(275+)Falling down stairs ranks among the most common causes of injuries in Philadelphia. These accidents often leave victims with serious injuries, mounting medical bills, and lost income. Many question whether they can receive compensation for falling down stairs and what legal options exist. At Gibbons & Crichton, our experienced Philadelphia slip and fall lawyers want to clarify when you might be entitled to compensation after a stair-related accident in Philadelphia.
Stair Accidents Are More Common Than You Think
Stair accidents happen frequently throughout Philadelphia. The National Safety Council reports that over one million Americans suffer injuries from stair falls annually. These accidents occur in apartment buildings, retail stores, office complexes, and public spaces.
Many stair accidents result from negligence. Property owners must maintain safe premises. When they fail to meet this obligation, innocent people get hurt.
The injuries from stair falls range from mild bruises to severe trauma:
- Broken bones and fractures
- Head and brain injuries
- Spinal cord damage
- Soft tissue injuries
- Cuts and lacerations
- Long-term mobility issues
Legal Grounds for Compensation After Falling Down Stairs
Pennsylvania law allows injured parties to seek compensation when negligence causes their stair accident. So, can you sue for falling down stairs? You can sue for falling down stairs, but you need to establish several key elements to build a successful claim:
Property Owner Negligence
For a valid claim, you must show the property owner acted negligently. Negligence means they failed to maintain reasonably safe conditions or fix known hazards. Common examples of negligence include:
- Structural issues: Poor stair design or broken stairs create serious hazards. Property owners must address structural problems promptly. Uneven step heights, incorrect stair angles, or inadequate weight capacity contribute to dangerous conditions.
- Maintenance problems: Regular maintenance prevents many stair accidents. Loose handrails, rotting wood, or deteriorating concrete steps need immediate attention. Property owners who ignore these maintenance issues put visitors at risk.
- Safety violations: Building codes exist to protect people. Stairs that violate Philadelphia building codes or safety regulations constitute strong evidence of negligence. This includes improper lighting, missing handrails, or incorrect step dimensions.
Notice of Hazardous Conditions
A crucial factor in stair accident cases involves proving the property was aware of the dangerous condition. This comes in two forms:
- Actual notice: The property owner directly knew about the stair hazard. Perhaps tenants reported broken stairs, or staff documented the problem.
- Constructive notice: The dangerous condition existed long enough that a reasonable property owner should have discovered it during routine inspections.
Evidence of notice might include maintenance records, previous complaints, or building inspection reports.
Who Can Sue for Falling Down Stairs?
Different categories of visitors have different legal protections under Pennsylvania premises liability law:
- Invitees enjoy the strongest legal protection. These include customers in stores, clients visiting offices, or tenants in residential buildings. Property owners owe invitees the highest duty of care.
- Licensees enter the property for their purposes with the owner’s permission. Social guests fall into this category. Property owners must warn licensees about known dangers that might not be obvious.
- Trespassers generally have limited legal rights. However, property owners cannot create deliberate hazards to harm trespassers. Additionally, if children frequently trespass in an area with attractive features, owners may have a duty to prevent foreseeable injuries under the “attractive nuisance” doctrine.
Common Scenarios Where Compensation Is Available
Many stair accident victims wonder about specific situations where compensation might be available. Here are some common scenarios:
Apartment Building Falls
Landlords must maintain safe common areas, including staircases. If you fall because of poorly maintained stairs in your apartment building, you might have a strong claim against the landlord or property management company. This applies to interior and exterior staircases.
Workplace Stair Accidents
Falls at work typically fall under workers’ compensation. However, sometimes third-party claims exist alongside workers’ comp benefits.
For example, if a maintenance company negligently repaired stairs in your office building, you might have claims against both your employer and the maintenance company.
Retail and Commercial Establishments
Stores, restaurants, and other businesses must keep stairways safe for customers. Wet stairs, debris, poor lighting, or broken steps can all lead to valid claims against these establishments.
Public Property Incidents
Falls on government-owned property involve special rules. Claims against Philadelphia or other government entities have strict notice requirements and shorter deadlines. Quick action becomes especially important in these cases.
Potential Compensation for Stair Fall Victims
Victims of stair accidents may receive several types of damages:
- Medical expenses: Coverage for emergency treatment, hospital stays, surgeries, medication, physical therapy, and future medical needs related to your injuries.
- Lost income: Compensation for missed work, reduced earning capacity, and future income losses if your injuries prevent you from returning to your previous occupation.
- Pain and suffering: Money for physical pain, emotional distress, and reduced quality of life resulting from your injuries.
- Property damage: Reimbursement for personal items damaged during your fall.
Challenges in Stair Accident Claims
Several common defenses arise in stair accident cases:
- Comparative negligence: In Pennsylvania, a modified comparative negligence system is used. This means your compensation is reduced by your percentage of fault. However, if you are found to be more than 50% at fault for the accident, you are not eligible to recover any damages.
- Open and obvious doctrine: Property owners might argue the hazard was so obvious that you should have noticed and avoided it.
- Lack of notice: Defendants often claim they had no knowledge of the dangerous condition and no reasonable opportunity to discover it.
Time Limits for Filing Your Claim
Pennsylvania imposes a two-year statute of limitations on personal injury claims, including stair accidents. This means you must file your lawsuit within two years of your fall, with few exceptions.
Government claims have even shorter notice requirements, sometimes as brief as six months. Missing these deadlines usually means losing your right to compensation permanently.
Take Action After Your Stair Accident
If you suffered injuries from falling down stairs in Philadelphia due to someone else’s negligence, you deserve fair compensation. Time limits apply to these cases, so prompt action remains essential.
The attorneys at Gibbons & Crichton have extensive experience with stair accident claims throughout Philadelphia. We understand the complexities of premises liability law and how to build compelling cases for our clients.
Do not let property owners avoid responsibility for their negligence. Call us today for a free consultation about your stair accident case. Our team will evaluate your situation and explain your legal options with no obligation.
