Defective Staircases: A Common Reason Behind Most Premises Liability Claims

If you have been searching about Premises Liability Claim and the most common reason behind it, you are not the only one! Let me give you an example of a place, for instance.

Van Nuys is a bustling neighborhood in Los Angeles. It is a place where people are constantly on the move.

With a mix of residential buildings, commercial properties, and office spaces, it’s an area that sees heavy foot traffic every single day. 

Needless to say, stairways are an unavoidable part of daily life in this part of town. And this is especially true since there are several multistorey buildings without elevators.

But what a lot of people don’t realize is just how dangerous stairways can be when they aren’t properly maintained.

Stairwells are one of the most dangerous areas of a building, and unless the property owner takes proper care of them, they can turn into serious hazards. 

Every year, thousands of people in Los Angeles suffer injuries due to defective stairwell design or poor maintenance.

These people typically turn to a seasoned premises liability attorney in Van Nuys to help them hold the property owner accountable, and you can too.

Understanding Premises Liability

Before talking about defective staircases and how to claim for this form of personal injury case, let me first talk about the category of this claim. And this is premises liability.

But what is that? Let me explain.

Premises Liability is basically the liability or responsibility of the owner of a particular property when people suffer an injury because of the unsafe condition of the building. The most common cause of such mishaps is generally lack of maintenance.

Now, you might ask, “Do people even file for premises liability claims?” While it might be a surprise to most of you, yes, they do.

Because injuries caused by premises responsibility are frequent, so are claims for premises liability.

But there is one thing that you need to keep in mind in such cases. The owner of the property is not liable indefinitely. They are only responsible and accountable for the accidents that could have been avoided if the building was maintained well.

“But doesn’t that mean the injured person is completely helpless and powerless?” No. Practical restrictions on premises liability, such as the level of insurance that a homeowner or business possesses, also exist.

Elements of Premises Liability

Now that you know what this form of personal injury liability is all about, let me explain the elements of such a case.

These are the main points that form the background of most legal claims. If you can ensure that all these elements are present in your case, I can guarantee you that you are about to win your case!

Here are the four elements that you need to know:

1. At the time of the injury, the defendant was the owner or occupant of the property.  A business owner may still be held liable for premises even if they only lease the space from a retail mall, for example. Here, “owner” refers to both owners and occupiers, including lessees, for simplicity’s sake.
2. Negligence, which generally translates to “carelessness,” was the defendant’s treatment and upkeep of the property. The victim can prove negligence even in the absence of proof of a safety law or regulatory breach by the defendant.
3. The victim was physically hurt. If so, they may also seek compensation for intangible harm like pain and suffering or mental distress.
4. The victim was hurt as a result of the defendant’s carelessness.

If the property owner (defendant) bears the liability for the dangerous premises, both parties then move on to negotiations and settlements.

Common Causes of Stairway Accidents 

People face injuries on staircases every day. And while some falls happen due to personal missteps, many are the result of hazardous conditions. These are the ones that anyone could have been easily prevented. 

Here are some of the most common reasons for stairway accidents:  

• Poor lighting  
• Slippery surfaces 
• Loose or broken steps  
• Obstacles on the stairs 
• Faulty stair risers 
• Worn-out carpets or flooring  
• Stairway collapse 

California Civil Code § 1714(a) and Premises Liability 

When it comes to premises liability and claiming it, you need to know that California law is rather explicit and clear about it. And according to California Civil Code § 1714(a), it is the duty of property owners to keep their premises safe.

So, what does this mean? This means they must take reasonable steps to fix and maintain the premises that they own.

Additionally, they should also take all the necessary steps to avoid an accident. For instance, these include fixing any kind of hazards and warning visitors of dangers. Additionally, it also includes ensuring that their stairways meet safety standards. 

Considering that someone gets hurt because of a property owner’s negligence in taking care of the building or staircase, you can hold the owner legally responsible for the injuries.

In other words, property owners must also be aware of potential risks in their premises. Additionally, they should take steps to prevent accidents before they happen.

If a stairway is poorly lit, the steps are worn out, or the handrails are loose, the owner should take action before someone gets injured. They might be sued for premises liability if they fail to do so and someone is harmed as a result.

However, there is something that you should keep in mind. This responsibility doesn’t just apply to obvious dangers. 

How Violating Property Codes Lead to Stairway Accidents and Premise Liability Claims

You must have heard that some buildings have business codes. Well, these are in place for a reason. These are there to keep people safe and prevent injuries.

People must follow strict regulations when building a staircase to ensure safety. These rules and regulations usually cover everything from how tall each step should be to how wide a handrail must be.

However, there are some property owners who blatantly neglect and ignore these requirements. And in case you are thinking why would they do so, it is for saving money or because they don’t take safety seriously.

Just like in any other place in Los Angeles, violations of the building codes and rules are the major cause of such personal injury cases in Van Nuys.

For instance, some of the most common violations include:

• Improper stair height: If the stairs are too steep or too shallow, it can be difficult for people to walk up and down safely.
• Uneven step height or depth: If one step is taller or deeper than the others, it can throw off a person’s balance and cause a fall.
• Lack of handrails: Handrails provide necessary support, especially for older individuals or those carrying items. Missing or broken handrails increase the risk of falling.
• Incorrect handrail height or width: Even when handrails are present, if they’re too low, too high, or too narrow, they fail to provide the needed stability.

These violations often go unnoticed until an accident happens. Property owners are legally required to follow these codes, and failing to do so can make them liable for any injuries that occur on their premises.

Premises Liability Claim Limitations You Should Know

When it comes to premises liability, you should keep in mind that most of the states follow the basic principle of comparative fault.

According to this, the injured person also had the responsibility of taking care of themselves when in the premises. In other words, the injured person also had a certain degree of responsibility (fully or partially).

You see, even if the injured person did not live on the premises and was only a visitor, they were responsible. It was their own duty to use reasonable care to keep themselves safe.

And considering this failure of the visitor, the claim or settlement amount will be reduced by their percentage of fault.

Let me give you a small example. Let’s say in a state that follows this comparative negligence policy, you are 10% responsible for the injury in a premises liability claim. The remaining 90% of the responsibility for the injury lies with the property owner.

Therefore, if you were about to get $100,000 as the claimant, you would only recover $90,000. You will only be able to recover the amount that the property owner was responsible for.

Read Also:

• What to Expect When Filing a Personal Injury Claim: a Timeline of Events
• Understand Strict Liability in Personal Injury Cases: Key Insight
• Debunking Common Myths About Personal Injury Claims