Living with all of the comforts and conveniences present in the United States, most people take many things for granted, such as walking up a flight of stairs. When you approach a stairwell, from the top or bottom, your body knows what to do. Muscle memory kicks in, and your legs move up the steps effortlessly. It can appear as if your mind was never engaged to maneuver the steps because you have done it thousands or hundreds of thousands of times.
Walking up a stairwell without consciously thinking about the process is primarily due to the many regulations and building codes regarding the construction of steps and the specifications they must meet. The steps at your California Air BNB rental property are built to the same standard as those in your Manhattan apartment building or at your ranch in Texas. Or at least they should be.
If you have fallen due to an Air BNB stairwell design defect in California, the personal injury lawyers at DTLA Law Group are here to help protect your rights and financial future. We will help you understand how premise liability demands that property owners maintain a general safety level in their properties at all times. In addition, we will explain what is needed to determine who is liable for your injuries and how to seek the compensation you deserve for your injuries, losses, pain, and suffering. Contact our office 24/7 to schedule your free consultation with an expert Air BNB stairwell design defect lawyer at DTLA Law Group.
Possible Reasons For A Fall On An Air BNB Stairwell
Knowing that all stairways are built to specific standards, you might be confused about how anyone could trip and fall on a set of steps. The tread of a step is the part where you place your foot. This platform has a standard depth of between 8 and 10 inches. Basically, large enough to accommodate foot placement. The standard height of a step is 7.75 inches. That number can vary roughly half an inch up or down. However, it is not enough for your body to notice the difference. Therefore, you can traverse the stairwell with little or no conscious thought. Understanding the importance of step dimension and how most people use the steps in an “auto-pilot” mode, odd sizes steps in a stairwell can be a significant reason for many trip and fall incidents. However, there are many other culprits, including:
- Stairway Visibility – most people glance at the steps as they mount the stairwell. If the steps are hard to see, it can cause missteps as the person is unsure of the location of the first step and where to launch for the accent or decent.
- Color Blending – while this might sound odd, glancing down at a monochromatic tread and riser combination can be disorienting. When both are the same color, and the lighting is low, people become confused and misstep, resulting in a nasty fall.
- Poor Lighting – Poor lighting amplifies any other issues related to the step size, construction, and color. You glance at the steps as you move up or down them. But in low light, you can hesitate due to an unclear image of the next step causing a misstep and fall.
- Tripping Hazards – items left on a step in a stairwell can be very hazardous. In low or even good lighting, it is easy to overlook a slippery piece of paper on a step that could result in a fall.
- Stairwell Maintenance – lack of maintenance can also contribute to many stairwell falls. Loose carpet on a step, damaged tread covers, or treads worn smooth due to years of use all create a safety hazard.
Who Is Responsible For Air BNB Stairwell Design Defects
When thinking about design defects of a stairwell, you might assume that the builder of the Air BNB must be to blame. And if the size and construction of the stairwell do not meet the local and national building code, that could be where the liability falls. However, the Air BNB owner also has a hand in some of the design features of the stairwell, such as the amount of light in the space, the color of the riser and tread, and the materials used to cover the stairs. If any of these issues or the maintenance of the stairwell contributed to your fall, the Air BNB owner could be held responsible. In addition, you could file a suit against Air BNB depending on the insurance policies in place at the property.
How Premises Liability Impacts Your Fall In An Air BNB In California
Premises liability is a part of the legal system that defines a property owner’s responsibilities for property maintenance and safety. The premise is that property owners are obligated to keep their structures and the surrounding land free of safety hazards. This care level is considered to be the care that a reasonable person would consider sufficient. If a property owner has met that basic level, they meet their obligation for duty of care. However, if they are not providing that primary care and service, they are considered negligent and in breach of their duty of care. When negligence is established, the property owner is found to be financially responsible for any damages resulting from their negligent care of the property. In your case, the Air BNB owner’s lack of maintenance in the stairwell to correct a lighting issue or replace torn carpet on the steps would be considered negligence, if one of the following three criteria are met:
- The owner knew about the safety hazard but did nothing to repair it, mark the area as hazardous, or warn the renters in writing of a potential safety issue in the stairwell.
- The owner did not know about the stairwell safety concern but should have been aware of it if they were making prudent inspections of the property and providing the necessary maintenance
- The owner created a safety hazard by making a sub-par repair or inappropriate attempt to repair the stairwell.
Establishing any of these three criteria will determine negligence and help tremendously in securing your settlement for your injuries as losses due to a fall in the Air BNB stairwell.
The Statute Of Limitations On A Stairwell Fall In California
Victims of any personal injury have two years from the date of the incident to file a compensation claim. If the victim waits longer than two years, in most cases, they will have forfeited their right to compensation. Your legal experts at DTLA Law Group will help you understand any exceptions to this rule that might apply to your case and how to move forward to ensure that you do not lose the right to seek the compensation you deserve for your injuries and losses.
Will The Lawsuit Take A Long Time To Settle?
Each lawsuit is unique and will move forward at its own pace based on factors that could include:
- The severity of your injuries
- The time required for your recovery
- The workload of the court
- The actions of the party names in your lawsuit
However, your dedicated DTLA team will work endlessly to ensure your case moves forward as quickly as possible. We understand how important it is for you to get the settlement money owed you to pay medical bills and compensate for your lost wages as you heal.
How Much Is My Lawsuit Worth?
After meeting with the DTLA legal team, you better understand the expenses your lawsuit settlement could cover. We gather specific information to determine the dollar amount, including:
- The total of your medical bills
- Any lost wages if you cannot return to work
- The cost of any property damage
- Your legal fees
- Costs associated with added travel expenses due to your injuries
Your settlement amount will include these and other costs you incurred due to your injuries. In addition, your pain and suffering due to your injuries will also be considered and compensated.
No Added Fees Or Stress
At DTLA Law Group, we work with many clients facing financial challenges due to their injuries and inability to work. We see how medical bills and other living expenses affect these injured clients and their loved ones. Knowing the challenges they are already facing, we promise never to add to their financial complications with upfront legal bills. We only bill our clients after successfully securing them the settlement they deserve for their injuries and losses.
Even if you have been turned away by another law firm, please get in touch with the expert personal injury lawyers at DTLA Law Group. We know that the superior skill of our team allows us to successfully litigate many cases that other lawyers in the area have rejected. Allow us to provide you with a free second opinion review of the fact facts of your case. And if we see a way to help you seek compensation, we will take the case with no upfront fees. Contact us today to learn more.