright, LLP, are dedicated to holding landowners responsible for their negligence, and making sure our clients receive compensation the deserve for their injuries and damages.
Contact us today for a free consultation and let us help you secure justice.
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