Who Is Liable for My Stairwell Injury?

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

If you are 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 this 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 confirm that the construction company was negligent and did not follow the building code in a court of law.

Liability for Stairwell Injury

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

  • The property owner was negligent, which led to the damage and potentially harmful State of the stairwell.
  • The property owner was well aware of this State but did not act to remedy the situation.
  • The property owner 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 property owner 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 your carelessness contributed to your injuries, the amount you receive as compensation will be reduced accordingly.

Compensation for Damages

If you prove in a court of law that the slip and fall injury 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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