Apartment building stairways cause more injuries than most people realize. You’re just going about your day, heading to your unit or taking out the trash, and suddenly you’re falling. These accidents happen fast, but the consequences can last months or even years.
When you rent an apartment in Buffalo, you shouldn’t have to worry about whether the stairs are safe. That’s your landlord’s job. They own the property, collect the rent, and they’re legally responsible for maintaining common areas where tenants walk every day.
What Landlords Must Provide
New York law doesn’t give property owners much wiggle room here. They’ve got to keep their buildings reasonably safe. Stairways fall squarely within that responsibility. A Buffalo slip and fall lawyer sees certain problems pop up again and again:
- Adequate lighting in stairwells and on landings
- Secure handrails are installed on both sides
- Stable stair treads without cracks or deterioration
- Carpeting that’s firmly attached and not bunching up
- Clear walkways without stored junk or obstacles
- Quick repairs when tenants report hazards
These aren’t optional extras. They’re basic safety requirements. But here’s what happens in the real world. Landlords cut corners. They ignore maintenance requests. A light bulb burns out and stays that way for weeks. Maybe months. That missing handrail never gets fixed because repairs cost money. Suddenly, what seemed like a small issue becomes dangerous. You can’t see that uneven step in dim lighting. Without a handrail, there’s nothing to grab when you lose your balance.
Actual Notice Vs Constructive Notice
Property owners can be held accountable in two ways. Either they knew about a dangerous condition, or they should’ve known about it. There’s a legal distinction that matters quite a bit.
Actual notice is straightforward. You sent your landlord a written complaint about loose carpeting on the stairs. They received it, but they didn’t take action, and then someone falls. That’s an actual notice.
Constructive notice is trickier but just as important. Let’s say carpeting has been worn down and fraying for six months. A reasonably attentive landlord doing regular inspections would’ve spotted that problem. They don’t get to claim ignorance just because no tenant specifically complained.
Documentation becomes absolutely vital in these situations. Take photos of the hazard. Keep copies of every maintenance request you’ve submitted. Get names and contact information from anyone who saw what happened. A Buffalo slip and fall lawyer can use these details to build your case piece by piece.
Building Code Violations
New York State has specific regulations governing how stairways must be built and maintained. These aren’t suggestions, they’re mandatory standards. Handrails need to meet certain height requirements and provide a secure grip. Stair risers must have consistent measurements because unexpected height changes cause people to trip. Lighting has to provide adequate visibility throughout the entire stairwell, not just in some spots.
When building inspectors find code violations, that’s documented proof that the property failed basic safety standards. The New York State Residential Code lays out these minimum requirements for all residential properties across the state. Code violations strengthen your position significantly. They show the landlord wasn’t just careless. They were operating a property that didn’t meet legal standards.
Steps After A Stairway Fall
You’ve fallen. Now what? Get medical attention immediately. Don’t convince yourself you’re fine. Some injuries don’t show symptoms right away, and delaying treatment can hurt both your health and your legal case.
Report the incident to your landlord in writing. Not a phone call. Not a casual mention in the hallway. Write it down. This creates a record of when the fall occurred and what conditions existed at that moment. Take photographs of everything. The specific hazard that caused your fall. The surrounding area. The lighting conditions. Get contact information from anyone who witnessed the accident. Memories fade, but documentation doesn’t. Keep every single piece of paper related to your injury. Medical records, bills, prescription receipts, and documentation of missed work. All of it supports your compensation claim.
Your Right To Fair Compensation
Hurwitz, Whitcher & Molloy understands what apartment building accidents mean for Buffalo residents. We’ve seen how these falls disrupt lives. Property owners must maintain safe premises, and when they don’t, people get hurt. Your housing situation shouldn’t stop you from seeking justice. Landlords can’t legally retaliate against tenants who file legitimate injury claims. We can explain your options and help you figure out the best path forward based on your specific circumstances. Taking action protects your interests and might prevent future injuries to other residents in your building.