Slips and Fall are always unfortunate, but accidents on stairwells can be especially dangerous due to the possibility of tumbling down the steps. Stairwell-associated slips and falls often occur when there is a defect on the surface of the stair, such as a slippery surface due to water or oil, an uneven step, or a faulty stair rail. It’s also important to note that the stairs are consider a common area of the property, and so it is the responsibility of the property owner or manager to inspect the area regularly and make sure it is up to safety standards. If they are not doing their job and not doing the regular upkeep, then it’s suggested to seek legal action.
When stairwell fall accidents occur due to negligence on the part of the property owner, they may be held liable for any medical costs or other damages resulting from the incident. To qualify as a valid slip and fall case, there must be evidence of negligence on the property owner’s part, such as failing to repair a broken stair rail or not keeping the area free of hazards. Seeing that negligence is a key factor, it’s important to collect evidence that can prove the property owner was at fault. This includes photos of the affected location and any witnesses who can attest to the condition of the area before the accident.
Filing a Lawsuit
Several factors may influence how much a plaintiff can receive from a slip and fall accident lawsuit. These include the severity of the injury, medical expenses associated with the incident, lost wages due to not being able to work, as well as pain and suffering. Generally, you must show four main elements to win a lawsuit: duty of care, breach of duty, causation, and damages.
We have seen how duty of care is established by the property owner, and breach of duty is shown when there is evidence of negligence. Causation can be established if it can be proven that the accident would not have occurred had the conditions been different – i.e., if proper safety precautions were taken. Lastly, damages refer to any medical costs or other losses resulting from the incident. Additionally, you’ll have to show that you were not the one to blame for your accident. This can be done by proving that you were exercising reasonable care and caution when using the stairwell.
To be sure that you have a valid case, it’s best to consult with an experienced personal injury attorney. In addition to reviewing your situation, they will also help you navigate the legal process and ensure that your rights are protected. Some of the common legal remedies that may be available to you include monetary compensation for medical costs and other financial losses, as well as punitive damages.
In the end, you qualify for a stairwell slip and fall claim if it can determined that a property owner was responsible for the accident. Several factors, such as negligence, causation, and damages must be taken into consideration when filing a lawsuit. Accidents can happen but if you can prove that this could have been avoided it’s best to seek compensation. To ensure you have the best chance of success, it is advisable to consult with an experienced personal injury attorney who will help you navigate the legal process.