I Slipped and Fell Down a Flight of Stairs at an Apartment Complex in Brooklyn, do I have a Case?

Question:

I was visiting my sister around 7 pm at her apartment, she lives on the second floor, there were railings to hold on to. It was dark outside, and there were no lights on, so as I was about to hit the last step, i didn’t see the floor and my left foot landed wrong and half of my body fell. I went to the emergency room and I have a fractured leg on crutches,  the doctor told me to follow up with a specialist which I go to on Friday. Can I sue the apartment complex?

Answer:

If it can be established that the owner of the apartment complex was negligent/responsible for the cause of your fall (no lights on at night to allow one to see the steps), then a claim can certainly be brought.  The question here is whether the injured person knew they would be unable to see the steps due to the conditions described in the question, and what could the person have done differently to avoid this accident (such as waiting until one could go down the steps when the lighting was adequate).

This legal question was provided by Avvo and answered by Jules Messinger an experienced Brooklyn Personal Injury Lawyer. This does not consent an attorney client relationship.