When you use a stairway at an apartment complex, office building, restaurant, or other building, you are entitled to expect that it is reasonably safe. Unfortunately, loose handrails, crumbling concrete steps, warped board, or poor lighting can cause a serious, life-changing fall. And with over 1 million people treated annually for injuries sustained in stairway falls, they are an all-too-common occurrence.
At Turner-Monahan, PLLC, attorneys Matthew T. McLain and Tyler R. Monahan represent Texans who are injured when property owners or managers fail to properly maintain stairways. These claims are based on the legal concept known as premises liability.
What Is a Premises Liability Claim in Texas?
“Premises liability” is the legal term for a type of negligence claim where someone is hurt because of an unreasonably dangerous condition on a piece of real property.
In Texas, when you are on someone else’s property as a customer, tenant, or other invitee, the owner or person in control of the property generally must:
- Use ordinary care to keep the property reasonably safe;
- Regularly inspect the premises for dangerous conditions;
- Fix or make safe hazards they know about or should know about; or
- Warn you if they can’t fix the danger right away.
When an owner or property manager fails to do this and you are injured as a result, you may have a premises liability claim.
Dangerous Stairways Cause Serious Injuries
Stairways pose unique risks because even a small defect can result in serious injuries caused by a fall from a height. The following conditions, usually from a lack of proper maintenance or poor design, can lead to a fall:
- Broken or crumbling steps
- Loose or missing handrails
- Uneven risers or treads
- Worn-down or torn carpet on steps
- Poor lighting that makes problems with a stairway difficult to see
These types of hazards can cause severe injuries, ranging from broken bones to head injuries, and these injuries often result in serious pain, medical expenses, and lost wages from missed work. Sadly, over 12,000 individuals in the United States die each year as a result of stairway falls.
What You Must Prove in a Broken-Stairway Case
Texas premises liability law requires more than simply showing you were hurt on someone else’s property. To succeed on a premises defect claim, an injured person typically must prove:
- There was an unreasonably dangerous condition on the property (for example, a broken step, loose handrail, or unreasonably slippery stair).
- The condition posed an unreasonable risk of harm.
- The owner or person in control knew or, in the exercise of ordinary care, should have known about the condition.
- They failed to fix the condition or adequately warn about it.
- That failure proximately caused your injuries.
Knowledge is key. In order win your case, we must demonstrate the owner knew or should have known about an unreasonably dangerous condition on the staircase. We do this through:
- Prior complaints or incident reports;
- Maintenance records showing ongoing problems or showing that the staircase was not regularly inspected;
- Video footage;
- Witness testimony; or
- Expert testimony showing that the dangerous condition must have existed for an extended period of time.
What to Do After a Fall on Broken or Damaged Stairs
If you have been hurt because of a fall caused by a dangerous stairway, taking the right steps early can help protect your health and your claim:
- Seek medical care immediately.
Even if you think you are “just sore,” falls often cause injuries that are not immediately obvious and that may worsen over time. Prompt medical treatment helps facilitate proper care and creates a clear record linking your injuries to the fall. - Report the incident to the property owner or management company, and ask for a written report to be made and provided to you.
- Photograph or video the scene and your injuries as soon as you can being careful to obtain images of the defect in the stairway that caused your fall as well as pictures of any visible injuries you sustained.
- Obtain the names and contact information for any person that saw you fall.
- Preserve physical evidence.
Keep the shoes and clothing you were wearing in a safe place, and do not clean or alter them in any way. - Do not give a recorded statements to any insurance company before you talk to a lawyer. Insurers often try to lock you into statements that minimize your damages or their insured’s responsibility.
- Contact an attorney experienced in Texas premises liability cases.
The sooner an attorney like Matthew McLain or Tyler R. Monahan is involved, the better your chances of recovering compensation for your injuries.
Talk to Matthew McLain About a Broken-Stairway Injury
If you or a loved one has been injured because of a broken step, loose handrail, or other defective stairway anywhere in Texas, you don’t have to navigate the process alone.
Premises liability cases are fact-intensive, and property owners and insurance companies will move quickly to prepare their defenses. Retaining a lawyer early can make a significant difference in preserving evidence that is crucial to an injured person’s claim.
Reach out to Turner-Monahan, PLLC and ask to speak with attorney Matthew T. McLain about your potential premises liability claim. An initial consultation can help you understand:
- Whether the property owner may be responsible,
- What evidence is important to preserve, and
- What next steps make sense for you and your family.
Texas law limits the time you have to file a lawsuit to recover compensation for your injuries.
Our approach is simple:
Committed. Focused. Results.
Contact Turner-Monahan, PLLC today to discuss your stairway-injury case.
