Slip and Fall Accidents on Stairs
Falls down stairs can be extremely dangerous—and can even be fatal.
Slip and fall accidents are among the most common causes of injury in the United States, and stairs are one of the most hazardous locations for these incidents.
Whether due to improper maintenance, defective construction, or other unsafe conditions, accidents on stairs can lead to severe injuries, including broken bones, spinal cord damage, and traumatic brain injuries.
While accidents happen, many stair-related accidents are caused by simple negligence.
Why Are Stairs So Dangerous?
Staircases have unique hazards that can make them especially dangerous, but poor maintenance is one of the leading causes of accidents on stairs.
Several factors can increase the likelihood of accidents.
Uneven Stairs
People typically assume the height of each stair remains constant throughout an entire flight. However, riser heights among stairs can differ due to poor design or maintenance, which can cause someone to misjudge the height of a stair. If you do not see a riser height difference or there is not a sign warning you of a riser height difference, you might not place your foot high enough to reach a stair.
Defective Handrails
Handrails provide support to help us keep our balance when ascending and descending flights of stairs. If you grab an unsecured handrail that breaks free from a wall, you lose balance and start to tumble down a series of stairs. Because of the speed of a fall caused by a defective handrail, the resulting injuries might require emergency medical care.
Slick Surface
Whether it is due to a spill, leaks, rain, snow, or ice, slick surfaces represent the most common causes of slip and fall accidents involving a flight of stairs. If you slipped and fell down a stair because of a slick surface, taking photographs of the area where you slipped and fell can provide you with enough compelling evidence to demonstrate the presence of the four elements of negligence.
Loose Flooring/Carpeting
Many stairs are designed with carpeting, which can break loose from a stair to present a safety hazard. Since we typically do not look down when navigating a flight of stairs, loose flooring or carpeting can cause a slip and fall that results in severe injuries, such as a dislocated hip or spinal cord damage.
Poor Lighting
Even if you focus on each step that you take on a flight of stairs, you can still slip and fall because of poor lighting. Maybe poor lighting caused you to miss a toy sitting on one of the stairs or the lack of illumination made you miscalculate the distance between steps. Both businesses and homeowners owe visitors a duty of care to provide sufficient lighting for a flight of stairs.
Clutter and Debris
Clutter, litter, and other objects left on stairs create tripping hazards that can lead to longer and more harmful tumbles. Accumulations of leaves, dirt, or other debris are also frequent culprits. Property owners have a duty to keep stairways clear of such obstacles and hazards.
Defective Construction
Poorly constructed or damaged stairs can collapse or cause other dangers. Contractors and construction companies may be held liable when defective stairs give way and cause harm to others.
Building code violations often contribute to slip and fall accidents. Stairs that do not meet local building codes for height, depth, or width can be particularly dangerous. Missing or improperly installed handrails exacerbate the issue. In some cases, design defects, such as narrow or irregular steps, or a lack of visual contrast on edges, make staircases inherently unsafe.
Property owners have a duty to ensure that stairways are safe for use. When they fail to meet this obligation, they may be held liable for resulting injuries.
Common Injuries from Stair-Related Accidents
The injuries resulting from stair-related falls are often severe due to the elevation and force of impact.
Some of the most common injuries include:
Head Injuries
Head injuries, such as concussions and traumatic brain injuries (TBIs), can occur when the head strikes a step or railing and are among the most serious consequences of a slip and fall down stairs. These can include skull fractures and long-term cognitive impairments.
Spinal Cord Injuries
Falls on stairs can result in slipped or herniated discs, leading to long-term pain or paralysis, significantly altering a person’s quality of life.
Broken Bones
Broken bones are another frequent outcome of a slip and fall down stairs, especially fractures in wrists, arms, or legs sustained while trying to break a fall. Hip and pelvis fractures are particularly common in older adults, whose bones may be more fragile.
