Do I Have a Case if I Fall Down Stairs?
Falling down the stairs can leave you injured, incapacitated, and unable to work or perform routine activities. If someone else is at fault for the accident due to negligence or breach of duty, you can sue them. Speak to a trip and fall lawyer to help you navigate potential legal action. Here’s when you may have a case if you fall down the stairs:
When Someone Else Is At Fault
You have a case if you trip, slip, or fall down the stairs for reasons caused by someone else. Property managers are required by law to take reasonable action to keep visitors safe. Stairways must be properly installed following current building codes. The depth and height of all steps must be consistent throughout the stairway. Damaged steps, handrails, and railings must be repaired on time. The stairway must be properly lit and free of clutter, loose debris, and cords that might cause trip hazards. If the property owner can’t fix potential hazards, they must provide conspicuous signs to warn users.
Failing to repair issues and provide warnings is interpreted as negligence or breach of duty of care by the property owner. A trip and fall lawyer can build a case to prove the property owner’s fault in the incident. Proving fault involves establishing a duty of care. Property owners are obliged to provide safe conditions for licensees, invitees, and children trespassers drawn by attractive nuisances. They breach this duty of care when they allow unsafe conditions like broken steps, poor lighting, clutter, and wet surfaces. Violating building codes also makes property owners liable for accidents caused by poor standards.
When the Fall Causes Damages
Falling down the stairs can result in bodily injuries, property damages, loss of income, and emotional pain and suffering. Such accidents may cause ankle sprains, muscle tears, fractures, spinal injuries, and traumatic brain injuries. Some injuries leave you disabled, impacting your job and the quality of life you live afterward. You can take photos of the injuries sustained before leaving the premises. Gather witness statements if possible and report the incident to the property owner. You should also see a doctor immediately to get a professional evaluation.
Courts only grant settlement verdicts for cases involving damages directly linked to the incident. If the fall doesn’t result in any bodily injuries or property damages, the property manager may still be liable for punitive damages. Your lawyer can also file a suit for emotional distress caused by the trauma of falling down the stairs. Trip, slip, and fall cases are predicated on the property owner’s negligence or breach of duty, leading to accidents that cause damages. The property owner isn’t liable for pre-existing injuries and damages not tied to the accident.
When You Have Adequate Evidence
All lawsuits, including personal injury claims, require evidence that helps the courts assign fault. If someone else’s negligence leads to the accident, your lawyer must prove this beyond any doubt. Some cases involve shared fault, meaning you’re partly to blame for the accident. Such cases often result in partial payments or no settlement if you’re primarily to blame. Your lawyer needs evidence that shows the property owner’s negligence. Evidence includes witness statements and photos or videos of unsafe conditions like missing railings or uneven steps.
Other proofs include photos or videos of sustained injuries, medical reports, and receipts of medical bills and related payments. If you’re suing for emotional pain and suffering, the court needs evidence from those who saw you go through distress. Get statements from the nurse who treated you or friends, colleagues, and family members who visited. Document the incident and gather as much evidence as you can to help the lawyer file a strong case. Report the incident and speak to a lawyer early in the process to help with evidence gathering.
Find a Reputable Trip and Fall Lawyer Today
Falling down the stairs may impact your life forever and requires comprehensive medical evaluation. Speak to a legal team to handle the personal injury claim as you recover from the incident. Contact a trip and fall lawyer today to learn more about your case and legal options.
