I Received an Injury in an Accident With Stairs, Who is Liable?
Every year, thousands of people fall on stairs and injure themselves. But what happens if you fall on someone else’s property? Property owners find themselves at the center of liability every year when people are injured on their property, and the same goes for injuries that happen on the stairs. Because stairs pose very real hazards, it is important to know whether or not you have a case if you have been injured in one of these unique accidents.
There are some elements that you must prove before you make a premises liability claim based on a stairway accident. These are some of those common elements:
- The spill was caused by the owner of the premises or one of their employees.
- The owner or an employee was fully aware of the spill or surface but did nothing about it.
- A reasonable person would have known about the surface, so therefore the owner or employee should have as well.
When you are settling your case through mediation or court, the insurance company will also ask you if you were careless at the time of the accident. Your own carelessness in the fall could determine comparative negligence, which is your contribution to the accident and helps determine the compensation you will receive. The problem with stair accidents is that they come with inherent dangers just because of their nature. Some defects or a slippery surface could be hidden even after an accident takes place.
There are also building code violations to consider in stair accidents. These are codes that must be adhered to by builders and property owners. For instance, handrails are required for a multitude of different types of stairs. If the stairs did not have one and you are injured as a result, you could have a claim because of it. You may also find codes that show the differences in the height or depth of any step from another, and that these codes were ignored. Again, you may have a case, so it is important to understand these codes. This is why you may need an experienced attorney on your side to help you through every aspect of your case. Call us today if you have sustained an injury on stairs and need our help receiving the compensation you deserve.