Who Is Responsible If You Fall Down A Flight Of Stairs?
Falling down a flight of stairs can be a painful and traumatic experience. Injuries sustained from such a fall can range from minor bruises and cuts to broken bones, head trauma, and even paralysis. When such an incident occurs, one of the first questions that comes to mind is who is responsible for the injuries sustained? The answer to this question can be complex and depends on various factors. Here is what you need to know:
Is the Owner or Manager of the Building Responsible?
The primary responsibility for injuries sustained from falling down a flight of stairs falls on the property owner or manager. Property owners and managers have a duty of care to ensure that their premises are safe for people to use. This includes ensuring that stairways are well maintained, adequately lit, and free of hazards that could cause someone to fall. If they fail to uphold this duty of care and someone gets injured, they may be held liable for the damages.
Are You Partially Responsible?
However, it's important to note that liability may not always rest solely with the property owner or manager. In some cases, the injured person may also be partially responsible for the accident. For instance, if the person was using their phone while walking down the stairs or was under the influence of drugs or alcohol, their negligence may have contributed to the fall. In such cases, the degree of responsibility may be shared between the injured person and the property owner or manager.
Can a Third Party Be Responsible?
In some situations, another party may also be responsible for injuries sustained from falling down a flight of stairs. For example, if the stairs were designed or constructed poorly, the architect, contractor, or builder may be held liable for the damages. Similarly, if the stairs were poorly maintained, the person responsible for maintenance may be held responsible for any injuries resulting from the neglect.
What About the Circumstances of the Fall?
It's also important to consider the circumstances surrounding the fall. If the person fell down the stairs while at work, they may be entitled to workers' compensation benefits. If the fall occurred in a public place such as a shopping mall or hotel, the establishment may be liable for any injuries sustained.
To determine who is responsible for injuries sustained from falling down a flight of stairs, it's essential to gather evidence and establish the facts of the case. This may involve obtaining witness statements, reviewing CCTV footage, and conducting a thorough investigation into the incident.
Contact a lawyer at a firm such as Siben & Siben LLP.