1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

Dangers that May Be Found in Stairways

Posted on in Personal Injury

California injury lawyer, California accident attorneyAn accident that takes place in a stairway or stairwell can be more dangerous than a fall on a flat surface. If the fall occurs while the victim is descending, he or she could fall at a faster speed. If the fall occurs while the victim is ascending, there are numerous objects that could cause more injury like handrails or the steps themselves. As attorneys who have represented many slip and fall victims, we see several common stairway hazards that cause severe and painful injuries.

  • Uneven steps. Steps should be uniform in height;
  • Poorly lit steps. Stairwells often do not have the proper lighting making it difficult to see;
  • Wet steps. If there is a spill or if the steps have been recently mopped, warning signs should be posted;
  • Slick steps. If needed, steps should have adequate non-slip tape. This tape should be replaced as frequently as needed and should not be worn down;
  • Unmarked steps. Sometimes a small step or set of steps will be unmarked. Uneven steps should also be marked; and
  • Lack of handrail. Typically, there are regulations in place that require handrails. These handrails must be properly maintained and should be secure. They also should be placed at a specific height and more than one handrail may be required for wider stairways.

When Is Someone Responsible for My Stairway Fall?

All business owners and homeowners owe a duty to provide visitors with a reasonably safe environment. The biggest hurdle for a fall victim in proving a claim is typically the “notice requirement.” This requirement means that the owner must be aware or should have been aware of the dangerous condition.

For example, if someone spilled a slippery liquid on the floor stairwell five minutes before you fell, a court would likely not find that the owner would be liable because it would be unreasonable to assume that the owner should have known about the condition. In other fall cases, such as when the steps are not uniform or not marked, notice may be easier to prove.

Contact a San Jose, CA Slip and Fall Attorney

Simply because you fall and are injured does not mean that another party is liable for your injury. Slip and fall cases should be evaluated by an attorney to determine if you have an actionable claim. If our firm believes you have a viable case, we do not charge attorney’s fees upfront. This means that unless you receive compensation, we do not get paid for our legal services. The qualified San Jose slip and fall lawyers at Jachimowicz Law Group can be reached at 408-246-5500.

 

Source:

https://www.cdc.gov/niosh/docs/2011-123/pdfs/2011-123.pdf

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top