Stairway Accidents in California

Stairways, a seemingly mundane part of our everyday lives, can pose significant hazards if not properly constructed or maintained. A simple misstep on a faulty staircase can lead to devastating injuries, including broken bones, spinal cord injuries, and traumatic brain injuries. In California, property owners have a legal responsibility to ensure the safety of their premises, including stairways. If you’ve been injured in a stairway accident, understanding your rights and the complexities of premises liability law is crucial. At KAASS Law, we are committed to helping victims of stairway accidents seek justice and obtain the compensation they deserve.

Some Common Reasons for Stairway Accidents

Here are some specific reasons that most stairway falls occur:

• Defective steps
• Slippery surfaces
• Inadequate lighting
• Icy or wet stairs
• Uneven stair height or depth
• Improper riders
• Faulty or damaged steps
• Defective handrails

Common Injuries Caused By Stairway Accidents

• Bruises and cuts
• Concussions or head injuries
• Muscle sprains and strains
• Soft tissue damage
• Broken bones
• Neck or back injuries

California Safety Regulations for Public Stairs

Falling on a stairwell can result in serious injuries or even death to the person. California has a number of safety code regulations concerning staircases. Common safety regulations include:

• Stairs serving an occupant load of more than 50 must have a width of at least 44 inches:
• Private stairways serving an occupant load of fewer than 10 must have a width of at least 30 inches
• Each step in a stairway must be between 4 and 7 ½ inches tall
• Each step must have a depth of at least 10 inches
• Private stairs serving less than 10 individuals and stairs leading to unoccupied rooftops may have stairs with a maximum height of 8 inches and a minimum depth of 9 inches.
• All stairs must be slip-resistant
• All stairs must be clear of all obstacles and be in good repair
• Circular stairways must have a minimum stair depth of 10 inches
• Every building with 4 or more stories must have an exit to the roof from one set of stairs
• Stairways must have at least 6 feet 6 inches of headroom from the step to the ceiling:

What Must the Plaintiff Prove in a Stairway Accident?

To prove the property owner’s fault the plaintiff must be able to establish the following:

• The owner of the premises or an employee of the owner caused the spill, worn or torn spot, or another dangerous stairway condition
• The owner of the premises or an employee of the owner knew or should reasonably have been aware of the dangerous condition but did nothing about it
• The owner of the premises or an employee neglected to remedy the stairway dangerous condition
• The injury incurred by the plaintiff was a direct result of the dangerous condition.
• The plaintiff suffered injury as a result of the dangerous condition of the stairways.

The court also takes into consideration whether the plaintiff had a reasonable purpose for being on the stairs, was acting recklessly and his carelessness contributed to the accident.

Premises Liability: Who is Responsible?

California law operates under the principle of “premises liability,” which holds property owners and occupiers accountable for maintaining safe conditions for visitors on their property. This includes:

• Invitees: People who are invited onto the property for business purposes (e.g., customers in a store) or for the mutual benefit of the owner and the visitor (e.g., guests at a social gathering).
• Licensees: People who are allowed to enter the property for their own purposes with the owner’s permission (e.g., a delivery driver).
• Even Trespassers: In certain circumstances, property owners may owe a duty of care to trespassers, particularly if the trespasser is a child or if the owner knows about a dangerous condition on the property.

Comparative Negligence in California

California follows a “pure comparative negligence” rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your degree of fault. For instance, if you are found 20% at fault, your damages will be reduced by 20%.

Statute of Limitations

In California, you generally have two years from the date of the accident to file a personal injury lawsuit for a stairway accident. It’s crucial to act promptly to avoid losing your right to seek compensation.

KAASS Law: Your Advocate in Stairway Accident Cases

Stairway accident cases can be complex. Proving negligence and navigating insurance claims requires legal expertise. An experienced personal injury attorney can help you:

• Investigate the accident: Gather evidence, interview witnesses, and consult with experts to build a strong case.
• Negotiate with insurance companies: Deal with insurance adjusters and fight for fair compensation.
• Represent you in court: If necessary, file a lawsuit and represent your interests in court.

If you’ve been injured in a stairway accident in California, don’t hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet.

If you or a loved one has been injured in a stairway accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation.