Stairwell Accidents in Palm Springs
At its best, falling down the stairs is embarrassing and leads to a few bumps and bruises. At its worst, it is fatal. Most accidents are somewhere in between, with over a million people ending up in the emergency room each year because of them. Stairwell accidents in Palm Springs are more dangerous than most falls because people fall a greater distance. Plus, people may tumble, and each potential contact with a surface increases the risk of head and neck injuries.
You may be entitled to compensation if you were injured in a stairwell accident. The deciding factor is whether another party’s negligence caused the accident. Even if your behavior contributed to the fall, you may still be able to recover some compensation for your injuries. An experienced slip and fall attorney from Walter Clark Legal Group could help you investigate the accident and identify if someone else may be liable for your damages.
Recovering for Stairway Falls
Many people wonder if they can sue for Palm Springs stairwell accidents. The answer is maybe. However, falling down the stairs is not enough to support a lawsuit. A victim has to prove that the fall caused injuries and financial damages. The victim also has to show that the stairway fall was due to negligence by the property owner or their agent.
The inquiry starts by looking at whether a defect contributed to the fall. It is possible to fall down the stairs, even if the stairway is safe. For example, a person wearing flip-flops might trip on their shoes and fall down the stairs, even if the stairwell is adequately maintained and has no hazards. In that case, there is no defect in the stairs.
Loose boards, missing steps, uneven spacing between stairs, and faulty railings are some conditions that could lead to injuries. Additionally, poor lighting in stairwells could create unnecessarily risky situations. In those instances, liability will depend on whether the property owner’s negligence contributed to the defect.
To determine whether a property owner’s negligence caused the defect, it is essential to determine whether the owner knew or should have known about it. Commercial property owners have a duty to inspect their property and keep it safe for visitors, but this duty is based on reasonable expectations. They do not have to examine the property constantly.
Residential property owners do not have the same duty to inspect. However, they do need to remedy known defects or at least warn visitors about them.
Assuming the property owner knows of the defect—or should have known if they were behaving reasonably—then the next question is whether the defect led to an injury. Falling down the stairs and only experiencing a few bumps is not generally the type of injury that supports a lawsuit. However, even relatively minor injuries like sprains and strains can lead to damages since medical treatment for them can easily cost thousands of dollars, given the costs of emergency care.
That is why the next question is crucial: Did the injury lead to damages? The damages do not have to be financial—though medical expenses, lost wages, and loss of earning capacity are common in personal injury cases. Damages can also reflect mental anguish, pain and suffering, and other intangible losses.
Locating the Liable Party
In most premise liability cases, the property owner is responsible for the victim’s losses. However, the fact that many claims are against homeowners skews that statement. For commercial property, the property owner may exercise little control over the premises. Instead, a property manager or commercial tenant may be liable.
Unwinding the liability requires determining who is responsible for the maintenance of the building. Responsible parties could include:
- Owners
- Landlords
- Property managers
- Maintenance companies
- Government entities
Determining potential liability will focus on who controlled the property and had a duty to correct any defects. In some instances, multiple parties may be liable for Palm Springs stairway accidents.
Talk to a Palm Springs Attorney After a Stairwell Accident
Gathering evidence is critical to building strong personal injury claims—especially on property under the defendants’ control. Consulting with an attorney about stairwell accidents in Palm Springs can help you begin the investigation process. Schedule a free case evaluation with Walter Clark Legal Group today to get started.
