Defective Handrail Accident Lawyers in Rochester, NY
Trip and falls on stairs can be some of the most devastating types of injury accidents, often leading to serious, permanent effects. Loose, broken, or otherwise defective handrails can exacerbate falls on stairs, turning potentially mild falls into significant cases. Falls on stairs involving a loose or broken handrail are usually caused by negligence from the landowner who failed to keep their premises in a safe condition. Fall victims are left to deal with significant medical expenses, lost wages, and painful injuries that could’ve been avoided.
The premises liability lawyers at Horn Wright, LLP, know how to aggressively represent victims of staircase falls. Whether the fall happened at a private residence, commercial property, or public venue, our experienced attorneys know how to navigate the nuances of premises liability law. Horn Wright, LLP, is prepared to hold the negligent property owners that caused your injuries accountable.
Suffering from a handrail injury in Rochester, NY? Let us help. Schedule a free consultation.
How Do Defective Railings Cause Staircase Falls?
Loose railings are one of the leading causes of staircase falls. Negligence from poor installation, lack of upkeep, or building code violations are usually the root cause. These issues are common in older neighborhoods like Corn Hill and Maplewood where aging buildings are prevalent.
- Improper Installation: Railings not securely fastened during construction or renovation can loosen over time. Improper materials or inadequate attachment methods can cause the handrails to become unstable, especially in high-traffic areas where it’s used often.
- Neglected Maintenance: Over time, environmental wear (e.g., rust, moisture, weather) can weaken railings. Landowners who delay or ignore necessary repairs put people at risk of injury.
- Building Code Non-Compliance: New York State Building Code, the relevant portion of the International Building Code, and Rochester’s municipal codes require strict standards for a handrail’s height, strength, and durability. Code violations are prime targets for the cause of a staircase fall.
Knowing how defective railings cause victims to fall on stairs helps to make better decisions after an accident. Being aware of them before a fall can hopefully enable you to avoid them, or even take action by giving the landowner notice.
Legal Obligations of Rochester Landowners
New York landowners must maintain their premises in a reasonably safe condition. This includes making sure stairs and railings are secure and compliant with all relevant building codes. Failing to meet these obligations under the law can result in liability if someone is injured.
- Regular Inspections: Property owners must routinely inspect their stairs and railings, focusing on stability, rust, and other visible signs of damage that would be discoverable during a reasonable inspection. For landlords, this also includes responding to tenant-reported complaints for repairs in a timely manner.
- Timely Repairs: When problems are identified, landowners have to make necessary repairs within a reasonable period of time. Delays fixing loose railings, especially in areas where there’s a lot of foot traffic, e.g., stairwells or commercial buildings, increases the likelihood of an accident.
- Code Compliance: Landowners in Rochester are required to comply with the relevant building codes and standards for their railings, including their height, length, width and other specifics. Failing to comply with a code provision for a handrail is a strong indication of landowner negligence if someone is injured.
Best Evidence to Prove a Rochester Staircase Accident
If you’ve been injured in Rochester from a loose or broken railing on a staircase, gathering evidence as soon as your able to is important to preserving a potential personal injury claim. Preserving the right evidence will prove the landowner’s negligence in causing your injuries, and it’ll also strengthen your ability to recover for your injuries and damages.
- Photos: Get clear pictures of the handrail, staircase, and any visible hazards in the area where your fall happened. Capturing images of poor lighting, cluttered stairs, or broken parts on the stairs or handrails can help strengthen your claim.
- Witnesses: If someone saw your fall or was familiar with the defective handrail before your fall, getting their testimony can be a serious addition to building your case. A neighbor, co-worker, or even someone that was just walking by might be able to provide confirmation that the railing was defective for an unreasonable period of time.
- Medical Records: Getting medical treatment right after your fall is important to recover from your injuries, and to establish a link between your injuries and the fall itself. Keep copies of all the medical records and bills you receive after your fall.
- Incident Reports: If your fall on a stairway happened in a public or commercial location, try as much as possible to give notice to a manager or the landowner right after your fall. Having an official report created helps document the date and time of your fall, and any other important details.
An experienced staircase accident attorney at Horn Wright, LLP, will know immediately what evidence to secure, such as maintenance logs, building code violations, and other important proofs. Our attorneys act immediately to collect and organize evidence to build the strongest personal injury case possible for you.
Common Injuries from Loose or Broken Handrails
Staircase falls caused by loose or broken railings can result in severe injuries that require both emergency treatments, but also long-term care. Handrail fall injuries often fall into a few main categories, a result of the way the falls themselves happen.
- Fractures: Falls on stairs from defective handrails often cause broken bones, particularly in the wrists, arms, or hips, as victims instinctively brace themselves as they’re falling down the stairs.
- Spine Injuries: Tumbling down a flight of stairs can lead to damage in the vertebrae or spinal cord from the sharp and hard segments of the stairs. Victims can sustain serious spine injuries and even paralysis.
- Brain Injuries: Head trauma from a staircase fall can result in concussion, hematoma, or severe brain injuries. These can leave victims with cognitive and physical limitations.
Victims who fall on stairs because of a defective or loose handrail often have to undergo expensive medical treatments, including surgery, chiropractic, and pain management treatment. Injuries can further cause damage by preventing victims from returning to work, or completing their activities of daily living.
Filing a Personal Injury Claim for a Handrail Accident in NY
Filing a personal injury lawsuit in Monroe County Supreme Court is one way victims can recover for their injuries and damages. Success will depend on hiring an experienced attorney familiar with the relevant laws. When filing a personal injury lawsuit there are a few key steps involved:
- Establishing Negligence: Your personal injury attorney needs to show that the property owner failed to address unsafe conditions, such as loose railings, and that this negligence directly caused your injuries. Evidence like prior complaints about the handrail or inspection failures strengthens your case.
- Calculating Damages: Compensation in a handrail accident case usually includes medical expenses, lost wages, and rehabilitation costs. Non-economic damages, such as pain and suffering, are also factored in.
- Negotiating Settlements: Property owners and their insurers may attempt to minimize payouts. Hiring a knowledgeable and aggressive attorney to represent you assures your interests are protected and that you receive a fair settlement.
- Litigation When Necessary: If negotiations fail, your attorney can file a lawsuit in Monroe County Supreme Court and advocate for you.
Hire Horn Wright, LLP, to Protect Your Rights After a Handrail Accident
When a staircase fall impacts your life you need the team of experienced attorneys at Horn Wright, LLP to fight for your rights. We understand the nuances of premises liability law in Rochester, including local building codes and specific hazards unique to the western New York.
The team of injury attorneys at Horn Wright, LLP, provide guidance and support while aggressively pursuing justice on your behalf. From negotiating with insurance companies to representing you in Monroe County Supreme Court, we are committed to securing the compensation you need to recover fully.
Contact Horn Wright, LLP, today to discuss your staircase fall injury case in a free consultation.
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