No Second Handrail Required on Exterior Stairway

Tenant sued landlord for negligence after falling on exterior stairs outside the building. Tenant claimed that the stairway was defective because it had only one handrail on the left side of the stairway, and the absence of a second handrail was what caused her to fall to the ground. Tenant asked the court to rule in her favor without trial.

The court ruled against tenant. Landlord's engineer stated that the building was constructed in 1930 and had a single front door entry with three brick and mason steps with landings leading up to it. A metal handrail on the stairs "provides a reasonable safety level." The engineer also stated that, in his opinion, the stairs weren't hazardous or dangerous in any way and that the stairs were subject to grandfathering provisions of applicable building codes. The court found that the absence of a second railing wasn't a structural or design defect and didn't violate any law or regulation that required a remedy. Landlord also wasn't on notice of any prior incidents on the stairs or requests for a second handrail. It was also speculative for tenant to claim that she wouldn't have been injured, or as injured, if there were a second handrail.

Lafata v. Wonica: Index No. 151684/2019, 2025 NY Slip Op 50601(U), 83 Misc.3d 1262(A)(Sup. Ct. Richmond; 4/21/25; DiDomenico, J)