Can You Sue for a Fall on Worn-Out Stairs in a New York Apartment Building?
If you slipped and fell on a worn-out stair inside an apartment building, you might wonder: Can I sue? Under New York law, the answer is yes—but only if the case is presented correctly. The courts recognize that stairs in poor condition can pose serious safety risks, and tenants or visitors injured due to dangerously worn steps may be entitled to compensation. But to win such a case, you’ll need more than just your own testimony.
Why Just Saying “The Stairs Were Worn” Isn’t Enough
New York courts require injured plaintiffs to prove not only that they fell, but also that the stairs were unreasonably dangerous. That’s typically done with expert testimony. An expert can explain how the worn condition of a step made it hazardous—for example, by showing that:
- The coefficient of friction on the stair was below accepted safety standards,
- The measurements of the step revealed severe wear or irregularities,
- The treads of the stairs were inconsistent, increasing the risk of tripping.
Recently, the Appellate Division denied summary judgment in a case involving a fall on a slippery marble stair in Hernandez v. 207 E. 14th St. Realty Corp., 2025 N.Y. App. Div. LEXIS 1155 (1st Dept. 2025). There, the plaintiff’s expert provided an affidavit detailing the testing methods and industry standards used to evaluate the dynamic coefficient of friction on the marble step. The results showed that the step’s surface fell below safety thresholds, leading the expert to conclude it presented a slipping hazard. Because both sides submitted empirical, expert-supported evidence, the court held that a jury should decide whether the condition was dangerously slippery.
What the Courts Say About Dangerous Stairs
Courts in New York have consistently held that whether a condition is dangerous is usually a question of fact for a jury, not something that can be decided by a judge on a motion for summary judgment (to dismiss). As the Court of Appeals explained in Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66 (2015), there is no “minimal dimension test”—even a small defect can be actionable if its nature or the surrounding circumstances make it dangerous. Simply put, safety isn’t measured by inches alone.
This principle has been reaffirmed in many decisions. For example:
- In Carrion v. Faulkner, 27 N.Y.3d 980 (2016), the plaintiff slipped on a worn marble step. Though the lower court dismissed the case, the Court of Appeals reversed, finding that whether the worn edge created a dangerous condition was a matter for the jury.
- In Hernandez v. Aldus III Assoc., LP, 115 A.D.3d 529 (1st Dept. 2014), a tenant slipped on exterior steps during rain and fractured his ankle. He claimed the edge of the step was worn. The court denied the landlord’s request to dismiss the case because they couldn’t prove they lacked notice of the condition.
- In De Pepin v. Berik Mgt., Inc., 188 A.D.3d 525 (1st Dept. 2020), the plaintiff’s expert showed that the step was sloped and dangerously worn, which was enough to take the case to trial.
- Similarly, in Johnson v. 675 Coster St. Hous. Dev. Fund, 161 A.D.3d 635 (1st Dept. 2018), expert testimony showed that the step was concave and sloped, and the court denied summary judgment.
The Importance of Expert Support
Expert analysis makes the difference in these cases. In Garcia v. New York Transit Auth., 269 A.D.2d 142 (1st Dept. 2000), the court credited an engineer’s affidavit stating that worn treads made a fall likely, holding that this created a triable issue as to whether the condition was known—or should have been known—to the defendant.
In fact, when a plaintiff fails to offer sufficient expert evidence and relies solely on testimony that the stairs were slippery due to wear, courts routinely dismiss such claims as nonactionable. Sims v 3349 Hull Ave. Realty Co. LLC, 106 A.D.3d 466 (1st Dept. 2013).
Bottom Line: You Can Sue for a Fall on Worn Stairs—If You Build the Right Case
Falling on worn stairs in an apartment building isn’t just bad luck—it may be a case of negligence. New York law protects you from unreasonably dangerous conditions, but the law also demands proof. With strong expert support and a lawyer who knows how to present the case, you can hold property owners accountable.
If you or someone you love has been injured in a fall, reach out to attorney Michael Prisco at MJP Injury Law for a free consultation. We’ll evaluate your case, consult experts, and fight for the compensation you deserve.