Proving Liability In Stair Accidents

Stair accidents are frequent injuries in Alaska as thousands of people trip and fall throughout the year. According to Alaska injury facts report, stair accidents related injuries are more common among older residents. But people of all ages are prone to these falls. When one slips and falls accidentally due to the property owner’s failure to take care of their property due to negligence, one may have a claim. Stair accidents happen almost daily. Knowing what to do after the accident and the mistakes to avoid may see you win thousands of dollars in your stair accident case.

Common Caused Of Stair Accidents

Stair accident demands special consideration in terms of medical care due to the additional dangers involved.  The same case when it comes to filling of stair accident claims. For a smooth process, one should consider looking for attorneys in Wasilla Ak. There are many reasons that may lead to dangerous stair accidents. Some of them include:

• Poor lighting: Lack of enough light can make it difficult for anyone on the stairs to see any obstruction or potential hazard.

• Slippery surfaces: You may find that the carpet or wood on the stairs is worn out, which poses a threat since no one is likely to notice the danger involved. Besides, the stairs may be neatly polished, with compromised quality which may result in the surface being slippery.

• Uneven steps and stairs: Uneven stairs are mostly caused by poor design that may lead to one being off balance and hence make them fall. In such a case, one may prove that the property owner violated the building codes.

• Handrails: If you fell off the stairs due to lack of handrails, you have a right to sue. But you must prove that the stairs required handrails, which must be according to building codes. The handrails must be installed correctly with the right width and height.

• Wet stairs during snow or rainy seasons: Everyone is supposed to be extra careful when stepping on a wet surface. However, this doesn’t exclude the premises owner from liability. He/she must have built stairs to avoid excess retention of water or snow that don’t pose a danger to another person.

The fact is that even a small unnoticeable mistake can make stairs extremely dangerous. If you suffered injuries from any of the above or any other type of stair accident, you may be able to hold the property owner liable for negligence.

Liability In Stair Accidents

Knowing your rights after a stair accident helps you determine liability where someone is accused of negligence. To hold the property owner legally liable, one or more of the below must be proved true:

• The property owner or premises employee spilled dangerous liquid on the stairs.

• The property owner or employee knew about the dangerous surface but took no action.

• Any reasonable person would have known of the risk and cleared or repaired it.

Just as in slip and fall accidents, it must be proven that you didn’t contribute to the accident before getting compensated. You may go an extra mile to prove how the stairs should have been constructed or maintained. If you have a stair accident injury claim, your lawyer can help you file a sample demand letter to push the insurance company to negotiate for a reasonable settlement for the stair accident.

Every property owner has a legal duty to take care of their promises and keep them safe from harm. They must make sure the stairs are maintained in such a way to avoid accidents from occurring. If a property owner has breached the duty of care and as a result you have suffered injuries, he/she should be responsible for your damages. If your claim is successful, you can recover the below damages but not limited to:

• Medical expenses presently incurred and future costs

• Lost wages

• Loss of future earning capacity

Time is of the essence when it comes to filling stair accident cases. You don’t want to miss any compensation because you took all the time to file a claim even after obtaining the right treatment. According to Alaska’s statute of limitations, a plaintiff has two years to file their claim. The time started running when you got injured. If you don’t file your case within the stipulated time, you stand a chance to lose any legal right to file for compensation. Only in rare cases can you request the statute of limitations to be tolled and have more time to get your case started.

Getting Compensated

Stair accident cases are often complicated since there may be a lot of hidden risks. Some defects are too hard to be noticed. An experienced lawyer can help you relate your injuries to the property owner building code violations. Suppose it’s proved that the stairs never met the right specifications and the property owner never acted reasonably to make the surface safe. In that case, the same lawyer will negotiate the right settlement with the insurance company or guide you into filling a claim. For any settlement, the insurance company will have to consider whether you also contributed to your injuries. If the latter is true, the rule of pure comparative negligence applies.