Stairwell Accidents in Banning
Falling down the stairs can be a terrifying experience. Stairwell accidents in Banning can also cause significant injuries that leave you with large medical bills and time away from work. If someone else’s negligence contributed to your accident, a dedicated slip and fall attorney at Walter Clark Legal Group could help you pursue compensation. Damages hold the responsible party accountable and help you focus on healing from your injuries without worrying about your finances or the medical costs related to recovering.
Can an Injured Person Sue After Falling Down the Stairs?
In most stairwell accident cases in Banning, the potentially liable party is either the property owner or someone else responsible for overseeing the property where the fall occurred, such as a grocery store manager. This means an injured person who falls in their own home is unlikely to have a legal case unless they have a situation like a contractor installing faulty handrails. According to California Civil Code § 1714, property owners must maintain their property to prevent avoidable injuries. If they do not, the injured person may be able to sue.
Poor lighting, uneven steps, missing handrails, damaged steps, and similar poor conditions on a property can all contribute to a stairwell accident. For example, outdoor stairs can become slippery in the rain, especially if they are made of smoother materials like sealed concrete. Property owners are responsible for noticing and addressing all of these types of hazards. For instance, California Building Code § 3231 sets specific requirements for stairways. These include the minimum width of the stairwell based on the number of people using it, the height of each stair, and the dimensions of the landings. The code also requires stairs to have non-slip surfaces and to be properly maintained. A property owner or manager is likely to be liable for any injuries that happen because their property is not up to code.
What Happens if an Injured Person Is Partially Responsible for a Stairwell Accident?
Accidents can be complex, and more than one person often shares responsibility for a fall on a stairwell in Banning. The injured person may have used an unsafe staircase that was not intended for customers, or they may have been carrying multiple packages that limited their visibility. California uses pure comparative negligence rules, which means that an injured person can still receive compensation if they are partially responsible for their accident.
However, their damages would be reduced by the percentage that they were considered responsible. For example, someone who was awarded $100,000 in damages and found to be 40 percent responsible for their fall would ultimately receive $60,000. In California, there is no limit to how much responsibility an injured person can have while still receiving damages. In theory, someone who was 90 percent responsible for their fall in a stairwell could still receive compensation. These cases may not always be practical to pursue, depending on the details and the amount of damages involved. Meeting with an experienced attorney is the best way to determine whether a lawsuit makes sense for a particular injury.
Discuss Your Stairwell Accident Case With a Banning Lawyer Now
Stairwell accidents in Banning can cause painful and expensive injuries. Talking to an attorney can be a good idea if you or a loved one fell on a poorly maintained staircase or in another situation caused by someone else’s negligence. Our experienced injury lawyers are here to help you navigate the legal process and get the best possible outcome. Contact Walter Clark Legal Group for a free case review.