A staircase that broke under you at a residential facility

Attorney Answer

A staircase that splits in half under ordinary use is close to the clearest premises claim there is. The two things that decide what happens next are who owns or runs the building, and how quickly you act.

Why this is a strong set of facts. Whoever owns or operates a building is responsible for keeping it reasonably safe, and a staircase that gives way while someone simply walks down it points straight at its condition and upkeep. The questions a claim will turn on are how long the staircase had been in that state, and whether anyone knew or should have known. Photographs and the facility's own records answer those, and both can disappear once the stairs are repaired.

Your own care is weighed, but it does not end the claim. New York divides responsibility under CPLR 1411(a):

Except as provided in subsection (b) of this section, in any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery. The amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.

Nothing you describe suggests carelessness on your part, but even if some were alleged, it would reduce a recovery rather than bar it.

If a city, a county or the State runs the facility, the first deadline is far shorter. Against a public corporation, General Municipal Law § 50-e(1)(a) requires a notice of claim:

the notice of claim shall comply with and be served in accordance with the provisions of this section within ninety days after the claim arises; except that in wrongful death actions, the ninety days shall run from the appointment of a representative of the decedent

and § 50-i(1)(c) then limits the lawsuit itself to one year and ninety days from the event, though a court can sometimes allow a late notice under § 50-e(5). A State-run facility is different again: the claim goes to the Court of Claims, and Court of Claims Act § 10(3) requires a claim, or a notice of intention to file one, within ninety days of accrual. Finding out who runs the facility is therefore the first fact to establish.

For a private owner or operator, CPLR 214(5) sets the ordinary period for a personal-injury action at three years. The difference between three years and ninety days is the reason to find out who runs the building before anything else.

What you can do

1. Photograph the staircase now, before it is repaired, along with your injuries.

2. Ask the facility for a copy of any incident report made about the fall, and note who you reported it to.

3. Keep the records of the treatment for your elbow and back, including the stitches.

4. Find out who owns and runs the facility — a private operator, or a city, county or State agency. A public operator means a ninety-day notice.

5. Consult a New York personal-injury attorney soon. Most will look at a matter like this at no cost.

⏱ Time limits apply. If a private owner or operator is responsible, CPLR 214(5) gives three years from the date of the fall. If the facility is run by a city, county or public authority, General Municipal Law § 50-e requires a notice of claim within ninety days, and a claim against the State goes to the Court of Claims under Court of Claims Act § 10 on its own ninety-day clock. Do not wait to work out which applies; take the date to a New York attorney now.

A New York attorney can look at the specifics quickly, and most offer a short first conversation at no cost. A few minutes on your actual facts is worth more than any general guidance, this page included.