When somebody suffers injuries on a property, who’s responsible?
Property owner handrail liability causes many injuries each year. In fact…
Most property owners aren’t even aware that liability can apply to them.
In This Article
- What Is Premises Liability?
- How Property Owners Become Legally Responsible
- How Handrails and Safety Features Factor In
- Elements That Must Be Included in a Successful Claim
- Steps to Take After You’ve Been Injured
What Is Premises Liability?
Premises liability is a legal term that defines who is responsible if someone is injured on a property.
Homeowners, landlords, building owners, and commercial operators can all be liable if someone gets hurt due to unsafe property conditions. Governments can be liable too.
Essentially, if negligence caused your injuries on someone else’s property, you may be able to sue the owner.
Property owners are responsible for maintaining a safe environment for visitors. If they fail to do so, and someone gets hurt, they can be held liable.
Invitees and customers are owed the greatest duty of care. Property owners must conduct regular inspections and make repairs as necessary.
How Property Owners Become Legally Responsible
You would be surprised at how many injuries are caused by property owner handrail liability each year.
The National Safety Council reports over 8.8 million emergency room visits due to fall injuries alone in 2023. Many of these falls were due to defective stairway conditions.
Broken, loose, and missing handrails are major hazards which often lead to fall accidents. Property owners are held liable when they don’t provide adequate handrails or repair defective ones.
If you were injured in a slip and fall accident due to a property owner’s handrail, you should contact a Loose or Missing Handrails Slip and fall Lawyer to see if property owner handrail liability applies to you.
Essentially, property owners are liable when…
- They know about the hazard.
- They don’t take steps to repair the hazard.
- Someone gets injured because they didn’t take action.
It’s really that simple.
But you must prove all these elements apply to your case. Here’s how.
How Handrails and Safety Features Factor In
You’d be surprised at how many slip and fall accidents are caused by hazardous handrails.
Studies done by the American Journal of Emergency Medicine reveal over 1 million annual visits to the emergency department due to stairway-related injuries. Missing handrails are one of the primary causes.
Handrails should be upright, securely fastened, and free of damaged components. The handrail itself should be easy to grasp and free of cuts.
Failure to provide safe handrails opens a property owner up to liability exposure. Properties with older, neglected buildings have the highest chance of missing or defective handrails.
This includes many apartment buildings and rental properties. Safety inspections often find handrail issues during regular building maintenance.
…and did you know that there are even laws and building codes that require handrails?
Workplace stairways must provide handrails, according to OSHA. The International Building Code specifies handrail requirements for residential and commercial buildings.
Building owners who neglect these standards are knowingly putting people at risk of injury.
Elements That Must Be Included in a Successful Claim
To have a successful premises liability claim, you must prove several factors.
The injured party must show that:
- The property owner had a duty of care.
- The owner breached that duty of care.
- The breach caused them to suffer injuries.
- They can provide documentation of actual damages.
You must establish each of these factors. If you skip one, your chances of success diminish.
The property owner owes a duty of care to all people entering their premises. Customers of a business have the highest duty of care.
Guests, patrons, and visitors are owed a reasonable amount of care. Trespassers should be able to expect the property is free of willful harm.
When an owner fails to uphold their end of the bargain by properly inspecting the property, they breach that duty.
If the property owner was made aware of a loose handrail through complaints, that’s a breach of duty. Installing a handrail when one is required by law would be another example.
The causation must be due to unsafe conditions on the property. If you fell because you were texting and not paying attention, you wouldn’t win your case.
Finally, you must show you suffered actual damages due to the fall. Medical expenses, lost wages, pain and suffering, and long-term injuries are all examples of damages.
Steps to Take After You’ve Been Injured
If you’ve been injured on someone else’s property, you have to protect your legal rights.
First and foremost, document everything. Take pictures of the hazardous condition which caused your fall. Take photos of your injuries and the surrounding areas.
Report the incident to the owner or manager in writing. Seek medical attention as soon as possible.
If you think you are okay, you likely will be. But sometimes injuries are not apparent right away.
Don’t leave the scene until you get the name and number of any witnesses. Preserve any damaged clothing and collect anything that may have caused you to fall.
Act fast.
Every state has what is known as a statute of limitations. You only have a certain amount of time to file a lawsuit against the property owner.
Property owners and their insurance companies don’t just want to pay you – they want to pay you as little as possible.
Premises Liability Explained: Conclusion
Premises liability laws were put into place to help prevent unnecessary injuries.
Property owner handrail liability is a huge portion of those accidents. When a property owner neglects to keep their property safe, innocent people get hurt.
Property owners are responsible for keeping their properties safe for visitors.
Faulty handrails are one of the leading causes of fall injuries.
You must prove the property owner was negligent in order to hold them liable. Proving negligence requires solid evidence.
Document, document, and do more documentation. Slip and fall accidents can lead to broken bones, traumatic brain injuries, spinal cord injuries, and death. By holding property owners accountable for their negligence, we can help prevent these injuries from happening to others.
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