Soft Tissue Injuries
Soft tissue injuries, including torn ligaments and sprains, often accompany these more visible injuries. Meanwhile, cuts and bruises, though less severe, can still require medical attention, especially if deep lacerations necessitate stitches.
Facial Injuries
Falling forward can also result in broken noses, dental damage, or eye injuries. Some victims of a slip and fall down a stairwell may require surgery for facial reconstruction.
Emotional Impact
The emotional and psychological toll of a stair-related fall is often overlooked. Many individuals develop anxiety or a fear of using stairs, which can significantly impact their daily routines. In some cases, victims may experience post-traumatic stress disorder (PTSD) following the accident.
Who Is at Fault for a Slip and Fall Down Stairs? Determining Liability in Stair-Related Slip and Fall Accidents
Liability in a slip and fall accident often hinges on whether the property owner was negligent.
Property owners have a duty of care to maintain safe premises for visitors, which includes regular inspections and timely repairs to staircases. When property owners fail to address hazardous conditions—such as broken steps or inadequate lighting—they may be found negligent.
In many cases, liability is determined by examining whether the property owner knew or should have reasonably known about the hazard.
For example, if a hazard existed for an extended period, the owner’s failure to address it could be deemed negligent.
Comparative negligence laws may also come into play, especially if the injured party’s actions contributed to the accident. For instance, running on stairs or failing to use handrails could affect the degree of liability.
Common parties that may be held accountable include:
- Property Owners: Property owners are typically responsible for maintaining safe conditions. This includes both residential and commercial property owners.
- Landlords: In rental properties, landlords are often liable for accidents caused by poorly maintained stairs.
- Property Managers: If a property manager was tasked with maintaining the premises, they could also be held accountable.
- Construction Companies: If the stairs were poorly constructed, the builder or contractor might be liable.
- Maintenance Companies: Companies hired to clean or maintain the property could be held responsible if negligence contributed to the accident.
I Fell Down the Stairs. What Should I Do?
What you do immediately after a stair-related slip and fall accident can significantly impact your ability to seek compensation. First and foremost, you should prioritize your health and safety and immediately seek medical attention. Even if injuries appear minor, a doctor’s examination can reveal underlying issues that could have worsened over time if left untreated. Your examination will also provide documentation of your injuries, which are crucial for a personal injury lawsuit.
Documenting the scene is equally important. Photographs of the stairs, including visible hazards such as broken steps or poor lighting, can serve as valuable evidence. Take note of the lighting conditions and any debris or obstructions present at the time of the fall. Witness statements can also strengthen your case, so collect contact information from anyone who saw the accident or is familiar with the hazardous condition.
Reporting the incident to the property owner or manager is another important step. Requesting a written report ensures that there is a formal record of the accident. Preserve all evidence related to the fall, including the shoes and clothing you were wearing, as they may be relevant in establishing the conditions that contributed to the accident.
Finally, you should contact Morgan & Morgan to learn more about your legal options. If stairs weren’t up to code or building management failed to remove known hazards, you shouldn’t have to bear the burden of your injuries alone. Contact us for a free case evaluation to learn more about your legal options and the compensation you may be eligible to recover.
Compensation for Stair-Related Slip and Fall Accidents
Victims of slip and fall accidents on stairs may be entitled to various types of compensation, depending on the severity of their injuries and the impact on their lives. Common forms of compensation include:
Medical Expenses
Medical expenses, including emergency room visits, surgeries, and physical therapy, are often the most immediate concerns following a slip and fall accident on stairs. Long-term care for permanent disabilities may also be covered.
Lost Wages
Income lost from missing work during recovery could also be recovered when seeking compensation for an injury that wasn’t your fault.
Pain and Suffering
Pain and suffering, encompassing both physical pain and emotional distress, may also be compensable.
Disability
Permanent injuries that affect your ability to work or perform daily activities can be considered and factored into the total value of your injury claim.
Punitive Damages
When gross negligence or willful misconduct is involved, courts may award punitive damages to penalize the property owner and deter similar behavior in the future.
