How to Get Compensation for Stairway Accident Injury

Have you ever thought that there are special requirements for building stairs or stairwells? Almost everyone has slipped on stairs and even fell, some of us have got serious injuries and some of us, fortunately, don’t break any bones. Is it possible to get compensation for being damaged in a stairway accident or what has happened is only your fault?

Who is Responsible for a Stairway Accident?

As mentioned already, there are special requirements for stairs under California Residential Code. These requirements concern the width and height of such stairs, tread depth, slip resistance, etc. This means that if the constructor fails to meet the requirements or the house owner doesn’t maintain the stairs clean and in good repair, the house owner may be responsible for the accidents. Thus, the stair accident claims shall be based on negligence or product liability of:

• the construction companies;
• property owners;
• designers or architects.

Let’s examine the grounds for the liability of each of them.

1. Manufacturers/Sellers/Constructors Liability for Stairway Injury

If the stairs haven’t met the requirements and the injury results from defective stair surfaces or rails, the manufacturer or seller is liable for the defects and injuries under product liability laws. In other words, under such laws, the liability arises for anyone, who:

• constructs stairways;
• manufactures stairways;
• designs stairways,
• sells or distributes stairways

What are the Elements That the Plaintiff Must Prove for Liability to Attach?

In order for liability to attach on a stairway manufacture, designer, seller, distributor or contractor the Plaintiff must prove the following elements:

• the defendant was the manufacturer/designer/seller of stairways;
• the defendant owed a duty of care to the injured party which was breached;
• the stairway was defective after leaving the possession of the stairway manufacture, designer or seller; and
• the accident occurred due to the defects of stairs and not the negligence of the plaintiff

Stairway Accidents Caused by a Constructor’s Employee

Often times, it can be more problematic to recover damages from an employee of a company, rather than the construction company itself. However, the corresponding legal regulations provide the possibility to recover damages from the employers for negligence of the employees, because the employer shall be vicariously liable for such actions. It is just essential to prove that the negligent employee while constructing the stairs, was acting within the scope of his employment.

2. Liability of the Property Owner of the Defective Stairway

Can a property owner be liable for the damages to the victim? Yes, a property owner has a duty of care for keeping the property in a safe condition. Duty of care is shown by either fixing the issues with the stairway or at least warning the persons about the problems. Thus, if such actions have not been conducted and as a result, an accident took place, the property owner will be held liable for compensating the damages. Generally, the owner’s insurance policy covers such compensation. However, if the policy is insufficient, the owner must pay “from their own pockets.” The following factors are often taken into account for determining the owner’s liability:

• the likelihood and seriousness of injury because of the defects of the stairs;
• the degree of control over the property and the burden to take measures to avoid the risks of the accident;
• direct cause of injury by the owner’s negligence

What Remedies are Available for Stairway Accidents?

A injured party in a stairway slip and fall accident has a number of remedies. The injured party can receive compensation for the following expenses:

• out of pocket expenses;
• compensation for medical and ambulance expenses;
• compensation for temporary or permanent loss of earning capacity;
• compensation for funeral or burial expenses as well as loss of financial support in case of a wrongful death lawsuit filed by a surviving family member for a dead victim of stairway accidents.

Of course, often times, the insurance company will try to blame you for the occurred accident for at least sharing the expenses and not compensating you the whole amount. As such, collecting valuable evidence such as photos or videos of the stairway, details of witnesses of your stairway accident, your medical record of treatment after the accident is very essential. Getting professional legal assistance will help you to efficiently plan your steps for getting the compensation.

Los Angeles Premises Liability Attorney

If you or your loved one had a stairway accident, contact our Los Angeles premises liability attorneys today. KAASS LAW (310) 943-1171 for a free constellation and case review.