In some instances, when someone falls down the stairs, they may be able to walk away from the incident with nothing more than a bruised ego. However, others are not as lucky and can endure serious, sometimes fatal, injuries. Often, unsafe stairs are the cause of these incidents. It is important to understand that you do not have to bear the burden of someone else’s negligence in these matters, as connecting with our Irvine stairway accident lawyers can help you understand your legal options. If this reflects your circumstances, keep reading to learn more about what makes stairs unsafe and who can face liability for the damages you have sustained.
In general, there are several factors that can render a stairway unsafe for use. Hazards can range from poor design and building code violations to a lack of maintenance or items left on the steps. Unfortunately, even a seemingly minor defect may become incredibly dangerous when combined with other factors, like broken handrails or poor lighting.
Generally, improper maintenance is one of the leading causes of hazards, but improper construction can also assume some of the blame in these circumstances.
Understanding the difference in these hazards is critical, as it may ultimately determine who can face liability for the injuries and damages incurred as a result.
Unfortunately, there are a number of locations in Irvine and throughout the surrounding Orange County area where you may suffer a stairway injury. Common locations where claims arise include:
Unlike slips and falls on flat ground, injuries on stairs can be more severe due to the repeated impact. The National Safety Council lists stairs, ramps, landings, and floors as one of the most common causes of injuries, with an estimated 3.1 million injuries each year.
It is important to understand that if you are injured, you may be able to pursue damages against the negligent party for their actions. If this occurs, it is in your best interest to discuss your circumstances with an experienced attorney who can help guide you through these difficult times.
Depending on the circumstances of your accident, liability can fall on a number of different parties. You must determine who had control over the property and who created or failed to identify and remedy the hazard prior to your injury.
In general, the property owner where the accident occurred can face responsibility because it is ultimately up to them to ensure that the stairs on their property are safe and properly maintained. This is because property owners are required to take reasonable steps to:
However, you may find that the contractor who built the stairs can face liability, as it is their responsibility to ensure the stairs are constructed according to local codes, such as:
In some instances, both the property owner and contractor can face liability for the injuries someone sustains while using the unsafe stairs.
It is imperative to understand that your status as a visitor on the property can impact the outcome of your case, as the duty of care you are owed will vary based on whether or not you are an invitee or licensee.
Invitees are owed the highest duty of care, meaning property owners must take reasonable steps to inspect the property for hazards or unsafe conditions and remedy them as quickly as possible. Common invitees include:
Licensees are social guests, and as such, are not owed the same high duty of care. However, property owners must still take steps to warn guests of hazards on the property that are not obvious or evident. Licensees typically include:
California adheres to the comparative negligence statute. This essentially means that you are eligible to recover compensation for your injuries even if you contributed to the accident, but your compensation will be reduced by your percentage of fault.
For example, if you fell down unsafe stairs but you were on your phone at the time, you may be held 10% responsible for the accident. As such, your compensation award would be reduced by 10%.
If you have suffered injuries from a slip and fall down unsafe stairs, it is imperative to understand that you do not have to bear the financial burden incurred by someone else’s negligent actions.
Economic damages reflect the monetary losses you have incurred as a result of your injuries, such as:
These are subjective losses that may not be easily calculated. Non-economic damages include:
When you are injured due to inherently unsafe stairs, understanding your legal options is critical. Generally, the most important thing you can do to protect yourself is connect with an experienced attorney at the California Personal Injury Law Firm, APC. We understand how complicated these matters can be, which is why our firm will do everything possible to guide you through these difficult times. Contact us today to learn how we can fight for you.
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