Health

Who Is Liable for My Stairwell Injury?

Hundreds of people are injured every day due to slip and fall accidents on stairs. These accidents can occur anywhere, from your workplace to a restaurant or shopping mall. Quite often these accidents result from a defective or broken stairwell that has not been repaired or maintained appropriately.

If you find yourself involved in a slip and fall accident on a stairwell that leads to significant physical injury, you can file a personal injury lawsuit. However, depending on different circumstances, the premises liability claims can differ. At which point it is in your best interest to determine who is responsible for your slip and fall injury in the stairwell so that you can receive the compensation that you legally deserve.

Causes of Stairwell Injury

Slip and fall accidents that occur on stairwells commonly result from one of the following:

  • Wear & Tear: Wear and tear in the stairs due to regular use, if not maintained by the establishment owner, can lead to slip and fall accidents.
  • Slippery Stairs: Spilling fluids over the stairs can lead to slip and fall accidents. These accidents are often partly the fault of the injured party.
  • Weather Conditions: Weather conditions, like snow and rain, might make stairwells unfit for use due to the danger of slipping.
  • Violation of Construction Codes: If the building violates the construction codes of the State, it becomes easier to prove that the owner of the property was at fault for the accident. Similarly, you may also prove in a court of law that the construction company was negligent and did not follow the building code.

Liability for Stairwell Injury

In case you incur serious physical injury as a result of a slip and fall accident on someone else’s property, you might be entitled to compensation if you can prove that you were not liable for the accident. To hold the owner of the property was responsible for your injuries, you must prove one of the following:

  • The owner of the property was negligent, which led to the damage and potentially harmful state of the stairwell.
  • The owner of the property was well-aware of this state but did not act to remedy the situation.
  • The owner of the property should have been made aware of the potential danger of the situation by an employee at the establishment.

Comparative Negligence

In addition to seeing whether or not the owner of the property was at fault for the slip and fall injury, the rule of comparative negligence applies to every such case. Comparative Negligence means that the court or insurance provider will assess the level of carelessness on your part, if any, that led to the accident.

In case it is discovered during the investigation that it was your carelessness that contributed to your injuries, the amount you receive as compensation will get reduced accordingly.

Compensation for Damages

In case you successfully prove in a court of law that the slip and fall injury that occurred on a stairwell did not result from your carelessness, you might be entitled to financial compensation. The compensation you receive for the damages might cover medical bills, the cost of emergency medical assistance, physical therapy, lost wages, and pain and suffering resulting from the accident.

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