School with No Handrails Isn’t Liable for Man’s Fall

     NEW YORK (CN) – A parochial school is liable for injuries suffered by a man who fell down a ramp that was not equipped with handrails, a New York appellate division ruled.




     St. Camillus Church argued that handrails were not necessary because the ramp was used for deliveries, not for wheelchair access. The trial court agreed and granted summary judgment to the church.
     However, the appellate division found that the church did not demonstrate that they maintained the ramp properly, nor did they show that handrails were not necessary on the ramp.
     “Moreover, there are issues of fact as to whether to equip the ramp with handrails constituted a violation of building code ordinances,” the judges wrote.
     Also at issue was whether the lack of handrails caused the accident. Since these facts were in dispute, the appellate division overturned the summary judgment.

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