Can You Sue for Falling Down Stairs in NY?

To succeed under New York premises liability law, you must show that the property owner knew or should have known about a dangerous stair condition—such as a broken step, missing handrail, poor lighting, or wet surface—and failed to fix it. You must also show that the hazard directly caused your fall and resulting injuries. Comparative negligence applies, meaning your recovery may be reduced if you share some fault.

Depending on where you fell, you may have claims against a building owner, landlord, property management company, business operator, or a government entity. New York’s Multiple Dwelling Law and Building Code impose specific duties on property owners to maintain safe stairs. If a government-owned property is involved, special notice-of-claim rules apply and deadlines are much shorter—often 90 days.

Under CPLR §214, most stair-fall injury claims in New York must be filed within 3 years of the date of the accident. However, if the responsible party is a municipal or government entity, you must file a Notice of Claim within 90 days and then commence suit within 1 year and 90 days. Missing these deadlines typically bars recovery entirely, so contact an attorney immediately.

Report the fall to the property owner or manager in writing and get a copy of any incident report. Photograph the hazardous condition, your injuries, and the scene from multiple angles. Seek medical treatment right away—both for your health and to document the link between the fall and your injuries. Preserve any footwear you were wearing, collect witness contact information, and consult a NY personal injury attorney before giving any statements to an insurer.