Do I Have a Claim After an Apartment Stairway Slip?

You may navigate up and down flights of stairs constantly every day, especially those in your apartment complex. With this being such a routine habit, you may be completely startled on the day that you have a slip and fall accident while using the stairs. You may not have carried yourself any differently that day, so you may presume that the premises were hazardous at the hands of a negligent landlord. Well, for this, please read on to discover whether you have a valid legal claim after an apartment stairway slip and how a seasoned Passaic County stairway accident lawyer at the Law Offices of August R. Soltis can help you see this through.

Do I have a claim after an apartment stairway slip?

For starters, you cannot sue over your stairway slip and fall if, for example, you missed a step out of sheer clumsiness, by being distracted on your phone, or any other mishap on your end. However, if you believe a potentially hazardous condition existed on the stairway, you may proceed with a premises liability claim against your apartment complex’s landlord.

Here, you must argue that a landlord knew or should have reasonably known about a hazard but failed to address it promptly. You must also demonstrate that the existence of this hazard was beyond your knowledge or otherwise unavoidable. Examples of valid hazards may include a loose handrail, loose carpeting on a step, slippery contents on a step, dim overhead lighting, etc.

Can I still sue if an elevator was available to use?

You can bet that your apartment complex’s landlord will do everything in their power to get the blame off of them for your stairway slip and fall accident. One argument they may reach for is stating that a safe elevator was available for you to use at the time. Well, please do not let this claim deter you from moving forward, as it does not automatically bar your claim.

The fact of the matter is that residents are permitted to use any common area within the apartment complex, including the stairways. This is regardless of whether other exit routes are at their disposal, as taking the stairs is a normal and foreseeable action. In the end, a landlord is liable for keeping all fixtures and facilities safe and well-maintained in case they are ever used.

Here, you must establish that you did not choose to take the stairs with the knowledge that it was the more dangerous option. That is, you must demonstrate that there was no warning signage or barriers at the stairway entrance, and that the hazard that caused your accident was not visible to the naked eye.

If this is what you are currently up against, do not try to execute this lawsuit without the legal assistance of a competent Passaic County slip and fall lawyer from the Law Offices of August R. Soltis. We urge you to retain our services as soon as possible.