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?
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 such requirements have not been met by the constructor or the stairs haven’t been maintained clean and in good repair by the house owner, such circumstances can lead to the latter’s responsibility for the occurred accidents. Thus, the stair accident claims shall be based on negligence or product liability of:
Let’s examine the grounds for the liability of each of them.
If the requirements to the stair haven’t been maintained and the injury has been caused as the result of defective stair surfaces, defective rails, the manufacturer/seller shall be liable for such defects and the injuries caused in their result under product liability laws. In other words, under such laws, the liability arises for anyone, who:
In order for liability to attach on a stairway manufacture, designer, seller, distributor or contractor the Plaintiff must prove the following elements:
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.
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, such compensation shall be covered by the owner’s insurance policy, however, if the policy is not enough, the owner shall pay “from his own pockets”. The following factors are often taken into account for determining the owner’s liability:
A injured party in a stairway slip and fall accident has a number of remedies. An injured party is entitled to compensation for the following expenses:
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.
If you or your loved one had a stairway accident, contact our Los Angeles premises liability attorneys today at (310) 943-1171 for a free constellation and case review.
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