How Common are Stairwell Accidents? Who is Liable?

Injured? Seek Personal Injury Attorneys Help

According to The American Journal of Emergency Medicine, about one million Americans injure themselves on stairs annually. Stairwell injuries are the most common cause of serious injuries. Many people get hurt by falling down stairs at various properties, leading to personal injury attorneys’ premises liability claims.

Who is Liable?

A victim of a stairwell accident needs to prove that the property owner caused the hazard through negligence to establish a premises liability. When reviewing the accident, the property manager should have been aware of the possible danger but didn’t fix it. Any faults by the victim will also be accounted for under the comparative negligence clause. Comparative negligence is used to reduce any damages that the victim may be awarded.

Building Code Violation

When a property manager violates a building code in your state, this provides irrefutable evidence of liability. In some states, the defendant is automatically deemed negligent due to the violation of a building code, even though causation still needs to be established. This may include installing or lacking a handrail on the stairs for safety reasons and variance in a stair’s depth and height.

Rain, Ice, and Snow

Property owners in areas that experience significant amounts of rain, ice, and snow should monitor the property’s outdoor stairs. Even though they aren’t expected to immediately clear the stairs of any snow or rainwater, they cannot let the hazard persist for limited periods. A property manager is also expected to avoid using slippery surfaces that could cause a hazard.

Wear and Tear

Over time, stairs are bound to become uneven or slippery. Wear and tear often affects the carpet on the stairs and the surface beneath. Such a hazard is hard to notice, especially for persons unfamiliar with the stairs. In this case, a property owner is likely liable for failing to address wear and tear. If the surface is slippery, they will also be held accountable if a person slips and falls.

Contact Personal Injury Attorneys

At Robert J. Derby & Associates, we are your leading personal injury attorneys. With over 250 years of experience practicing law, our personal injury attorneys are highly qualified to help you receive the compensation you deserve. 

Get in touch with us today for more information about our services.