Determining Property Owner’s Fault in a Stairway Trip-and-Fall Accident

Each year, thousands of people slip, trip or fall down stairs. Property owners where these accidents take place can be held liable the same way they are liable for slip-and-fall accidents. However, there are several additional hazards when it comes to stairs that must be considered before a claim is filed. There are different factors that must be examined before determining whether the property owner is at fault for your slip-trip-and-fall accident.
To hold a property owner legally liable for the injuries suffered in a trip-and-fall accident, it must be established that the owner or manager of the premises or an employee or another liable person caused the hazardous condition such as a broken or slippery stair. The claimant may also have to prove that owner or manager of the premises knew or should have known that a dangerous condition existed on the property, but did nothing to fix the condition or warn visitors or guests about the hazard. Also, faulty handrails or differing heights of steps can give rise to an accident case.
Dangerous Stairways
In addition to these factors, there are also other types of negligence to be considered in a stairway slip-and-fall or trip-and-fall accident. For example, some stairs may have carpeting that many be worn or improperly maintained. This may pose a tripping hazard. In other cases, stairs may be made of tile or other polished, slippery materials that may enhance the appearance of the place, but clearly pose a slip-and-fall danger to those who use the stairs. In such cases, the property owner may be held liable for putting appearance ahead of safety.
Property owners are also required to maintain outdoor stairs. Rainwater, snow or ice collecting on these stairs can pose a significant hazard. Outdoor stairs must be designed appropriately and built with anti-slip materials. Since they are exposed to the elements, outdoor stairs are likely to break or suffer other types of damage. Damaged stairs should be fixed within a reasonable amount of time or warning signs should be placed at the location to caution visitors. Building codes require handrails for certain types of stairs. There are also other codes that apply to the height and depth of stairs. If a fall or injury occurred as a result of code violations or dangerous construction, the property owner can be held liable in those cases as well.
Compensation for Trip-and-Fall Victims
Injured victims of trip-and-fall accidents can seek compensation to cover damages including, but not limited to, medical expenses, hospitalization, cost of surgery and physical therapy, permanent injuries, past and future pain and suffering, etc. If you or a loved one has been injured in a New York slip-and-fall accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options.
Our law firm recovered $1,700,000 for a woman who slipped and fell and received no hospital or medical treatment for one month after the accident. Please contact us 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com