Stairway Accidents

What Is a Stairway or Stairwell Accident?

Accidents on stairs or in stairwells typically involve falling down the stairs. A loss of balance on a stairway is most likely to bring about a fall. There are many different reasons for falls. ⁽¹⁾

Most of the time when you fall down the stairs, the result is you get badly hurt. Serious injuries can require you going to the hospital and needing surgery. Or maybe even a loved one dying.

“Stairs are a common source of injury among individuals of all ages and the frequency and rate of stair-related injuries are increasing,” say researchers. ⁽²⁾

Data analysis indicates “An estimated 24,760,843 patients were treated in emergency departments for a stair-related injury during the 23-year study period, averaging 1,076,558 patients annually, or 37.8 injuries per 10,000 United States residents.” The researchers continue, “the majority (67.2%) of emergency department visits for stair-related injuries was by individuals 11–60 years old,” even though young children and elderly people make up the highest rates of stair-related injuries. ⁽³⁾

In 2024, 69% of injuries in “home, structures and construction” are on stairs, ramps, landings, and floors. Of the 3,101,789 people treated in hospital emergency rooms for this category, 715,525 died. In the age group 25-64 there were 1,018,670 people injured. “Adults 65 or older, as well as children younger than 5, have the highest injury rates.” ⁽⁴⁾

Causes of Stairway Accidents

There are many reasons you might suffer from a stairway accident. Common causes of stairway accidents include:

• Defects in the stairs — Defective stairs are not ergonomically designed. Defective stairs may have narrow treads, lack sufficient headroom, have an improper slope, or include risers of uneven height. ⁽⁵⁾
• Improper or inferior lighting — When “lighting is poor, shadows are numerous, or the corridor leading to the stairs is dark,” the stairs can be hazardous. ⁽⁶⁾ Visibility issues cause mishaps due to misjudgment of distances. ⁽⁷⁾
• Dangerous stair risers — Stair riser heights and tread depths must be “uniform” and risers must “Have a maximum riser height of 9.5 inches (24 cm),” says the Occupational Safety and Health Administration (OSHA). ⁽⁸⁾ New York State Building Standards and Codes sets residential stair riser heights at “not more than 8-1/4 inches” in 2017. ⁽⁹⁾
• Damaged or faulty steps — The “tread” is the part of the stairs your foot rests on as you climb or descend. ⁽¹⁰⁾ If the tread is cracked, worn, loose, uneven, or poorly supported it can pose a hazard. ⁽¹¹⁾
• Defective railings or handrails — Cracked, broken, or wobbly handrails do not meet standards set by the New York. ⁽¹²⁾ Additionally, strict requirements exist for protective railings to be installed in stairways during construction. ⁽¹³⁾
• Leaving slick or slippery surfaces on the stairs — Waxed floors, or ice and snow, can cause steps to become slick. They can lead to trips, slips, and falls. ⁽¹⁴⁾ Stairs should be kept free of spills, wet spots, and debris at all times. ⁽¹⁵⁾
• Distractions — While using stairs, the behavior of others around you could result in your being knocked down and injured. They could fall if they are reading, talking on a cell phone, chatting with companions, carrying large items, or not holding onto handrails. If they do, they can knock into you, causing you to also fall. This is especially true if you are on public staircases or escalators, especially in subways.

“Far too many people are hurt and lives lost due to stairway falls,” says the founder of the National Floor Safety Institute (NFSI). ⁽¹⁶⁾ 

With respect to stairway accidents, design practices for stairs cannot be overlooked. Design flaws, code compliance issues, or other factors can lead to accidents. ⁽¹⁷⁾

No matter the design, stair accidents result in many types of serious injuries.

Types of Injuries in Stairway Accidents

Here are some of the serious injuries resulting from stairway accidents:

