Injuries Caused by Defective Stairs or Banisters in the Home

Stairs should feel solid—something you can rely on without thinking. But when a step gives way or a handrail comes loose, the result can be more than just a stumble. Falls like these often lead to real injury, and in a rented or managed property, they’re often avoidable.

At John O’Leary Solicitors LLP, we’ve worked with people across Tallaght and Dublin who’ve been injured in homes where something simple was missed or left unrepaired. With over 20 years behind us, we know how to handle these situations calmly and thoroughly.

If you’ve been hurt because of faulty stairs or a broken banister, contact John O’Leary Solicitors LLP today. We’ll help you figure out where you stand, and what can be done about it.

How Stair and Banister Injuries Happen in Residential Properties

Stair and banister injuries almost always follow a predictable physical failure. They don’t happen in a vacuum—they happen when load, movement, and structural weakness combine at the wrong moment. Whether the person is going up, down, or using the rail for balance, the body’s movement relies on the staircase holding firm. When it doesn’t, the result is usually a sudden loss of footing, grip, or support.

Step Failures

The most common mechanism of stair injury is when a foot does not land where it’s expected to. This can happen due to:

  • Loose treads: A tread that shifts or dips under pressure causes the foot to roll or slide
  • Step collapse: One part of the step gives way entirely—typically the edge or nosing—sending the foot through or forward
  • Uneven rise: If one step is significantly higher or lower than the others, it disrupts rhythm and causes missed footing
  • Worn edges: Smooth, rounded, or crumbling nosings reduce grip and make it easier to slip forward while descending
  • Short tread depth: Steps that are too shallow for the foot create instability, especially for anyone wearing runners or slippers
  • Poor step-to-landing transitions: A sudden change in level, slope, or flooring can throw off balance right at the end of the staircase

Banister and Handrail Failures

Falls involving handrails or banisters often result from a sudden loss of lateral support. These typically occur in one of the following ways:

  • Wobbling handrails: Fixings have come loose behind the wall or the rail flexes under pressure, giving way when leaned on
  • Detached brackets: The rail detaches entirely from the wall when someone grasps it
  • Insecure newel posts: The main vertical post at the top or bottom of the stairs shifts or detaches, taking the rail with it
  • Missing sections: A section of railing or spindle is absent, allowing the person to fall through the gap—especially dangerous for children or small adults
  • Banister height: Rails that are too low provide no real protection against tipping over the edge of the stairs
  • Banister spacing: Spindles spaced too far apart can allow a leg, arm, or child’s body to pass through and become trapped or cause a fall

Surface and Grip Issues

Sometimes the structure itself doesn’t fail—but the surface causes loss of traction or obstruction of movement. These include:

  • Loose or rucked carpet: Foot catches on the uneven surface, lifting the heel or disrupting stride
  • Slick varnished timber: Bare wood with no grip can become extremely slippery, especially in socks
  • Edge disintegration: Crumbling stair nosings leave exposed corners that catch shoes
  • Dirt, oil, or water on steps: Debris or spillage—especially on shared or entry stairs—can create instant loss of footing
  • Transitions with no visual contrast: Poor lighting or lack of edge markings can cause misjudged steps or missed landings

Combined Failures

In many cases, injuries result from a combination of minor defects, none of which would cause a fall on their own. For example:

  • A person trips over a lifted carpet edge, reaches for the banister, and the handrail gives way
  • A person steps onto an unusually short tread, stumbles forward, and cannot grip the low or loose railing
  • A stair with uneven risers causes a misstep, made worse by poor lighting or worn edge grip

These scenarios are especially common on narrow staircases, in older houses, or where non-standard stairs have been installed during conversions or renovations.

Who Is Legally Responsible for Stair and Banister Safety?

Responsibility for the safety of stairs and banisters depends on who has control over the property and the part of the property where the defect exists. Irish law assigns that responsibility based on occupancy status, the nature of the premises, and the degree of control exercised by the person or entity in question.

Landlords

In rented residential properties, the landlord is legally responsible for maintaining the physical structure of the premises—including stairs, floorboards, landings, and handrails. This duty is grounded in the Housing (Standards for Rented Houses) Regulations 2019, which set minimum legal standards for private and supported tenancies.

A landlord must ensure that:

  • Internal staircases are in good repair and structurally sound
  • Handrails are present where there are more than three risers
  • Any banister or guardrail is secure and properly installed
  • Floors, landings, and step transitions are free from hazards like collapse, movement, or obstruction

This applies whether the tenancy is private, council-linked, or under the Housing Assistance Payment (HAP) or Rental Accommodation Scheme (RAS). The standard is not flexible. A landlord may not shift the responsibility to the tenant by claiming the hazard was “known at the time of letting” or minor in nature.

If a tenant reports a problem with stairs or a handrail, the landlord is obliged to investigate and, where necessary, arrange proper repair by a competent professional. Temporary or cosmetic fixes such as taping, wedging, or repainting are not considered legally sufficient where the structure remains unsafe.

Local Authorities and Housing Bodies

Where a property is owned by a local authority or housing body, the same legal principles apply. Stairways within the tenant’s home and in shared internal areas (such as stairwells in council flats or duplexes) must be inspected and maintained by the authority.

The tenant should report the issue to the relevant maintenance department, who must respond within a reasonable period. If they fail to do so, the council or housing agency may be liable for any injuries caused by the unresolved hazard.

Managing Agents and Property Managers

In apartment buildings, duplexes, or converted homes with shared access, common areas—including entrance steps, stairwells, and shared landings—are usually maintained by a managing agent or owners’ management company.

Their duties include:

  • Inspecting and maintaining staircases used by multiple units
  • Ensuring guardrails, spindles, and landings meet safety standards
  • Hiring qualified contractors for structural works or repairs
  • Keeping records of complaints, inspections, and maintenance carried out

Responsibility lies with the agent or entity that has functional control over the shared area. If the defect lies within the tenant’s private hallway or stairwell, it is the landlord’s duty; if it’s in the building’s shared entry area, the management company is usually accountable.

Private Homeowners

In owner-occupied homes, the homeowner owes a duty of care to anyone legally on the premises. This includes:

  • Guests (friends, family, neighbours)
  • Visiting professionals (cleaners, carers, tradespeople)
  • Delivery workers and postal staff using an internal entry staircase
  • Childminders or visiting children

This duty is defined under the Occupiers’ Liability Act 1995, which requires property occupiers to take reasonable care to avoid creating dangers for those invited onto the premises.

If a person is injured by a structural defect such as a collapsed step or loose handrail, and the owner knew or should have known about it, the claim may proceed against the homeowner’s home insurance.

Shared or Disputed Responsibility

In some cases, responsibility may be split. For example:

  • A managing agent fails to act on a complaint about a shared stairwell, while a tenant repeatedly uses a visibly loose step
  • A landlord delays repair after a tenant complaint, but the tenant adds a makeshift carpet overlay that worsens the risk
  • An owner installs stairs during a renovation that don’t comply with building regulations, then sells or lets the home without correction

Legal Tests for Making a Stair or Banister Injury Claim

Not every fall on stairs leads to a valid claim. For a legal case to succeed, there must be clear evidence that someone responsible for the property failed in their duty of care—and that failure directly caused the injury. The law applies a series of practical legal tests to establish whether liability exists.

Foreseeability and Prior Warning

The first question is whether the person in control of the premises—whether a landlord, owner, or managing agent—knew or should have known that the stairs or banister posed a safety risk.

Evidence of foreseeability may include:

  • Prior reports of a loose step, broken handrail, or unsafe flooring
  • Visible wear and tear that was clearly obvious before the incident
  • A history of complaints by the tenant, other residents, or tradespeople
  • Previous falls or near misses on the same staircase
  • Long-standing damage not addressed within a reasonable time

Foreseeability doesn’t require the owner to have predicted the exact fall. It simply means the defect was one that should have been noticed and fixed before someone was hurt. A worn step that’s creaked for months or a handrail that wobbles every time it’s touched will rarely be seen as a surprise hazard.

Causation and Injury Evidence

Next, there must be a direct link between the defect and the injury. It must be clear that the condition of the stairs or banister caused the fall, rather than it being a matter of clumsiness or unrelated behaviour.

Causation can be supported by:

  • Medical records describing the fall and the injuries sustained
  • Photos showing the defect that caused the trip or collapse
  • Eyewitness accounts confirming what happened
  • Time-stamped emails or texts reporting the hazard before the incident
  • Records showing the defect existed unchanged at the time of the fall

Typical injuries in these claims include fractures (wrists, ankles, hips), spinal trauma, concussions, or torn ligaments—particularly in cases involving sudden loss of footing or unassisted falls.

The closer the evidence ties the defect to the injury, the stronger the legal case.

Ordinary, Lawful Use of the Staircase

Claims only succeed where the injured person was using the stairs or handrail in a normal and lawful manner. This doesn’t mean perfect behaviour—just behaviour that’s expected in day-to-day life.

Valid use includes:

  • Walking up or down at a normal pace
  • Carrying household items (e.g. laundry, shopping bags)
  • Using the handrail for balance
  • Entering or exiting the building in ordinary conditions

Claims become more difficult when the injured party was:

  • Running, jumping, or using the banister as a slide
  • Intoxicated to the point of impaired balance
  • Walking in unsuitable footwear on known slippery surfaces
  • Ignoring a visible and recently reported hazard (e.g. a taped-off area)

However, people are not expected to inspect stairs before every step. Courts recognise that hazards in domestic settings often go unnoticed, especially in poor lighting or where the defect isn’t obvious.

