Building Codes Expert Opines on Faulty Stairway Handrail

Case Overview

This case involves a plaintiff who went to use the restroom before boarding a bus at a bus station. On the way to the restroom, which is accessible only via an exterior set of uneven and oddly configured shallow steps, the plaintiff held onto the handrail which was loose and unstable. The plaintiff lost his balance and fell, causing him to sustain a fracture of his left wrist and left ankle. The attorney retained an OSHA expert witness familiar with building code compliance to render an opinion of the property’s conditions and determine if it was up to standard on the day of injury. The building was first built around the late 1800’s, and had substantial alterations 1970. When the lease was assumed by defendant tenant coach bus company in 2003, landlord and tenant made alterations to interior of the space, but did not alter the outside steps or handrail. The handrail was first checked for looseness 2 years after the plaintiff suffered his injury, and repaired at that time. Tenant did get an occupancy permit when it took assignment of lease.