A loose handrail can cause a trip-and-fall accident that leaves you with serious injuries. If you get hurt in this type of accident, pursue legal help from an attorney with relevant case experience.
Have a Buffalo premises liability attorney evaluate your case. Depending on the situation, your lawyer can seek compensation for you through a premises liability claim or lawsuit.
Why Loose Handrail Accidents Happen in Buffalo, NY
Some homes and commercial buildings in Buffalo have wood or metal fixtures that suffer from long-term material decay, which can weaken the structural anchors of handrails. If you use one of these handrails, it could collapse, resulting in a trip-and-fall accident.
During extreme temperature shifts, moisture can seep into outdoor mounting points, freeze, expand, and loosen handrail screws and brackets over time, increasing the risk of accidents.
Property owners have a duty of care to maintain safe premises for visitors and other parties. If a property owner doesn’t inspect, tighten, or repair loose or wobbling handrails, these can malfunction and cause accidents. Meanwhile, the property owner can be held liable if they created a dangerous condition that led to an accident or were aware of the loose handrail and did not reasonably repair or address it.
Loose Handrail Accident Injuries in Buffalo, NY
If you slip, fall, and get hurt in a loose handrail accident in Buffalo, seek medical attention right away. Based on the severity of the incident, you could be dealing with any of the following injuries:
- Broken bones
- Concussion
- Back injury
- Spinal cord injury (SCI)
- Soft tissue damage
After you receive medical care for your accident injuries, meet with a Buffalo injury lawyer. This is an opportunity to review your legal options with an attorney and, if warranted, take the first step to file a claim or lawsuit against any liable parties.
Who Is Liable for a Handrail Accident in Buffalo, NY?
The party responsible for a handrail accident in Buffalo depends on where the incident occurred and whether a duty of care was violated. Below are some of the parties that can be held liable for handrail accidents:
- Property owner
- Landlord
- Business operator
- Contractor
To recover compensation from anyone liable for a handrail accident, you will have to prove negligence. Doing so can require you to show that a duty of care was breached and that a party’s actions caused your accident, injuries, and damages.
When to Sue for a Handrail Accident in Buffalo, New York
According to New York Civil Practice Law and Rules (CPLR) 214(5), if you are injured in a handrail accident caused by someone else’s negligence, you generally have three years to file a premises liability lawsuit, with certain exceptions.
If you want to file a wrongful death lawsuit after a fatal handrail accident, you typically have two years from the date of death to do so, per New York Estates, Powers and Trusts Law (EPTL) 5-4.1.
In New York, the personal representative of the estate of a deceased person (decedent) is eligible to file a lawsuit for wrongful death.
A Buffalo personal injury attorney can explain whether you’re eligible to sue someone for a handrail accident. In some cases, a lawyer may advise you to file a premises liability claim and ask for compensation from a liable party’s insurance company. At other times, they can help you proceed with a personal injury or wrongful death lawsuit.