Proving Negligence in a Slip and Fall Case
To successfully pursue a claim for a slip and fall accident on stairs, you must prove that the responsible party was negligent. This typically involves demonstrating the following elements:
- Duty of Care: The property owner or manager owed you a duty to maintain a safe environment.
- Breach of Duty: The responsible party failed to fulfill their duty, such as by neglecting repairs or ignoring known hazards.
- Causation: The breach of duty directly caused your accident and resulting injuries.
- Damages: You suffered actual damages, such as medical expenses, lost wages, or pain and suffering.
Evidence is key in establishing these elements. Photos of the accident scene, witness statements, and maintenance records can all play a crucial role in building your case.
Should I go to the doctor after and slip and fall down stairs?
Yes. After any accident that could result in injuries, it is in your best interest to seek immediate medical attention.
Even if your injuries seem minor or if you feel no pain at all—many injuries don’t show symptoms right away and can worsen over time if left untreated.
Plus, if the accident wasn’t your fault and was due to someone else’s negligence, such as a property owner not clearing away hazards on the stairs or a construction company building faulty, uneven stairs, your medical records will serve as vital evidence in a personal injury claim.
Can I sue a building owner if I fall down stairs?
If the property owner failed to reasonably keep the stairs safe and free from hazards, you may be eligible for a slip and fall lawsuit if that hazard caused you harm.
As mentioned before, if a property owed you a duty of care, was negligent in that care, and that negligence caused you harm, you generally have grounds for a lawsuit.
At Morgan & Morgan, we help slip and fall victims determine their eligibility for free, with no obligation to work with us. You can contact us anytime for a free case evaluation to learn more.
How long do you have to file a lawsuit?
The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.
It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.
Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.
What if my slip and fall accident occurred at work?
In such cases, you may be eligible for workers' compensation benefits, but you could also have a third-party claim if another party’s negligence contributed to the accident.
Employers carry insurance for this very purpose, and you can report the accident to your employer and file a workers’ comp claim. However, not all claims are approved, and if you were wrongly denied or want to ensure your best chances for approval, it’s wise to work with an experienced attorney at Morgan & Morgan.
Can I file a lawsuit if I was partially at fault?
Many states follow comparative negligence laws, allowing victims to recover compensation even if they share some blame. However, any award may be reduced by your percentage of fault. Morgan & Morgan’s legal team can assist you with determining your full potential for compensation and help fight for the amount you deserve.
What happens if the property owner claims they were unaware of the hazard?
Property owners are expected to conduct regular inspections, and failure to do so may still constitute negligence. A common defense would be to claim ignorance, but they aren’t necessarily exempt from the responsibility of everyone on their stairs.
If someone caused your injury and is refusing to do the right thing, contact Morgan & Morgan—we fight for victims of slip and falls down stairs. With over 35 years of experience and over $20 billion recovered, our track record speaks for itself and spotlights our determination to fight for the full and fair compensation personal injury victims need and deserve to move forward with their lives.
Don’t bear the burden of someone else’s mistake—contact Morgan & Morgan today. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.
Morgan & Morgan Can Help
Navigating the complexities of a personal injury case can be daunting, particularly while recovering from a traumatic accident. Morgan & Morgan is dedicated to advocating for slip and fall victims, providing comprehensive legal support every step of the way. The process begins with a free case evaluation, during which we discuss the details of your case and outline potential courses of action.
Our attorneys conduct thorough investigations, gathering evidence, interviewing witnesses, and consulting experts to build a strong case. We handle all communications with insurance companies, working tirelessly to negotiate a fair settlement. If a settlement cannot be reached, our trial-ready attorneys are prepared to fight for your rights in court. With our contingency fee structure, you don’t pay unless we win your case.
Slip and fall accidents on stairs can have devastating consequences, but you don’t have to face the aftermath alone. Morgan & Morgan is here to guide you through the legal process, ensuring that you receive the compensation you deserve. Contact us today for a free case evaluation and take the first step toward justice.
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