A slip or trip and fall can result in serious injury no matter where or what type of surface it happens. However, accidents like this that happen on staircases and in stairwells tend to be especially dangerous, not just because of the increased height and distance of the fall itself but also because steps create uniquely awkward landing surfaces.
Another complicating factor in stairwell accidents in Clark is that filing a lawsuit can be particularly challenging since there may be more questions than normal about how exactly the accident happened and who is to blame for its consequences. If you have been hurt in this kind of accident, you will have a much better chance of navigating efficiently around these obstacles and getting the compensation you deserve if you seek the help of a seasoned slip and fall attorney from Fredson Statmore Bitterman, LLC.
When Is It Possible to Sue Over a Stairwell Accident?
To successfully sue a landowner in Clark over an injury sustained in one of their stairwells, the injured person must prove they were hurt specifically because the landowner failed to fulfill the duty of care they owed to the injured person. In practice, this means proving that the landowner either knew or should have known about a particular hazard in their stairwell, that they failed to properly fix that hazard or warn visitors about it, and that the hazard in question was the main and direct cause of the injuries central to the lawsuit.
Examples of hazards that could potentially give rise to this sort of claim include:
- Significantly uneven steps
- Broken, loose, or missing handrails
- Broken boards or loose carpeting on top of steps
- Unmarked snow, ice, or water buildup on steps
- Broken or absent light fixtures, particularly in an outdoor stairwell
A practiced attorney from Fredson Statmore Bitterman, LLC can examine the circumstances leading up to a particular accident and offer guidance about whether litigation may be possible during a free initial consultation.
Getting Fair Compensation While Avoiding Comparative Fault
A comprehensive lawsuit over a staircase accident in Clark can seek restitution for both economic and non-economic consequences of that accident, including medical bills, lost work income, personal property damage, and various forms of physical and psychological suffering. However, a court may limit the total compensation an injured person can receive based on any comparative fault it determines they hold for their injuries. For example, if they ran down the stairs instead of walking or wore shoes with no tread.
Under New Jersey Revised Statutes § 2A:15-5.1, any person found to hold a majority of the total fault for their injury cannot receive any civil compensation for that injury, and lesser percentages of fault reduce their final damage award proportionally. Support from skilled legal counsel can be crucial both in establishing someone else’s fault for a stairwell-related injury and in countering accusations of comparative negligence.
Contact a Clark Attorney for Help With a Stairwell Accident Lawsuit
No matter how it happens, falling on and especially down a flight of stairs can be a life-altering and even life-threatening experience. Stairwell accidents in Clark can result in severe injuries, making it crucial to understand and effectively enforce your right to seek civil recovery from the owner of those stairs. Taking this step could be vital to protecting your best interests, not just now but well into the future.
By working with the team at Fredson Statmore Bitterman, LLC, you will get both big-firm resources and small-firm attention every step of the way through your legal proceedings. Call today to discuss your case.
