It is easy to think of stairs as anything but dangerous. However, individuals who have fallen on defective or dangerous stairways know they can create serious risks for catastrophic injuries.
If you were harmed on a staircase, you have legal solutions to your problems at your disposal. Having a skilled slip and fall attorney on your side can make all the difference when you have been seriously hurt after a stairwell accident in Bloomfield.
Common Safety Issues to Be Aware Of
Stairs are inherently dangerous. Even the most perfectly constructed stairwell can pose a risk of slipping and hurting oneself. Because of this fact, an additional defect or hazard must make the steps or stairs particularly dangerous to have a viable claim for compensation. Some examples include:
- Incorrect height or depth. Building codes require certain heights and lengths for staircases. Stairs being too high, too long, or too short can be unreasonably unsafe.
- Inconsistent height or depth. When stairs have inconsistent dimensions, an unsuspecting individual may trip or stumble.
- Foreign objects or obstacles on steps. A hazard may exist due to the presence of foreign objects on steps. These could be torn carpeting, ice, slippery liquids, or any other obstacles that create a threat of tripping.
- Improper lighting. A stairway may lack proper illumination to identify each step and landing area.
- Wet or icy outdoor stairs. Rain, snow, or ice collecting on outdoor stairs increases the risk of accidents.
A minor detail can have an immense effect when someone is going up or down stairs. The best thing to do is consult with a qualified attorney in Bloomfield who can inform you how the building code affects your stairwell accident lawsuit.
What Legal Recourse Looks Like For Stairwell Injuries
Many staircase accident cases can be categorized as premises liability lawsuits. In these, a property owner or occupier fails to maintain the premises to ensure a safe environment, resulting in harm to visitors. Although many premises liability accidents seem straightforward on the surface, they can become intricate when the legal process begins. For example, New Jersey is a modified comparative negligence state. That means that plaintiffs cannot recover damages if they are more than 50% at fault for the incident that caused their injuries. In other words, they cannot be more at fault for the accident than the defendant and still secure compensation.
The burden of proof is on the individual in these claims, and they are required to sufficiently show that the defendant caused the incident with their negligence by proving the existence of four factors:
- The defendant owed a duty of care to the injured individual to maintain a safe staircase
- The defendant failed to uphold that duty of care
- The individual suffered injuries and losses
- Those injuries and losses resulted directly from the defendant’s actions or lack of action
A Bloomfield attorney with a history of successfully proving negligence in stairway accident cases can help you hold the responsible party accountable.
Rely on a Bloomfield Stairwell Accident Attorney
Falling on a staircase is a serious potential hazard. Injuries can range from minor to lifelong. If you were the victim of another person’s carelessness, you have legal rights worth exploring. At Fredson Statmore Bitterman, LLC, we offer small firm attention with big firm resources—we make it a priority to be accessible to our clients. Call us today for a free consultation after getting hurt in a stairwell accident in Bloomfield.
