Stairwells are some of the most common places people slip and fall in Florida. A simple misstep can lead to broken bones, head trauma, and even long-term disability. But who bears responsibility? The property owner? The individual? It can quickly become complex, especially in accordance with Florida’s new comparative negligence laws and where a building is owned or leased.
Premises liability laws state that a property owner may be held accountable for accidents due to disrepair, lack of proper lighting, or other hidden dangers. However, proving liability isn’t always straightforward. For expert advice and guidance, contact Brian D. Guralnick Injury Lawyers so you can Demand More following an injury.
Understanding Liability for Stairwell Injuries
Let’s start at the foundation: premises liability law. This states that property owners have a duty to keep their premises safe for visitors. Broadly speaking, if somebody gets hurt on their property because of negligence, be that unsafe conditions, lighting issues, etc., they could be held financially responsible.
Sounds simple? If only. Liability depends on various factors, all of which need to be proven to present a firm case. They are:
- Ownership and Control: Did the owner have control over the stairwell and the ability to fix the hazard?
- Awareness of the Hazard: Did they know (or should they have known) about the dangerous condition?
- Failure to Take Action: Did they neglect to make necessary repairs or warn visitors about the risk?
- Visitor’s Status: Was the injured person an invited guest, tenant, employee, or trespasser?
A successful claim isn’t simply about falling on somebody’s property and calling the nearest lawyer—it’s about successfully proving that a property owner was negligent. And that’s not always easy.
Florida has also recently switched from a ‘pure comparative negligence’ to a ‘modified comparative negligence’ fault system. This new law states that if the injured party is 51% or more at fault for their injury, they will not be entitled to recover any funds.
So, what exactly makes a stairwell dangerous? Let’s take a look at some of the most common reasons.
A Guide to Common Stairwell Hazards
As we mentioned, stairwells involve a disproportionate number of U.S. accidents each year. More than 1 million Americans are injured on stairs annually, along with 12,000 deaths. Many of these have nothing to do with negligence.
Bad luck, drug and alcohol use, and simple poor decision-making all play a factor, but there still is a sizable number that stems from poor maintenance or negligent design. Below are some of the most frequent hazards.
Broken Steps
A cracked, loose, or uneven step is an accident waiting to happen. Stepping onto an uneven surface often causes a counter-movement that is enough to throw us off balance. If a step collapses, breaks, or causes someone to lose their footing, the owner may be liable for failing to fix it.
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Missing or Damaged Handrails
Handrails exist for a reason. While many people complain about the tidal wave of health and safety regulations that have appeared in the last few decades, handrails can provide vital balance and stability, especially when going downstairs.
If they are missing, loose, or broken, the chances of an accident happening increase dramatically, as do the odds of a property owner being held responsible. Building codes often require handrails, and failing to install or maintain them can lead to legal liability.
Poor Lighting
Poor lighting is another common problem. Stairwells should be well-lit at all times to ensure safe passage. Dim or flickering lights can obscure hazards, making it easier for someone to trip or misjudge a step. It can be tricky to prove negligence with lights simply because a light bulb can go out at any time, but a track record of poor lighting can help prove a case.
Slippery Surfaces
Stairwells can be tricky to navigate at the best of times. Add in a slippery surface—either naturally with smooth, polished materials (like marble or tile) or accidentally with spillage—and you might have a real problem.
Property owners should use non-slip coatings, rugs, or treads to reduce the risk of slipping. In terms of spillage, if an owner neglects to clean up or warn visitors, they could also be held responsible.
Obstructions or Clutter
There’s a reason you’re not supposed to leave anything in a stairwell. Objects, such as tools, debris, or personal belongings, can create a serious tripping hazard, and it’s the owner’s responsibility to keep this area clear.
Worn or Loose Carpeting
When carpets begin to wear and come loose, they present a danger that isn’t always noticeable—until you’re flat on your face, that is. Frayed, torn, or unsecured carpets or rugs on stairs can cause people to trip or slide. These should all be inspected regularly and replaced as soon as dangers become apparent.
Inconsistent Step Heights
The human brain knows almost instinctively how high a step should be. The small variation can cause people to stagger and fall, which is why riser heights and tread depths are so carefully controlled. Not only would this be a case of poor property ownership, but they might also even have a case against whoever constructed the stairwell.
Proving Negligence: When and How Property Owners Are Accountable
OK, so you’ve experienced a fall in a stairwell. What next? To hold a property owner liable, an injured party must prove negligence—meaning the owner failed to exercise reasonable care in maintaining the stairwell. This involves demonstrating four key elements:
- Duty of Care: The owner was legally obligated to keep the stairwell safe.
- Breach of Duty: The owner failed to uphold this obligation.
- Causation: The hazardous stairwell directly caused the injury.
- Damages: The injury resulted in medical bills, lost wages, pain, or suffering.
For example, if a landlord has been aware of a broken step for months but ignores repair requests, and a tenant falls because of it, the landlord could be liable. However, to prove this, you’ll need some evidence, which might include:
- Photographs of the hazard
- Maintenance records (or lack thereof)
- Eyewitness statements
- Surveillance footage
- Expert testimony (such as building code violations)
Responsibility after a fall may lie with the property owner or, if the property is leased, with the individual responsible for maintenance, which is sometimes but not always demonstrated in the lease. For further guidance, contact an experienced attorney such as Brian D. Guralnick Injury Lawyers today.
Residential and Commercial Injury Claims Explained
Things are also slightly different for residential or commercial properties in terms of how they relate to liability. Let’s examine the differences.
Residential Claims
Homeowners and landlords must maintain safe living conditions for tenants and guests. If someone injures themselves in a stairwell because of one of the reasons mentioned above, the homeowner might be responsible. However, liability can depend on whether the homeowner knew about the hazard and failed to fix it.
With rental properties, landlords, not tenants, are usually responsible for maintaining common areas like stairwells. However, claiming negligence might be difficult if you can’t prove that the tenant has informed the landlord about a problem.
Commercial Claims
Businesses are similar but with a much higher safety bar. Stores, office buildings, hotels, and other commercial spaces must always keep stairwells safe. Business owners who neglect a stairwell hazard could be sued for premises liability.
In commercial settings, depending on lease agreements and maintenance responsibilities, liability can also extend to property management companies, maintenance contractors, and even tenants.
Final Thoughts
Stairwells should be simple—up and down, no problem. But that’s often not the case. More than a million Americans are hurt on stairs each year, making them one of the most dangerous places we frequently visit.
Accidents can lead to costly medical bills, lost income, and long-term pain, so if you believe you have been injured as a result of negligence on the part of the property owner, you might have a case.
At Brian D. Guralnick Injury Lawyers, we help victims secure fair compensation with minimal fuss and further hardship. Contact us today for a free consultation, and let’s discuss your options so you can Demand More.
Frequently Asked Questions
Who Is Liable When Someone Is Injured Due to a Defect in an Apartment House Stairway?
The landlord is usually responsible when somebody is injured in an apartment house stairway, especially if a known defect or negligence caused the incident. However, it might be difficult to prove if the landlord was not made aware of the issue.
Can One Sue a Building Owner if One Falls Down Stairs?
In theory, yes, but only if it was the result of negligence—meaning the owner ignored a hazardous condition that they knew or should have known about. If you simply fell over on your own accord, legal action may not be possible.
Am I Liable if a Kid Gets Hurt on My Property?
Maybe, but there are plenty of factors at play. Property owners must take extra precautions if children are likely to be on their premises. Even if said children have not been invited onto your property, an accident could fall under the attractive nuisance laws, leaving you responsible.
