Staircase accident, slips, trips and falls, are very common. In fact, thousands of people each year are injured in these accidents. Just as other slip and fall cases, property owners are liable for the injuries sustained in a staircase accident. However, there are a number of additional dangers presented by staircases that are not there in other personal injury cases. Some of these are highly obvious ones, while other are hidden. Thus, special consideration needs to be given to these cases to determine which party is at fault.
Did you recently have a staircase accident? Are you not sure how to proceed with the process and whether or not the property owner was at a fault? It is best to consult with a highly experienced personal injury attorney in Ohio who will give you the right legal advice on how to proceed with your case. Our slip and fall injury lawyers in Ohio are highly experienced in their field and can help you determine the liability in these slip and fall accidents.
Liability in Slip and Fall Accidents
For someone to be held legally responsible for the injuries you have sustained in a slip and fall accident on someone else's property, one of the following cases needs to be proved:
· The hazard (spill, torn or worn out spot, dangerous item or surface, slippery surface) was caused by the property owner
· The property owner or someone in charge of the property knew about the danger and still did nothing to prevent it
· The person in charge of the property should have known about the hazard as any reasonable person would have not only discovered the danger and would have removed it
Just as in any other slip and fall case, the court or the insurance company will closely consider all the aspects of your case and that contributed to the injury. The will also look for all kinds of factors which are helpful in proving who was at fault in the entire scenario. They will determine whether it was your own negligence and carelessness that resulted in the injury or was it a fault of the property owner.
As mentioned before, there are many different things to consider in staircase slip and fall accidents that are not common in other such incidents. Thus, you need to make an active effort to find out what exactly happened. Here are some additional things you need to look for if you have had a staircase accident.
One of the most common dangers on a staircase is worn out carpet or wood making up the "run" part of the stairs. This is the part of the stairs where your foot lands. Slightly worn out wood or carpet is more dangerous than the one that's completely worn out as it is not easy to notice by the people walking up or down the stairs. There are some stairs made from highly polished materials which make it much more slippery than the normal ones. In such cases, the owner can be held liable for giving preference to beauty over safety.
Icy or Wet Outdoor Stairs
Ice, snow or rain collecting on the stairs located outside the buildings also are a hotspot for slip and fall cases. While it is the duty of everyone to take extra precautions in such conditions, the property owner cannot be barred of the responsibility altogether as well. It is the responsibility of the property owner to maintain the outdoor stairs as well and keep them free of all kinds of hazards.
Violation of Building Codes
There are building codes and laws in each state that need to be strictly followed by the property owners and builders. Here are some common building rules when it comes to building stairs in any property.
Many building codes require the builder to build handrails for certain kind of stairs. If there are no handrails and you slip and fall off a staircase, the builder and the property owner can be held liable for your injuries. These handrails also need to be of a certain width and length to ensure maximum protection for the users.
Improper Depth or Height
The horizontal and vertical part of a staircase need to be within a specific height and depth for it to be safe for use. It is necessary to build your staircase in accordance with these building codes as failure to do so can result in a liability against the property owner and the builder. However, just proving that the staircase was incorrectly built is not enough. You need to prove that it was not your negligence and carelessness that led to the slip and fall accident. But, unless the defendant is able to clearly prove that it was your fault, violation of these building codes is enough to get a settlement in your favor.
It is very important to have a seasoned and experienced personal injury attorney by your side when you are claiming for a slip and fall case in a staircase accident. At Christopher Jackson Law, we have years of experience dealing with personal injury cases and have resolved many such cases with our expertise. We are one of the most experienced personal injury lawyers in Ohio. You can get in touch with us for a free consultation before we go on and decide what needs to be done in your case. Get in touch with us today to find out how we can help you in your personal injury cases including but not limited to slip and fall cases. Call us at our toll-free no: 513-861-8000.