Stairwells that fall into disrepair and collapse can cause serious injuries. When building owners fail to keep their stairwells in proper working condition then they are liable for the injuries suffered and sustained by their tenants and users of the property. If you have been injures in a staircase collapse at a construction site, due to faulty design or improper maintenance contact out Personal Injury Lawyers today.
Stairwells as common areas: Property Owner Liability
Stairwells are common areas in the property. Common areas are those which need to be kept in proper repair by the property owner. When a property owner fails to maintain such conditions on the property and injuries occur, they will be held liable for the harm. Property owners owe a duty of care to those who use their property. Part of the landlord’s liability will rely on
(1) whether they actually had notice of the defective condition; and
(2) whether they retained control of the stairwell.
Notice by the landlord is expected, and in certain circumstances they even have a duty to care and inspect for defective conditions on the property. When the landlord fails to undertake these steps they should be held liable for the injuries cause by their negligence.
Types of injuries caused by Stairway Accidents
Injuries caused by stairwell collapses or defects vary. We have seen cases from death to moderate injuries including broken bones or minor bruising. Common injuries resulting from faulty stairway design accidents are as follows
- Broken Limbs
- Skull Fractures
- Traumatic Brain Injuries
- Facial Cuts and Bruising
- Broken Teeth and broken Nose
- Fractures Pelvis
- Permanent Injuries including Disfigurement
- Spinal Cord Injuries
- Sever Neck Injuries
- Soft Tissue Injuries
- Traumatic Eye Injuries leading to blindness
- Stairway Collapse Fatalities
Is it always worth filing a lawsuit for my injuries?
The short answer is no. Each case requires its own attention; however cases with low dollar amounts can likely be settled with the property owners insurance directly. Many clients often ask why they should obtain an attorney for larger injuries. The answer is simple, because insurance companies and property owners may not take you seriously unless they know that a lawsuit is possible.
What if the injured party had died? Wrongful death claims against Property Owners:
Death can occur as a result of stairwell collapse. In such cases the force and debris from the stair well can crush the victim’s body causing serious internal bleeding and brain damage. In such instances the family of the deceased victim can bring what is known as a “survivor’s cause of action” against the property owner. In such cases you will be entitled to compensation for the loss of your family member. Family members do not include any member of your family. Who is considered a family member? Well this depends on the size and structure of your family. In such cases your family is generally considered your mother, father, wife and or spouse. They are considered your immediate family and have standing to bring a cause of action for your injuries. If there the family structure is different than uncles, grandparents or other close living relatives may have standing.
Reasons for stairwell collapse: There can be a number of reasons attributed to the collapse of a stairwell. Depending on what it is made of a stairwell can collapse because it is improperly maintained, poorly constructed or has fallen into disrepair. When the stairwell falls into disrepair or no maintenance is performed and notice is not given to the users, the landlord can be liable.
Recovery for injuries: Injuries that are recoverable can depend on how they occurred. How did you get injured and what are your damages? Were you able to go to work? Have you suffered emotional suffering? How much were your doctors and medical bills? Do you required future medical care or treatment? Can you continue to work? All of these questions are factors in deciding your ultimate claim for damages. Generally you can recover for medical bills, loss of income and emotional distress. However, you may not be entitled to recovery for all of your losses and it is important to discuss your case with a professional.
Selecting the Right Legal Representation:
Our approach is simple; never stop fighting until we get the compensation our clients deserve. Whether it is medical care, proper treatment or money for their injuries we are on your side. If we can help, give us a call we would be happy to go over your case.
Who should I call? Downtown LA Law is Los Angeles area law firm working with accident victims and helping them obtain maximum recovery for their injuries. We fight hard to help you get the right recovery.
Remember: It is crucial to act quickly before any limitations can lower or extinguish your rightful claim. Call us for a free consultation with one of our attorneys regarding your claim