Accident on Stairs: Injury Liability of a Property Owner

At least at some point in our lives, one way or another, we’ve all gotten into a stairs accident. Sometimes, we’d miss a step or slip up because we’re not looking where we’re going. There are instances however, when the accident is not our fault and happened only due to the fault or negligence of another.

In stair accidents, unless we tripped or fell because of our own mistake, the fault would often lie with the property owner. Under the concept of “premises liability”, the owner may be held liable for any injury incurred by a person on his property because of his failure to keep his property safe and free from any hazard.

Here are some of the instances wherein property owners may be held liable for stairs accidents:

Violation of building code violation for stairs
Improper measures of stairs height or depth
Uneven differences in stair height and depth
Poorly lit stairwells
Lacking and/or missing handrails
Slippery stairs
Wet and/or frozen steps or stairs outside

The property owner is legally responsible to keep guests or customers safe within the his premises, that means being quick to correct any hazard such as spilled liquids or repair worn out floor boards.

Here are some important elements to prove if you were in a stairs accident not owing to your fault and you want to hold the owner liable:

The accident occurred on the premises/property of the owner
The accident was caused because of a hazard and/or danger that was known either to the owner or his employee
Such owner and/or employee failed or neglected to do something to alleviate or correct the hazard
It must have been known or discovered by a reasonable person

If the following elements were present when you hurt yourself in a stairs accident, you may seek compensation for any expenses you incurred as a result of your injury. As most stairs and slip and fall accidents may entail back injuries and the like which may limit an individual’s mobility, you may recover economic and non-economic damages such as medical compensation, lost wages, and pain and suffering.

It would be advisable for you to hire a premises liability lawyer or a personal injury lawyer the moment you got injured especially if you fell and slipped down the stairs through no fault of your own. Do not be intimidated by the property owner’s assertion that the accident was your fault – let your lawyer do the talking because they would know best on how to defend your rights.

From the author: California Premises Liability Lawyers

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