North County Stairway Lawyer
Every day, North County San Diego residents and visitors use stairways, whether at home, on the job, in a hotel, or in a retail establishment. When we use stairways, most of us do not think about the serious risks of injury. However, more injuries happen on stairways than you might think. In some cases, a stairway fall may have nothing to do with the property owner’s attention to maintaining the staircase in a proper manner. For instance, maybe a person was sending a text message or browsing a website while walking up or down the stairs, and that distraction led to a trip and fall. However, in many instances, stairway accidents happen because the property owner failed to take precautions.
When a stairway accident results in serious or life-threatening injuries, it is important to learn more about seeking financial compensation for your losses. Under a theory of premises liability, you may be able to hold the property owner responsible for the unsafe condition that led to your stairway fall. A North County stairway accident lawyer can help with your case.Getting the Facts About Stairway Falls and Home Accidents in Escondido
According to a report from Cornell University, tens of thousands of Americans suffer deadly injuries in accidents in the home every year, and more than 900,000 people sustain injuries related to stairways and steps. An overwhelming majority of those fatal injuries are falls, and many of them occur on stairways and staircases. What are some of the most common reasons that stairway accidents—including trips and falls—happen? The report lists the following:
- Articles left on the stairway that become tripping hazards;
- Broken tread on the stairway;
- Loose or torn carpeting in an indoor stairway;
- Tread eroded badly and in need of repair or replacement;
- No handrail to prevent a fall;
- Irregularities in the bottom or top risers; and
- Lack of adequate lighting to ensure that individuals using the staircase can see where they are going.
On average, about 80% of American homes and businesses have at least one of these hazards, which can lead to a serious staircase fall. More than 50% display at least two of the hazards listed above. It is the responsibility of property owners to ensure that their stairways are free from known hazards, and if they are unable to immediately repair a problem, they have a duty to warn others who may be using the staircase.Unsafe Conditions and Property Owner Responsibility in Poway
In order to have a successful premises liability lawsuit based on a stairway accident, a Poway plaintiff will need to be able to prove that the defendant (the property owner) was negligent. To show negligence with regard to unsafe conditions on a stairway, California law requires a plaintiff to prove the following:
- Condition on the stairway created an unreasonable risk of harm;
- Defendant knew about the condition on the stairway, or should have known about it as a result of exercising reasonable care; and
- Defendant failed to repair the condition on the stairway, to protect against the harm from the stairway condition, or to give adequate warning about the dangerous stairway condition.
Did you get hurt in a stairway accident? A North County premises liability lawyer can help with your case. Contact the Walton Law Firm to learn more about the services we provide to injury victims throughout the region, including San Marcos and Oceanside.