Featured News 2013 Proving Fault in a Stair Accident Lawsuit

Proving Fault in a Stair Accident Lawsuit

Stairs are common in buildings, and are a great exercise alternative to taking the elevator. Yet if you take a tumble down the stairs, it is often no laughing matter. Trip and fall accidents involving stairs can result in brain injuries, spinal cord injuries, fractures, scrapes, bruises, muscle injuries, and sometimes even death. Thousands of people trip and fall down stairs every single year.

Oftentimes, property owners can be held liable for stair accidents, just as they are held liable for slip and fall accidents that may occur on the premises. There are a number of accidental dangers when it comes to stair accidents, and you will want to hire a personal injury attorney to help you if you believ that you are not at fault for an accident and deserve compensation for your injuries.

The owner of the property where you experienced a stair accident will not be liable if he or she was not responsible for the dangerous surface. For example, if you spilled water and then slipped and fell down stairs as a result, you would be responsible for the injury because you created the hazard. If there was already a slippery substance on the stairs that was not properly marked, then the property owner may be considered liable.

Also, the owner can be held liable for an accident that happens if he or she was negligent to correct a dangerous surface in a justified amount of time. For example, if there was trip hazard on the stairs and the property owner did not make any effort to correct this then that owner will be held liable.

Additionally, in any case where the owner of the premises or an employee should have known of the dangerous surface because it would have been repaired or taken care of in reasonable circumstances, he or she may be liable for any accidents that occur. The insurance company or court where you are seeking a settlement will want to evaluate whether or not your carelessness contributed to the accident.

If you were not watching where you were going, or were not using provided handrails, then you may not be able to seek compensation in the accident. The court or insurance company will use comparative negligence to determine whether you were harmed by a reasonable situation or if you were injured in a slip and fall because you weren't paying attention when you should have been.

These are all circumstances evaluated in any slip and fall accident. Stair accident cases also take other factors into consideration, such as whether or not there was a slippery surface that cause the fall. For example, if stairs are metal and they were wet, this would create a slippery surface that may act as a hazard to those walking up or down. Worn-down carpet can be a slipper surface, and wood stairs are often slippery if there is a run in the part of the stair.

Also, stairs that are made of tile or highly polished wood can be inherently slippery, and they should be outfitted with guardrails. Marble staircases are a significant danger. When stairs have recently been mopped it is important that the property owner places a warning sign or bans visitors from using the stairs in order to avoid slips during the time that the stairs are drying.

If the stairs where your injury occurred are outdoors, you can evaluate whether or not rain, snow, or ice collected on the stairs and increased the possibility of an accident. While people need to use extra caution in these weather conditions, property owners must built these stairs and maintain them to avoid an excessive buildup of water and ice. An owner will most likely be liable for your injuries if you slipped on a stair that had excessive buildup or ice or water that should have been cleared away.

Also, every state and county has a building code that has specifications regarding stairs in buildings. Many codes required handrails, and violating this requirement will prove that the property owner is liable. As well, if a handrail is not at the right height, or is not installed properly, this can also prove that the property owner is liable. Reaching for a handrail that is at the wrong height can cause a person to fall even if there are no other trip or slip hazards.

If stairs are built so that they have uneven heights or depths then this can be a building code violation. Most of the time there is a maximum variance from one step to another, and any steps that are at a drastic difference in height may result in a lawsuit. Also, if the stairs have an improper stair height or depth in general, this can be considered a building code violation. Each stair is supposed to have a riser and a run, but if these are not up to the code then you may be able to prove that a violation of the building code resulted in your injury.

You will want to research the building codes pertaining to your county and your state. You can visit your local library to get information or you can find the state building code within your state's laws. You can also check for stair requirements and with your lawyers help you may be able to create a viable argument that a particular flight of stairs was dangerous and was the reason for your accident. If you want more information about stair accidents or want to litigate against a responsible party hire a local personal injury attorney today to help!

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