Who Is Liable for a Trip and Fall in a NYC Apartment Building When Trash Is Left on Landings?

In a crowded city like New York, apartment buildings are constantly bustling with residents, visitors, deliveries, and maintenance workers. Unfortunately, that means clutter sometimes accumulates in common areas, especially in stairwells and on landings. A plastic bag, a discarded box, or a bag of garbage may seem minor, but one small obstacle can cause a serious trip and fall accident.
When that happens, who is legally responsible? Liability for a trip and fall in a New York City apartment building often depends on who had control over the area where the accident occurred, who created or ignored the hazard, and whether proper maintenance and inspection protocols were followed. If you or a family member has been hurt in a trip and fall in a New York apartment building in Brooklyn, the Bronx, Manhattan or Queens, contact Leandros A. Vrionedes, P.C., for help from a skilled and experienced NYC trip and fall injury lawyer.
The Property Owner’s Duty to Maintain Safe Common Areas
Under New York premises liability law, property owners and landlords have a legal duty to keep their buildings in a reasonably safe condition. That duty extends to all common areas, including hallways, stairwells, elevators, and landings that tenants and visitors use on a regular basis.
If trash, debris, or other obstructions are left on a landing and cause someone to trip and fall, the building owner (or the management company acting on their behalf) can be held liable for failing to maintain a safe environment. This is true whether the hazardous condition was created by the landlord or workers under their control, if the landlord knew about but failed to fix it, or if it existed long enough that the landlord or staff should have known about it and taken steps to correct it.
In legal terms, this last circumstance is known as “constructive notice.” Even if the landlord claims they didn’t know about the trash, they can still be responsible if a reasonable inspection schedule would have revealed the danger.
When Building Staff or Maintenance Workers Are to Blame
In many apartment buildings, janitors, porters, and maintenance workers are tasked with cleaning and garbage removal. If they leave bags of trash on a landing, even temporarily, and someone trips and gets hurt, that act of negligence may expose the building owner—or the cleaning contractor, if the work is outsourced—to liability.
In some cases, a private cleaning company hired by the landlord may share responsibility. If their employees left the trash in an unsafe location or failed to follow the building’s safety procedures, the injured person could pursue a claim against both the property owner and the cleaning company.
Tenant Responsibility for Trash and Obstructions
Sometimes, it’s not the building staff but a tenant who leaves garbage, boxes, or other personal items in a shared hallway or landing. That circumstance can complicate liability.
New York courts generally hold that the building owner is still responsible for keeping common areas safe, even if a tenant caused the hazard. However, the landlord may have a right to seek reimbursement from the tenant later, depending on the lease agreement.
For an injured person, the key question is whether the landlord took reasonable steps to prevent or remove the obstruction once it was known—or should have been known—to management. Ignoring repeated complaints from other tenants about garbage piling up, for example, could make the landlord squarely liable for resulting injuries.
Relevant New York City Building and Housing Code Requirements
New York City housing regulations reinforce a landlord’s duty to keep common areas clean and safe. The NYC Housing Maintenance Code (§27-2011 and §27-2013) requires owners to maintain public areas free from dirt, filth, garbage, and other unsafe conditions.
Additionally, the NYC Administrative Code §28-301.1 mandates that building owners maintain all parts of their premises in a safe and code-compliant condition. Leaving trash or debris on stairway landings could constitute a violation of these codes and serve as powerful evidence of negligence in a civil lawsuit.
Tenants who live in rent-stabilized or multi-unit buildings also have the right to file a complaint with the NYC Department of Housing Preservation and Development (HPD) if their landlord repeatedly fails to maintain clean and safe common areas.
Comparative Negligence: What If You Didn’t See the Trash?
Defendants in trip and fall cases, such as property owners, often argue that the injured person should have been paying more attention. Under New York’s comparative negligence rule, your compensation can be reduced if you are found partially at fault—for example, if you were distracted by your phone or carrying bulky items that blocked your view. Fighting back against unfair allegations of shared fault is one of the key reasons why you need experienced legal representation to pursue a trip and fall claim on your behalf.
Tenants and guests have a reasonable right to expect that stairways and landings will be free of hazards. You don’t have to prove that the area wasn’t perfectly safe, only that the landlord or responsible party was negligent in allowing an unsafe condition to exist.
Evidence That Strengthens a Trip and Fall Case
To hold the right party accountable, evidence is key. After a trip and fall caused by trash or clutter in an apartment building, it’s critical to:
- Photograph the scene immediately before the debris is removed.
- Get witness statements from neighbors, maintenance workers, or visitors who saw the trash or the fall.
- Report the incident in writing to the landlord or building management.
- Seek prompt medical attention. Your medical records will help establish the link between the fall and your injuries.
- Consult a personal injury lawyer who can investigate the property’s maintenance practices, gather security footage, and identify all responsible parties.
Compensation for Trip and Fall Injuries in New York
Victims of trip and fall accidents in apartment buildings may be entitled to compensation for the many ways they have been harmed, including medical bills and rehabilitation costs, lost wages or diminished earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. The amount you can recover depends on the severity of your injuries, the strength of your evidence, and whether you share any percentage of fault.
Talk to a New York City Trip and Fall Lawyer
If you tripped and fell because trash or debris was left on a stairway landing in your apartment building, you have legal rights. These accidents are preventable, and building owners who fail to maintain safe conditions can and should be held accountable.
At Leandros A. Vrionedes, P.C., we have decades of experience representing New Yorkers injured in trip and fall accidents caused by unsafe building conditions. We know how to investigate property maintenance failures, build strong evidence of negligence, and pursue full compensation for your injuries.
Contact Leandros A. Vrionedes, P.C., today for a free consultation to discuss your trip and fall claim and learn how we can help you recover the compensation you deserve.