Stair Accidents: Proving Fault

Stair Accidents: Proving Fault is a post from: http://www.personalinjurylawyercalgaryinc.ca/

When involved in a stair-related accident for which you have sustained injury, illustrated below is the process that will tell you if the property owner bears fault.

Slipping and/or falling on a staircase is a considerably common occurrence. Are you aware that the owner of the property where the staircase in question resides is often liable for these injuries? Staircases present a number of dangers in addition to simply slipping, tripping, or falling on them. Some of these dangers are obvious, while others are less so.

Liability – Slip & Fall Accident Injuries

When questioning liability for injuries incurred during a slip and/or fall accident on the property of another, the following features apply.

- The premises owner or an entity employed by the owner must have caused or failed to maintain the item or area responsible for the injury such as an ignored spill, an obstruction, a negligence in repair or maintenance, or another similar scenario causing an unsafe area to those who encounter it.

- The premises owner or entity employed by the owner had prior knowledge concerning the dangerous area and no action was taken by the owner or entity to remedy the problem.

- Assuming the owner was reasonably aware of danger, said owner or entity employed by the owner must have responsibly flagged residents, workers, or patrons of the dangerous area until future maintenance, replacement, or repair could be completed or delegated competent staff to take such an action, making the discovery of the problem clear, resulting in an awareness of the danger of the item in question. An example of this would be putting up a clear sign that the area was off limits such as a “slippery when wet sign”, issuing a letter by mail, or by verbal warning.

- Be mindful that additional considerations in the vast majority of slip and fall cases will be considered by the insurance company or court involved in the case in question. These entities will surely consider the possibility that carelessness by you may have contributed to the accident. Legal considerations of comparative negligence will gauge your own negligence, if any, and if it played a part in causing your injuries when you chose to enter the scene of the accident resulting in injury.

In addition to ordinary considerations in slip and fall cases, stair accidents are often more intricate. Stairs present fundamental dangers that differ from level surfaces. Further, defects on stairs can be remain hidden even after the accident. Making a concerted effort to establish what led to the accident as a result of how the stairs should have been maintained or constructed is prudent. Some additional considerations to what caused the incident are highlighted below.

Slippery Surfaces

- A common danger present on stairs are carpet runner(s), which are generally constructed from fabric or wood as well as worn down carpeting and wood on stair structures. When your foot lands on these structures that are not properly maintained, accidents can happen. Often, a slightly worn surface on stairs, whether it be wood or carpet, is even more dangerous than blatantly obvious problem, because danger is less apparent and less care may be taken when utilizing these surfaces.

- Some stairs are constructed with tile or polished wood for aesthetic purposes. These types of stairs are considerably more slippery than stone, carpet, or painted wood. Falling on these types of stairs may be the liability of the owner of the property on which the stairs reside.

Wet or Icy Outdoor Stairs

- Rain, snow, or ice present on stairs that are located outside significantly increases accident risks. Although it is required to be more cautious than usual in these precarious weather conditions, this responsibility does not cease the question of the owner’s negligence.

- Outdoor stairs require proper construction and maintenance to avoid excessive buildup of water or ice and should be constructed in a nature that is not conducive to further slippery properties than necessary when stairs become wet. If you slip on such a surface with excessive buildup, the owner is likely liable for your injuries especially if you fall on stairs without an anti-slip surface.

Building Code Violations

- In every locale exists a legal code of how building projects should be constructed and maintained. Property builders and owners must strictly adhere to these codes. These codes illustrate rules outlining how stairs are to be legally constructed and maintained. More specific considerations involving stairs are highlighted below.

Handrails

- Often building codes require handrails for specific types of stairs. In the event that your fall on stairs requiring a handrail in building codes was caused by a lack thereof, the owner is likely liable for your injuries. Additionally, building codes often require dimensions of these handrails in consideration of proper installation. Reaching for a handrail that is the wrong size can alone cause or can contribute to an accident.

Improper Stair Height or Depth

-The vertical and horizontal parts each steps are called “risers” or “runs,” respectively. Building codes prescribe a maximum and minimum measurement for height and run depths of risers. Measure the risers and runs and compare the numbers with building code requirements. If either the riser or run violates the code, the stairs in question are defective.

-Once demonstrated as defective, determine how the defect caused your fall. Consider that the building owner’s insurance company has the burden of demonstrating that you fell because of your own negligence. Therefore, the building code violation will likely support a favorable settlement for you.

Uneven Stair Height or Depth

- Building codes prescribe the maximum variance in the height or depth of any one step from another. The variance standard is imperative due to the fact that when traveling up or down stairs, our brains remember how far the last step was and instinctively instructs our legs to move the same distance when climbing or descending the next step. If the leg moves the same distance, but the step is not uniform in construction, however slightly, its probable balance will be lost and an accident can occur.

Researching Building Codes

- To find your city or county building code, visit your local library, law library, or county building department. You can find your state building code within your state’s laws

- Carefully search for building code requirements for stairs to determine whether the stairs that caused your accident fail to meet specifications present therein. If your fall occurred on or was worsened by a stair or a part of a set of stairs that failed to meet building code rules, you have a strong argument that the stairs were dangerous. This fact stands even if the discrepancy includes a small differential as this can make a set of stairs very dangerous.