Contributory Negligence

Even where the fault lies with the landlord or homeowner, a court may reduce compensation if the injured person’s conduct contributed to the risk or made the injury worse.

Contributory negligence may arise if:

  • The injured person was aware of the defect but didn’t report it
  • They were descending with both hands full and not using the rail
  • They ignored previous advice to avoid the area
  • They had created a hazard themselves (e.g. draped a loose runner on the stairs)

In such cases, the court may still award compensation—but at a reduced rate, often between 20% and 50% depending on the circumstances.

When the cause of injury is clear, the hazard was predictable, and the injured person was acting normally, a claim has a solid legal foundation.

Steps to Take After an Injury Caused by a Defective Stair or Banister

After a stair or banister injury, timing matters. Whether you’re a tenant, visitor, or homeowner, early action protects your position and helps establish what went wrong. Here’s what to do:

1. Get Medical Attention Immediately

  • Visit your GP, out-of-hours clinic, or hospital without delay
  • Clearly explain howthe injury happened (e.g. “banister came away from wall”)
  • Request and retain:
    • Discharge notes or medical certs
    • Prescription records
    • Referral letters (e.g. to physio, X-ray, orthopaedics)

These records prove both the injury and its timing.

2. Document the Hazard Clearly

  • Take wide and close-up photos of:
    • The step, landing, or rail involved
    • Any looseness, breakage, gaps, or instability
    • Worn carpet, exposed nails, or cracked nosings
  • Include an object for scale (e.g. shoe, coin, tape measure)
  • Capture the surrounding area to prove layout and context
  • If anyone saw the fall, ask for a name and number right away

Visual documentation is often the strongest evidence, especially if repairs follow soon after.

3. Notify the Responsible Party in Writing

  • Tenants: Email or text your landlord or letting agent
    • Describe what happened, include photos, and request urgent inspection
    • Save all replies—screenshots, delivery confirmations, or voicemail recordings
  • Visitors: Inform the homeowner, calmly and clearly
    • Ask if the issue had been reported or noticed before
  • Shared or managed properties: Contact the building’s managing agent or council housing office
    • Use reference numbers, flat numbers, or dates to confirm where the incident occurred

Always follow up verbal conversations with a short written message. It creates a traceable record.

4. Keep Track of the Consequences

  • Log the impact on your day-to-day life:
    • Missed work or altered duties
    • Limited mobility or reduced independence
    • Reliance on others for stairs or transport
  • Keep receipts for:
    • GP or physio visits
    • Taxis, crutches, medical aids
    • Pain relief, bandages, or equipment
  • Record developments such as worsening symptoms or cancelled events
  • Note if and when repairs were carried out after your report
    • If possible, take updated photos of the fixed area for comparison

This information supports any claim for losses tied directly to the injury.

5. Don’t Interfere with the Scene

  • Avoid taping over, lifting, or fixing the defect yourself
  • Do not allow a well-meaning friend or family member to “sort it out” before evidence is gathered
  • Leave any broken banister, detached step, or lifted carpet in place for inspection if safe to do so

Tampering,even with good intentions, can complicate the chain of evidence.

Time Limits for Bringing a Stair or Banister Injury Claim in Ireland

In Ireland, the standard time limit for bringing a personal injury claim is two years from the date of the accident. If you suffer an injury due to a faulty step or broken handrail and do not submit your claim to the Injuries Resolution Board within that two-year window, you may lose your right to claim entirely.

The clock starts ticking on the day the fall happens—not when the pain becomes serious, not when the defect is repaired, and not when you first speak to a solicitor. Delaying medical treatment or failing to report the incident right away does not pause or reset this clock.

There are a few exceptions. If the injured person is under the age of 18, the two-year period doesn’t begin until their 18th birthday. For adults who lack mental capacity—whether due to the injury itself or another condition—the time limit is paused until capacity is regained, if ever.

Even if the full two years hasn’t passed, waiting to act can still cause problems. Landlords may fix the defect within days of being notified. Homeowners might replace the banister or re-carpet the stairs. Photographic evidence becomes harder to obtain, and witnesses may forget details or move on. The longer you leave it, the harder it becomes to prove what happened and why.

Acting early gives you the best chance to protect your legal position and secure evidence while it’s still available.

Contact a Solicitor Experienced in Stair and Banister Injury Claims

If you’ve been injured due to unsafe stairs or a faulty handrail in a rented home or someone else’s property, John O’Leary Solicitors LLP can help. With over 20 years of experience in residential injury claims, we provide clear, practical advice. Contact us today to take the next step while the evidence is still fresh.