Slip-and-fall accidents are common in New York City, typically involving property owners and managers who fail to maintain their premises and adjacent walkways so as to protect visitors from known safety hazards. But in addition, the New York City Building Code imposes specific duties on property owners to ensure safe conditions for tenants, visitors and workers. When owners fail to comply and someone is injured as a result, the violation alone can serve as evidence of negligence in a personal-injury case.
Many slip-and-fall cases involve defective stairways, insufficient lighting, missing or loose handrails and uneven walking surfaces. These hazards are often tied directly to Building-Code provisions. For example:
- Stairways must meet specific height and depth requirements and handrails must be securely installed at proper heights.
- Hallways, stairwells and entryways must be adequately illuminated to avoid the risk of falls.
- Property owners must maintain safe walking surfaces and avoid excessive height differences between tiles or damaged concrete.
A critical element of any slip and fall claim is that a property owner or manager had notice of a dangerous condition, either because they were directly informed or because the condition existed long enough that they should have discovered it through reasonable inspection.
But when Building Code rules are violated, the property owner may be liable regardless of whether they had actual notice of the hazard. Rather than relying solely on the general duty of reasonable care, a plaintiff who can point to a specific code violation has a concrete and objective benchmark against which the property owner’s negligence can be measured.
In addition to the NYC Building Code, the New York State Multiple Dwelling Law imposes additional obligations on landlords of residential buildings with three or more units, requiring them to keep common areas in good repair and free from hazards. Landlords who receive notice of conditions in need of repair and fail to make repairs on a timely basis face liability exposure if someone is hurt.
If you are hurt on someone else’s property, an experienced New York slip and fall attorney can help you gather evidence to show an existing defect caused your accident, identify applicable Building Code and statute violations and pursue the compensation you need and deserve. In addition, an attorney can retain a qualified building safety expert to examine the premises and provide an opinion about the perilousness of the condition in question and how long it likely existed and went unattended.
Rich & Rich, P.C. represents victims of slip and fall accidents throughout the Greater New York area and Long Island. We have offices in midtown Manhattan and Roslyn Heights. Call us at 212-407-5570 or contact us online to schedule your free consultation.