Stairwell Accident & Injury Lawyers
Injuries caused by tripping or slipping down a stairwell result in a multitude of injuries, ranging from moderate to severe. If you or a loved one have been injured because of unsafe stairwell conditions, we are here to fight for the recovery compensation you deserve. Our personal injury attorneys are dedicated to examining the details of your accident to provide you with proper representation.
Possible Stairwell Hazards
When hazards are unaddressed by property owners, they pose a significant risk to others. For stairwells, hazards can result in traumatic injuries due to the fall. The following hazards may lay the groundwork for a potential accident:
- Loose or broken railing
- Unsecured runners
- Dirty or cluttered stairs
- Inadequate lighting
- Damaged stairs (dry rot or weathering)
- Wet or slick stairs
- Narrow or steep stairwell
- Damaged or lack of railing
- Defective handrails
- Building code violations
Possible Stairwell Injuries
Property owners are typically responsible for inspecting stairs, repairing damages and overall providing safe stairwells. Stairwell injuries vary in severity, some individuals may only suffer minor injuries while others may suffer long-term, life-altering injuries. Our personal injury lawyers often see these injuries caused by a stairwell fall or slip:
- Sprain or strain
- Traumatic brain injury (TBI)
- Broken bones
- Internal injuries
- Back and neck injuries
- Spinal cord injury (SCI)
- Internal bleeding
Note that if a stairwell injury resulted in the loss of a loved one, our wrongful death attorneys can determine if you have a lawsuit.
Premise Liability Claim
Our Gainesville premise liability attorneys with Warner, Sechrest & Butts, P.A. understand that each case is unique and are dedicated to accurately determining if you have a personal injury claim and premise liability case. The circumstances surrounding your incident are key in determining if your injuries were a result of property owner negligence. If possible, record the accident scene and obtain witness accounts to build your case.
If a business or property owner has neglected a stairwell hazard that resulted in your injury, you may have a right to compensation for personal injury damages — such as medical treatment bills, medication and/or lost wages. Your right to compensation largely depends on the duty of care owed to you at the time of injury and whether you can establish negligence by the property or business owner.
Determining Premise Owner Negligence
Your lawyer will determine if your role in the accident places any negligence on you, the negligence of the owner and the level of care the owner legally owed to you when the injury occurred. This information is necessary to determine the best course of action.
Our personal injury lawyers in Gainesville have the necessary experience to determine if the property or business owner has acted in neglect or breached their duty of care. Depending on your circumstances, the property owner is responsible for a certain level of care owed to you. According to Florida law, a property owner may have the following level of duty of care depending on your position:
- Licensees are owed the highest duty of care (regular site inspections may not be required for property owners). A licensee is a social guest who has been invited to the property.
- Invitees are general public members who are also owed the highest duty of care and may be on the property to commercially benefit the property owner or for additional reasons.
- Trespassers are not legally allowed on the property and are protected only from intentional hazards that may have been designed by a property owner. An exception to this is if a child is attracted to the site by an attractive nuisance.
Evidence detailing the duty of care on the owner’s behalf will be analyzed and compared with Florida stairway codes. The Americans with Disability Act and Florida Building Code 1009 apply to stairwells, steps, railing etc. Any evidence of neglect to these standards may further constitute negligence.
For cases where neglect is not clearly outlined, our stairwell injury lawyers need to prove general negligence, which details:
- A certain duty of care was owed
- The outlined duty of care was breached
- The breach of care resulted in injury
- The injuries require compensation
As with many cases, the owner may claim that the victim’s actions caused their injuries. While individuals are responsible for steering clear of blatant dangerous conditions to ensure their own well-being, this fact does not entirely dismiss a claim as Florida law includes Statute 768.81. This statute allows for you to be given compensation so you may recover from your injuries — even if you share a level of negligence. Statute 768.81 details the pure comparative negligence standard. This standard ensures that if you are determined negligent at any portion, your recovery will correspond to that amount. For example, if you are injured due to unsafe stairwell conditions and are deemed 20 percent negligent, your damage recovery thereby decreases by 20 percent and you will be entitled to 80 percent monetary recovery.
Obtain Representation For Your Stairwell Injury
For unparalleled, professional legal representation, contact our personal injury attorneys in Gainesville, Florida. We are focused on winning you the compensation recovery owed to you for your personal injuries.