weak handrail leads to fall down stairs (CA)

[skerzz]

I have a concern regarding the staircase at a property I recently moved into about one month ago. The building is a 3 story, 4unit, condo complex. I am currently renting one of the units from a real estate management LLC.

Incident: I was descending the staircase of the residential condo I am renting and as I placed my hand on the handrail it ripped out from the wall and I fell down the staircase resulting in ankle/foot injury.


Facts:

The hand rail is attached to the drywall only and not into any studs or wall supports. They are attached using a screw and a plastic sleeve for drywall mounting. These clearly can't support much weight.
- I can't find much info about residential building codes, but from some research i believe handrails must be able to support 200lbs of pressure; these handrails clearly cannot. (http://www.sandiego.gov/development-services/industry/pdf1998/bnl10-05.pdf ) found on page 8, section XVI, statement #4

Upon further investigation into the handrails I noticed more signs of concern:

1- there are 4 other handrails attached in similar fashion in staircases. These rails are also about to fall out of the wall if there is any moderate amount of weight applied to them.

2- Upon inspecting the walls I can see that the rails have fallen out before because there are patch marks where they used to be mounted. Leading me to believe the landlord knew of this problem yet failed to make the rails safe after the first incident. I believe this was very negligent of the landlord.



Can anyone assist me on the legality of this situation? I greatly appreciate your help, comments, and suggestion for action.

 

[Hot Topic]

Take pictures of the handrails, including closeups of the supports, and call the city building inspector about your concerns if you get no response from the landlord to the letter you sent him registered mail, return receipt requested.

 

[OHlandlord]

Hot Topic's advice is good. These rails need to be fixed correctly before someone is seriously injured. The correct way to attach these to the wall if there is no stud in the spot where they need to be fastened is to attach a wood plate/plank that spans the studs to the wall securely (screwing the plate to the studs directly), then fasten the handrail to the plate. Since this is an apartment complex, the LL may not even be aware of the problem. A maintenance person usually fixes these types of things. (If the maintenance person has fixed this before, he may be negligent.) The contractor who originally installed these did not do it correctly. Make the LL aware of the problem and it will be fixed correctly. If they do not, the city building inspector will surely require it to be fixed.

 

[skerzz]

the problem is I already injured my foot/ankle coming down the stairs when the railing broke. It isn't an apartment complex it is a 4 unit condo conversion.

 

[OHlandlord]

Sorry about your ankle. Still, the LL and the Management Company need to be informed that the maintenance person (whatever contractor they hired) did not install these correctly. Notify them as directed previously.

 

[ecmst12]

Sounds like this is the type of accident that would be covered by the LL's insurance. Get the information to file a claim with them.