Do You Deserve Compensation for Falling Down Stairs?

Stair accidents can happen because of property owner negligence. Get the injury compensation you deserve for falls on dangerous stairs.

Stairway accidents are responsible for more than one million emergency room visits every year.¹ People of all ages are injured from falling down stairs. However, women, children, and older adults tend to sustain more serious injuries.

Accidents caused by dangerous stairs happen every day. When you or a loved one are seriously injured by falling down stairs, you can pursue compensation for your injuries, lost wages, and emotional distress.

Who is Liable for Dangerous Stairs?

All property owners, including businesses and homeowners, have a legal duty of care (obligation) to keep their property safe and hazard-free for visitors. This duty means property owners must do everything within reason to make sure all stairs and escalators on their premises are safe.

Property owners who breach their duty of care by failing to maintain safe stairs are negligent. When negligence causes someone to be injured, the property owner is liable, meaning responsible for the injured person’s damages.

A property owner is legally liable for injuries when:

  1. The owner was aware or should have been aware of the dangerous stairs
  2. The owner neglected to take reasonable steps to fix the dangerous condition
  3. The building owner’s negligence was the direct cause of injuries
  4. The victim’s injuries are real and verifiable

If you’ve been injured on stairs or escalators, you can seek compensation for your damages from the negligent homeowner, business owner, or government agency responsible for maintaining the property.

Personal injury damages can include:

  • Medical bills
  • Out-of-pocket expenses
  • Lost wages
  • Pain and suffering

Escalator Accidents and Injuries

Escalators are an easy way to move between floors in shopping malls, casinos, airports, and just about any other public place with a high volume of foot traffic.

About 10,000 people are injured on escalators each year. The majority of escalator injuries occur from falls, often from jostling by other riders, elderly riders with balance problems, and intoxicated riders.

Falls and entrapment can be caused by mechanical malfunction and defects, such as:

  • Missing teeth on the escalator track
  • Broken or missing steps
  • Inappropriate gaps between the moving steps and escalator sides
  • Missing or loose screws

Escalator injuries caused by negligence are the responsibility of the building owner or management company.

Example: Improper Escalator Maintenance

Sharon loved shopping at the mega-mall. She was on her way to the lower level to meet a friend when a terrible accident happened. The escalator abruptly stopped, throwing her forward down the steps.

The mall escalator came with strict operation and maintenance instructions provided by the manufacturer, including the requirement to oil the gears once every thousand hours of use. The instructions warned that failure to follow the oil schedule could damage the escalator mechanism, causing it to stop suddenly.

Mall management decided to save time and money by postponing the regular escalator maintenance schedule until after 2,000 running hours. At about 1,600 hours of use, the escalator jolted to a halt.

Sharon was on that escalator. The abrupt stop threw her forward, crashing down the escalator steps. Sharon was rushed to the hospital with a traumatic brain injury, broken bones, and multiple scrapes and bruises.

The shopping mall owner was negligent for failing to abide by the manufacturer’s maintenance instructions. The owner knew or should have known that the escalator could malfunction and hurt someone without regular maintenance. The mall owner is therefore liable for Sharon’s damages.

How to Build a Strong Injury Claim

Proving a property owner was negligent requires believable evidence. Collecting evidence for a slip and fall accident starts at the scene.

1. Take Photographs and Videos

Photographs and video footage are convincing evidence. It’s hard to argue with a picture clearly showing a broken step, torn carpeting, or missing stair banister.

If you’re hurt in a stair accident, take as many pictures as you can. Identify the dangerous condition and document it in relation to the surrounding area.

2. Identify Witnesses

Family and friends who were with you when your fell can serve as witnesses. Independent witnesses are even better.  Independent witnesses have no personal or financial interest in your claim, so the insurance company will give more weight to their version of what happened.

3. Ask for a Copy of the Incident Report

An incident report is a form completed by property owners or managers that details the circumstances of an injury. They will have someone complete an incident report that will serve as another link in the chain of evidence. The office will send the report to their insurance company.

4. Listen for Admissions Against Interest

An admission against interest is a comment made by the property owner or an employee that helps show their negligence.

An apology, or a staff member saying something like, “Oh yes, we’ve had some complaints about that stair banister for over a week now, we’re waiting for the repair crew to fix it” is an admission against interest. It’s strong evidence the property owner knew about the danger.

5. Document Your Injuries

Medical records and bills are vital evidence for a successful injury claim. Without proof of medical treatment, there is no injury claim. Medical bills and related costs are the major component of calculating a settlement amount.

Never refuse or delay medical treatment after an escalator or stair accident. It’s embarrassing to find yourself in a heap at the bottom of the stairs, but don’t give in to the urge to dust yourself off and get out of there.

Notify someone at the accident scene, preferably the building owner or manager. Let them know you’re hurt. If you don’t go straight to the hospital from the scene, you must have a same-day medical evaluation by your doctor. If your primary care provider isn’t available, go to the nearest emergency room or urgent care center.

Tell every medical professional who examines you exactly when, where, and how you were injured. You want their medical notes and your treatment records to clearly link your injuries to the accident.

Get Fair Financial Compensation

If you’ve recovered from minor injuries like bruises, sprains, or small cuts and scrapes, you can probably negotiate a settlement directly with the insurance company. You have the right to seek legal advice at any time during settlement negotiations.

Calculate a fair settlement amount by adding up your medical bills, out-of-pocket medical expenses, and lost wages. Then, add one or two times that amount for pain and suffering.

Lastly, send a written settlement demand with copies of your bills, your lost wage statement, and other evidence to support your claim. You will likely go through several rounds of negotiations with the insurance adjuster before reaching a mutually agreeable amount of compensation.

Help for Complicated Personal Injury Claims

If you’ve suffered serious injuries or your claim is complicated, you’ll need a skilled personal injury attorney to get anywhere near fair compensation.

Some types of injuries, like fractured hips, head injuries, or permanent scarring are complicated, high-dollar claims. Insurance companies routinely offer lowball settlements to claimants who don’t have an attorney.

Complicated claims can include:

  • Accusations of shared blame
  • Child injuries
  • Product liability claims, such as for defective escalators
  • Multi-party lawsuits, for example, when the building owner and the escalator manufacturer are both negligent
  • Building code violations
  • Wrongful death claims
  • Government injury claims

Most premises liability law firms offer a free consultation to fall victims. Your attorney will likely work on a contingency fee basis, meaning they don’t get paid unless they settle your insurance claim or win a lawsuit.

There’s no obligation, and it costs nothing to find out what an experienced personal injury lawyer can do for you.

Does the Insurance Company Blame You?

Accidents from slippery stairs or broken handrails can happen to anyone, and the results can be catastrophic to the injured person and their family.

The property owner’s insurance company will look for a reason to blame you for falling down stairs. They’ll jump at any excuse to deny your injury claim.

It’s important to know that most states have modified comparative fault laws, meaning you’re eligible for compensation even when you share a portion of blame for a stairwell or escalator accident. In most cases, your potential compensation is reduced in accordance with your percentage of fault.

The insurance adjuster doesn’t get to have the last word about shared fault. If you’ve been blamed for falling down a flight of stairs, talk to a personal injury attorney about your claim. An attorney will evaluate your true share of blame, if any.

Stair Accident Claim Questions