The National Floor Safety Institute reports that seven million people seek emergency medical care each year in the United States because of stairs, ramps, and landings.
They say that stairs are one of the greatest dangers in the home.
When stair accidents occur, a victim may have a legal compensation claim. The experienced Wilmington premises liability lawyers at Horton & Mendez Injury Attorneys explains liability for stair accidents in NC.
Can You Sue for Falling Down Stairs?
You may sue for falling down stairs if a party is legally at fault for the injury. The owner or other party responsible for the stairs must have done or failed to do something that resulted in an unreasonable danger. The danger must be the cause of the stair accident.
Common Causes of Stair-Related Injuries
- Rise and run irregularities, landings that are the wrong size
- Handrails in disrepair, inadequate to withstand enough force, sharp, or protruding, wrong height, or hard to grip
- Doors that swing open onto the stairs
- Incorrect building materials, including slippery floors, or prone to collapse
- Bad lighting
- Objects left on the stairs
- Lack of grip on the floor
- Dusty or wet surface
- Overcrowding, moving people too quickly
- Disrepair, crumbling steps
- Inadequate inspections and observations
- Allowing traffic on stairs during construction or repair, or a lack of appropriate safety measures during construction
- Wandering or spiral shape that is unsafe
- Barriers that are too low or thin
- Sharp objects that may protrude, puncture, or catch clothing
- Traffic is inappropriately directed to the stairs because the elevators are far away, unavailable, or lacking signs
How stair accidents occur
Someone may be hurt in a stairs accident because of:
- Falling down the stairs to a lower level
- Tripping while going up
- Falling off the stairs to the side or over a barrier
- Jostling crowds
- Structure collapse
When Is a Property Owner Liable for a Stair Accident in NC?
In North Carolina, a property owner is liable for a stair accident based on negligence. What amounts to negligence varies from case to case. Generally, if stair construction or maintenance violated the North Carolina Building Code, it would be considered negligence. In addition, a property owner can be liable for negligently maintaining and using the stairs. Liability depends on whether the property owner was unreasonable and whether negligence resulted in the accident and injury.
Proving Negligence in a Staircase Injury Case
A person bringing a stair accident lawsuit in NC must prove negligence, relying on:
- Stair designs and specifications
- Inspection and repair records
- Traffic and use of stairs
- Accident reconstruction
- Previous accidents, incidents, and reports
- Fact witnesses who observe the accident or its aftermath
- Experts to explain the unreasonable danger
- Building code information
How Building Code Violations Can Affect Liability
North Carolina has a building code and regulations that govern stairway construction, including rise and run, hazardous projections, slippery conditions, and doors that open to stairways. There are also regulations that govern how stairways must be built when they are temporary structures used in construction.
When a stairway violates the building code, it may affect liability. Usually, the plaintiff bringing the premises liability claim for a stair accident must prove that the defendant acted negligently. They must present evidence and arguments that the stair owner acted unreasonably. Pointing to a building code violation answers the question of whether negligence occurred.
Stair accidents and negligence per se
North Carolina courts say that failing to meet the minimum standards of the building code is negligence per se. The plaintiff must prove that the standard exists and that it applies to the situation.
The North Carolina courts have said, “The N.C. Building Code has the force of law…a violation thereof is negligence per se.” See Lindstrom v. Chesnutt (N.C. Ct. App. 2012), which involved a fire after furnace installation.
If the plaintiff proves that the defendant violated the building code, the defendant’s negligence is automatic. There is no room for argument about whether the defendant was unreasonable.
What Types of Injuries Are Common in Stair Falls?
- Broken wrists and arms
- Cuts and bruises
- Brain injury, concussion
- Sprained ankles
- Broken legs, hips, and foot bones
- Paralysis
- Mental health injury
- Wrongful death
Compensation Available for Victims of Stair Accidents
Compensation available for a person hurt in a stair accident may include both economic and non-economic damages.
Economic damages
A person harmed by a stair accident likely has financial losses. They may have emergency or urgent medical care bills or significant medical expenses for treatment, physical therapy, mobility aids, and prescriptions. In addition, they may have lost income or nursing home expenses from a long healing period. These economic losses may be totaled and claimed in compensation.
Non-economic damages
In addition, North Carolina law compensates for pain and suffering for a premises liability stair accident claim. Pain and suffering, mental anguish, loss of mobility, and other non-economic damages can be claimed relative to how severely the person has been impacted by their injuries. Non-economic damages may correlate closely with the extent of economic loss, but this isn’t always the case.
Other things may impact how much compensation you can receive for a stair accident lawsuit. A lawyer can evaluate your case and explain what’s needed to maximize your claim.
How a Lawyer Can Help
An experienced lawyer for premises liability for stair accidents in NC can help with all aspects of your claim. They can determine:
- Who is at fault
- If building code violations occurred
- The basis for fault
- How to prove liability
- What to claim in compensation
- How to build the evidence in your case
- Mistakes to avoid
A lawyer can represent you in the steps to claim your compensation. Your lawyer can answer your questions and minimize the burden of the claims process.
Contact an Experienced Wilmington Premises Liability Lawyer
Horton & Mendez Injury Attorneys is currently accepting new claims for stair accidents in NC. We represent clients in Wilmington and throughout North Carolina. Our lawyers help people get compensated for stair accidents. Call or message us now.
