Interior Stairways: Your Rights After a Fall Due to a NYC Code Violation
Losing your footing on a poorly maintained or improperly built stairway can cause serious injuries. In a city brimming with four-story walkups and towering skyscrapers, New York City sets strict safety standards for interior stairs in both residential properties and commercial businesses. The NYC Building Code requires steps, landings, handrails, and lighting to meet specific rules. For example, the code specifies maximum step heights and minimum tread depths, uniform step dimensions, and sturdy handrails.
If a building owner or manager fails to follow these rules – by installing steps that are too tall or shallow, omitting handrails, or leaving the stairwell dark – and you fall because of it, you may have legal grounds to seek compensation. Learn more below, and contact Leandros A. Vrionedes, P.C., for help after a fall from an experienced New York City stairway accident lawyer.
Stairway Safety Requirements (NYC Administrative Code §27-375)
NYC Building Code §27-375 lays out detailed requirements for interior stairs (stairs used as required exits). Among other things, it sets limits on riser height and tread depth. Specifically, the law requires that “the sum of two risers plus one tread, exclusive of the nosing, shall be not less than 24 nor more than 25½ inches.” In practical terms, this means the vertical rise (riser height) of each step is usually around 7–7½ inches when paired with a standard tread (depth) of about 10½–11 inches. Crucially, all steps in the same flight must be the same size: the code mandates that “riser height and tread width shall be constant in any flight of stairs from story to story.” A single irregular step – for example, one step is even slightly taller or shorter than the rest – violates the code. Uneven or excessively tall steps confuse people’s sense of stride and are a common cause of trips and falls.
The code also requires landings (flat platforms) at the top and bottom of each flight of stairs. These must be at least as wide as the stairs themselves (and at least 3 ft deep), ensuring safe areas to stand or turn. If a stair lacks a proper landing, it can create a dangerous abrupt transition or an extended climb beyond the allowed rise, increasing fall risk.
In addition, handrails and guards are strictly regulated. Every stairway must have handrails on at least one side (two sides if the stairs are wide). The rails must be placed so a person can grab them easily: the code specifies a 1½-inch clearance between the rail and the wall or post. The height of the handrail above the step (measured at the nosing) must be between 30 and 34 inches. In other words, rails must be neither too low nor too high. A missing rail (or a rail that is too short, wobbly, or spaced incorrectly) violates the building code. Without a properly placed rail, someone who stumbles on the stairs loses a vital support to catch themselves.
Construction materials and surfaces are also covered. Interior stairs must be solid and built of noncombustible or fire-protected materials. Importantly, treads and landings must be made of or surfaced with nonskid material. This means stairs should have traction (like textured concrete or striping) rather than polished smooth surfaces. Slippery marble or worn wood on a stair is not code-compliant and greatly increases the chance of a slip. Additionally, most interior stairs must have closed risers (no open gaps between steps), so that feet or debris cannot slip through.
In sum, an interior stairway that meets code will have even, moderate-height steps; handrails at the right height on each side; secure landings; and a non-slip surface. Violation of any of these rules—such as an overly tall riser, a shallow tread, no handrail, or a slick floor—creates a “defective condition” that can cause falls and injuries.
Common Code Violations and Fall Risks
When stairway code requirements are not met, accidents often follow. For example, improper riser height or tread depth is a frequent culprit in falls. If one step is higher than the others, a person unknowingly expects a smaller rise and can trip. Conversely, if a tread is too shallow, a foot may overshoot the step. The strict rule that 2 risers + 1 tread = 24–25½ inches exists because deviations lead directly to missteps. In practice, say a stairway was built with 8-inch risers and 9-inch treads; that sum (8+8+9=25) is just at the code maximum. But if another flight had 7-inch risers and 11-inch treads, a step might feel “longer” or “shorter” and throw off one’s stride. Any such irregularity is a code violation and is exactly the kind of defect that can send someone tumbling.
Handrail issues, meanwhile, can turn a minor slip into a serious injury. Imagine losing your balance on a stair and finding no rail to grab onto. NYC code requires rails on both sides of a wide stair and at least one side of narrower stairs. Also, if a rail is mounted too low (below 30 inches) or too high (above 34 inches), it may be out of reach or ineffective. A jury can easily conclude that a fall without a rail at hand was caused by this safety lapse. Even a railing that suddenly ends short of a landing (unless properly “returned” into the wall) violates the code and leaves a faller with no support at a crucial moment.
Another hazard is uneven or broken steps. If a stair’s material crumbles or one step tilts (not meeting the code’s construction standards), that is a breach of the requirement that stairs “shall be built of noncombustible materials” (or properly fire-protected if wood). Any loose, missing, or damaged tread is a code failure. For example, a cracked concrete step with a chunk missing is not a “nonskid” surface and is certainly not uniform. It’s an invitation to twist an ankle or fall, and legally a failure to maintain the stairs as required.
Perhaps the most obvious issue is poor lighting. Stairs must be easy to see. In many NYC buildings, landlords are legally required to keep stairways well-lit. The NYC Housing Maintenance Code (for multiple dwellings) states that every common stairway must have electric lights providing at least one foot-candle of illumination at floor level. That’s roughly the brightness of a 100-watt bulb. The law even requires owners to keep those stairway lights on day and night if there are no windows bringing in daylight. A burned-out bulb or missing fixture thus violates these requirements. In practice, dim or dark stairs hide hazards (like a dropped object, a slick spill, or an uneven step edge), and make any misstep far more likely.
Legal Liability for Stairway Falls in New York City
If a stairway defect injures you, the property owner (or their agent) can be held legally responsible under New York premises liability law. Owners and landlords have a duty to maintain safe conditions. A violation of a safety code is strong evidence that this duty was breached. In fact, New York courts recognize that breaking a law meant to protect people is “negligence per se.” In other words, if a statute or safety rule applies to a given situation, proof of the violation can automatically establish negligence. (Because NYC’s building code is local law, courts often treat a code violation as evidence of negligence rather than automatic negligence. But in practice it means a jury will almost always conclude the owner was careless if they didn’t follow rules designed to prevent falls.)
For example, if Section 27-375 required a railing and the owner failed to install one, that omission by itself shows negligence. If the code required a maximum 7.5-inch riser and the owner installed 8-inch steps, that violation is prima facie evidence the owner breached safety standards. Likewise, failing to comply with lighting mandates or to put nonskid strips on slippery stairs shows a clear disregard for the law’s safety purpose. In any of these cases, a victim’s lawyer would point to the code language as direct proof the owner was negligent.
A successful claim can compensate you for all your injuries and losses. You may recover medical bills, lost earnings (past and future), pain and suffering, and any permanent disability resulting from the fall. In New York City, such a claim is typically brought under general negligence rules and (if applicable) specific housing laws. Even apartment owners have a duty under the Housing Maintenance Code to keep stairs safe and lighted. And businesses owe a duty to customers and employees to keep exit stairs to code. If the property is city-owned, a special law may apply.
Contact Leandros A. Vrionedes, P.C., After a Stairway Accident Injury in NYC
Regardless of whether a building code was violated or not, property owners, landlords and their insurers will often push back after a stairway trip and fall, slip and fall or other stairway accident, claiming the victim wasn’t paying attention or disputing the serious nature of their injuries. Skilled legal representation is essential to a successful claim, which you’ll find at Leandros A. Vrionedes, P.C. Contact our office after a stairway accident in Manhattan, the Bronx, Brooklyn or Queens, and let our experienced New York City personal injury attorney help you get the compensation you need and deserve.
