Can You Sue for Falling Down Stairs?
- You can sue for compensation if you were hurt falling down stairs, especially if your injuries are severe.
- Depending on the liable party in your case, you may have as long as two years or as little as six months to file a claim.
- An experienced California personal injury attorney can help you determine whom to sue and how much your claim may be worth.
It is possible to sue for falling down stairs if your accident and injuries have resulted from another person’s negligence or misconduct.
Many potential injuries can result from a stair accident, and many parties could be liable for your injury. For example, if you suffered a broken ankle because a property owner failed to address a staircase that was in dangerous disrepair, you could sue them for damages.
Some common injuries experienced by stair accident victims can be catastrophic, such as severe bone fractures, head and brain injuries, and spinal cord injuries, among other serious conditions. If your stair accident injury is severe, it’s in your best interest to file a claim for compensation so you aren’t stuck with extensive medical bills.
- Common Causes of Stair Accidents Due to Negligence
- Who Can Be Held Responsible for Stair Accidents?
- Can You Sue the City for Poor Stairway Conditions?
- Compensation for Falling Down Stairs
- What Evidence Can Help Support Your Stair Accident Claim?
- How Cutter Law Can Help Injured Victims of Stair Accidents
How Cutter Law Can Help Injured Victims of Stair Accidents
Stair accidents can occur because of negligence by a party involved in the staircase’s design, installation, repair, or maintenance. Common causes include the following:
- Lack of handrails
- Worn or damaged stairs
- Poor lighting
- Missing steps
- Slippery conditions.
Who Can Be Held Responsible for Stair Accidents?
Depending on what caused the staircase’s dangerous condition, various parties can be potentially liable for a stair accident.
Property Owners
Property owners owe certain duties to guests, residents, customers, and other parties who enter the property with the owner’s consent. Unfortunately, it’s not uncommon for property owners to neglect certain conditions that make the property unsafe for guests. For example, a property owner might fail to maintain a staircase adequately, leaving it damaged, poorly lit, or slippery. All of these conditions can cause injury.
Contractors and Construction Companies
Sometimes, staircase hazards result from how the staircase was built or installed. For example, a reasonably well-maintained staircase could still have uneven steps, a poorly installed railing, or other construction defects that can cause a fall. In such a case, the at-fault party may be the contractor or construction company that built or repaired the staircase.
Designers and Architects
If a staircase is poorly designed or placed in a building in a way that causes injury, the designer or architect who helped create the building may be at fault. They may leave off a handrail for a staircase or place the staircase somewhere likely to cause a tripping hazard. A designer or architect could be liable for such architectural flaws.
Maintenance Companies
Many property owners work with maintenance companies to keep their buildings in good condition. These companies are responsible for keeping structures such as staircases safe. If a maintenance company did not repair a flaw it should have known about, such as by failing to change a light or replace a warped stair, it could be at fault for a resulting stair accident injury.
Manufacturers
Sometimes, a product manufacturer might be liable for a stair accident. For example, a property owner might have installed anti-slip treads on a staircase under the impression that they would prevent slipping. However, the anti-slip treads were poorly made and nonfunctional, sliding off the steps and leading to injuries. In this case, the tread manufacturer may be liable for injuries because the property owner reasonably relied on the assumption that the product would do what it was supposed to and protect visitors.
Can You Sue the City for Poor Stairway Conditions?
It’s possible to sue the city or other local government for a stairway accident if the stairs were on public property, such as a school, government building, or local park.
In California, such claims fall under the California Tort Claims Act, or CTCA. Under that law, you must file a claim within six months of the accident. For a government entity to be liable, you must show that a dangerous condition existed and the entity knew or reasonably should have known about it.
An experienced personal injury attorney can determine if you’re eligible to file a claim against the government under the CTCA.
Compensation for Falling Down Stairs
You can pursue two primary types of compensation for falling down stairs: economic and non-economic damages.
- Economic damages cover financial losses you suffered from your injury, including medical bills, lost wages, lost earning capacity, and property damage.
- Non-economic damages cover losses without a specific financial value, such as pain and suffering or loss of enjoyment of life.
Damages for a fall case can be substantial. Cutter Law attorneys Brooks and Margot Cutter recently secured a $10 million settlement for a trip and fall accident that severely injured a client. A Cutter Law attorney can analyze your case and estimate its value.
What Evidence Can Help Support Your Stair Accident Claim?
Evidence to support a stair accident claim might include the following:
- Medical records
- Photos and video footage of the accident scene
- Eyewitness testimony
- Building inspection reports
Collecting evidence alone can be difficult, especially when you’re recovering from a serious injury. Your lawyer can investigate the accident site and gather the evidence needed to prove your claim.
How Cutter Law Can Help Injured Victims of Stair Accidents
If you were injured in a stair accident, you might be entitled to compensation. The California personal injury attorneys at Cutter Law can help.
You have a limited amount of time to file a claim after being hurt in a stair accident. The statute of limitations for personal injury claims in California is two years from the accident date. However, the deadline is just six months for claims against a government entity over an accident on public property. After the statute of limitations for your claim has expired, you permanently lose the right to sue.
A Cutter Law attorney can help ensure you don’t miss critical filing deadlines and lose your chance at compensation. Our family-owned firm puts our clients first in everything we do. Contact us online today to schedule your free legal consultation. Ofrecemos servicios en español.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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