• June 19, 2021

Staircase Slip and Fall – How to Prove Fault In Stair Accidents

People slip, fall, and trip every single year, and those who own stairs are liable to these kinds of accidents if there are underlying dangers to this.

If you’ve suffered an accident on stairs, you need to figure out how to show that the property owner is the one at fault.

How to Be Liable for It 

Liability on stairs in slip and fall cases, the following needs to happen: 

First, the owner must know that there is a dangerous surface, or one that’s slippery, torn, or even worn. 

The owner of this must know that it’s dangerous but they refuse to do anything with this 

The owner of the property or employees must know that the surface is not safe, because “reasonable” people would’ve seen this and repaired it. 

Along with this, in every single case like this, the insurance company must also look at the carelessness of you in this accident. With “comparative negligence” you’ll be able to see how reasonable or careless you are. 

In stair accidents, the liability of the owner will depend on the inquiry as well. 

There are also other considerations in these types of cases, since stairs are definitely more inherent in dangers than other surfaces, and the defects might not be obvious even before the accident or after. There is some effort that needs to go into how stairs are kept and maintained. 

Slippery Stairs 

Another common danger that’s hidden is slippery surfaces.  This is usually on the “runner” part of where the stair is. This is usually a small thing that can be incredibly dangerous. If they have tile or are more polished than normal stairs, then it could get slippery, and property owners need to choose whether beauty or safety matters. 

Icy or Wet Stairs 

Rain, ice, or even snow collecting on stairs does increase the risk for accidents. While people should take precautions, the duty doesn’t stop the negligence of the owner. 

Stairs that are built and maintained must also get rid of excess ice or water, so that the surfaces don’t become extra wet. If there is excessive build up to this, the owner does need to be held liable for this one. 

If you fall on stairs with this, the owner can be liable for this. 

Finally, another part of slip and fall cases is the code violations. Every country or area has a building code, and this includes stairs.  There are a few things that need to be there. 

First is handrails of course, since you should have a handrail for everything, and if you don’t, it does contribute to the slip and fall cases. Along with that, a lot of building codes need the handrails to be certain dimensions, and if it’s at the wrong height, it can cause slip and falls. 

Then there is stair height and the depth of this as well. If the stairs are not deep or high enough, then it can be a big problem.  Measuring this is important, since if it’s not to code, then it is considered defective stairs. 

Finally, if the stairs are uneven. If they don’t have the same evenness, then you’re going to run into the issue of people tripping and falling, especially when not consistent.

When choosing stairs, you want those that are right, since improper stairs do lead to cases, and if you’re not careful, it can lead to trouble not just for you as an owner, but for those who use the stairs, since it can affect the state of the property as well for you.

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