• Spinal cord damage — This damage results from injury to the spinal cord or the bones that surround it, known as vertebrae. It also includes damage to the nerves at the end of the spinal cord, says the Mayo Clinic. ⁽¹⁸⁾ Severe injury can result in paralysis, either complete or incomplete. ⁽¹⁹⁾
• Injury to the brain and head — Traumatic brain injury (TBI) is the most common brain and head injury from falls. ⁽²⁰⁾ The Centers for Disease Control and Prevention (CDC) reports there were more than 69,000 TBI-related deaths in just one year. ⁽²¹⁾
• Injuries to the back or neck — Falls are a common cause of both back and neck injury. Herniated disks and fractured vertebrae are among the possible results of falls. ^{(22) (23)}
• Broken bones/fractures — Bone fractures are frequently caused by trauma such as falls. Surgery may be required to repair some fractures. Braces, slings, splints, and casts are also used in treatment. ⁽²⁴⁾ 
• Internal bleeding — Bleeding is defined as “the loss of blood.” Internal bleeding is “when blood leaks from blood vessels or organs,” states the National Library of Medicine. ⁽²⁵⁾ Even when invisible to the naked eye, severe bleeding from the abdomen, neck, chest, groin, or pelvis can result in shock or death. In shock, the body is deprived of oxygen; 1 in 5 people who go into shock die. ⁽²⁶⁾
• Lower extremity injuries — These include dislocations or organ damage. Injuries of this type can result in amputations and arterial damage. One-third of lower extremity injury cases involve femoropopliteal artery injury (FPAI). One study found, “Despite the improvements in diagnostic tools, surgical techniques, and postoperative management, the limb salvage rate in FPAI is difficult to increase.” ⁽²⁷⁾
• Deep lacerations — Lacerations are cuts. Deep lacerations are open wounds with jagged tears penetrating the skin and potentially reaching muscles, nerves, and blood vessels. Surgical intervention may sometimes be necessary to repair deeper tissue damage. Complications of deep lacerations include tetanus, infection, bleeding, scarring, poor wound closure, and nerve damage. ^{(28) (29)}
• Sprains and strains — Known as soft-tissue injuries, sprains and strains can take a long time to heal. “Acute” injuries result from sudden trauma and can vary in severity. “A sprain is a stretch and/or tear of a ligament,” the connective tissue linking bone to bone. “Ligaments stabilize and support the body’s joints.” Separately, “A strain is an injury to a muscle and/or tendon. Tendons are fibrous cords of tissue that attach muscles to bone.” ⁽³⁰⁾

These injuries are painful, expensive to treat, can require long recovery times, and are often preventable.

Stairway Safety and Prevention

Stairway accidents are widespread. Federal, state, and local governments have put in place laws, regulations, and standards to help protect the public.

At the federal level, general requirements for all stairways in the workplace, are defined by the OSHA Standard Part 1910.25. There are only a few exceptions to this. ⁽³¹⁾

OSHA standards require handrails and guardrails, or both, to be provided on all stairways. Vertical clearance (headroom) must be at least 6 feet 8 inches. Stairs must have “uniform riser heights and tread depths between landings.” ⁽³²⁾

Additionally, stairway landings and platforms must be “at least the width of the stair and at least 30 inches (76 cm) in depth, as measured in the direction of travel.” ⁽³³⁾

Each stair must “support at least five times the normal anticipated live load, but never less than a concentrated load of 1,000 pounds (454 kg) applied at any point.” ⁽³⁴⁾

New York Stairs

New York regulations and general requirements dictate “During the construction of any reinforced concrete building or other structure, at least one stairway shall be installed which shall extend to a level not more than four floors or 60 feet, whichever is less, below the uppermost working floor or level.” ⁽³⁵⁾

New York’s standards and codes go on to establish residential riser heights at “not more than 8-1/4 inches” and tread depths cannot be “less than 9 inches.” ⁽³⁶⁾

Also, “Any temporary stairway shall not have a vertical rise of more than 12 feet between landings or floors.” ⁽³⁷⁾

Filing a Stairway Accident Lawsuit

If you have been hurt in a stairway accident, you need an experienced attorney. A personal injury attorney can help you determine if there has been any violation of these standards, codes, and regulations in your case.

After investigating your claims, your attorney files a lawsuit on your behalf. In your lawsuit, you are the plaintiff while the company you are suing is the defendant.

Your attorney files your lawsuit with the clerk of the court. The clerk then issues a summons and complaint to be served on the defendant. ⁽³⁸⁾

In New York, you must file your lawsuit in the county where either party lives. If no party lives in the city, the lawsuit may be filed in the county where either party works or does business. ⁽³⁹⁾

After the summons and complaint have been served, the defendant has approximately 20 days to respond. Once the defendant answers the summons and complaint, a court date is set. ⁽⁴⁰⁾

Establishing Negligence

To win your personal injury case in court, you must establish negligence. Negligence is a legal concept. A case of negligence shows the defendant did not behave with the “level of care” someone of “ordinary prudence” would have under similar circumstances. ⁽⁴¹⁾

Negligence cases are often detailed and complex. Experience in representing clients in these types of cases can prove invaluable to the outcome of your case. For the best possible outcome in your case, you need an experienced negligence attorney.

How W&L Can Help

Weitz & Luxenberg’s personal injury team is experienced with negligence cases in New York. Our attorneys have been helping clients hold those who harmed them accountable for close to 40 years.

Here are a few of the cases we have handled:

• Challenging negligence case gets multimillion dollar settlement for man with traumatic brain injury from second story walkway fall.
• High six figure settlement reached in airplane falling luggage case for passenger struck in the head.
• Compensation of $10 million for victim injured by faulty bungee cord brake system on zip line.