Omaha Defective Stairs Attorney
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Legally Reviewed By: Robert M. Knowles
Attorney & Partner At Knowles Law Firm
Multiple level properties are always an attractive option for families looking for a new home, or businesses looking to expand their company. Multiple floors allow properties to be constructed on a smaller parcel of land while making the best utilization of space. Property owners should carry liability insurance to protect themselves from potential financial consequences resulting from negligence or injuries sustained on their property.
However, along with the multiple levels comes the unfortunate impact of defective stairs on the property. While this is principally a concern of older properties which have not been adequately repaired, some newer properties may also contain defective stairs as a result of shoddy craftsmanship.
An defective stairs attorney at our Omaha personal injury law firm can help.
Is the Property Owner Liable In Defective Stairs Cases?
A property owner is typically held liable for any injuries which occur on their premises, including injuries caused by defective stairs. Injuries from stairs can take many forms, but often involve a fall from a high location, and can lead to the following:
- Broken bones
- Concussions
- Spinal cord injuries
- Paralysis
- Brain injuries
- Internal organ damage
Victims can file liability claims to seek compensation for medical expenses, lost wages, and suffering. A victim may file a claim for all corresponding damages which will cover medical expenses, lost wages, and related damages. A premises liability attorney can help victims recover damages from property owners due to negligence. A Omaha personal injury lawyer can help you collect the evidence you need to get started.
How Common are Defective Stair Accidents?
Many of us walk up and down the stairs on a daily basis, sometimes purposely taking the stairs to become more physically fit. We do not take the stairs anticipating a terrible accident to occur. However, a report issued by the Center for Injury Research and Policy at Nationwide Children’s Hospital found that every six minutes, a child under the age of five is injured by falling down the stairs.[1] In just a ten year time period, nearly 100,000 children were taken to the hospital as the result of injuries sustained by falling down the stairs.
Falls down stairs can result in traumatic brain injuries, which can have severe cognitive and emotional impacts.
Unfortunately, many of these injuries occur while parents are carrying their child up or down the stairs. It is easy to see how easy a stair injury can occur on stairs without defects, but defective stairs make any injury that much more catastrophic. If you are a parent carrying down a newborn baby down a set of stairs only to have one of the steps give way, the results can be terrifying.
As a parent, the safety of stairs is often of utmost importance when visiting a different property and you often go through extreme cautions in new stair situations. However, it is difficult to perceive hidden defects lurking in the stairs which are often due to wood decay or the craftsmanship of the stairs.
Defective stairs can take many forms, including:
- Rusty nails
- Old wood
- Incomplete repairs
While potential property owners must go through an inspection prior to the purchase of a new property, there is no requirement that property owners maintain an ongoing current inspection. Therefore, wood may slowly be rotting away without a property owner’s knowledge and can lead to terrible injuries given the right circumstances.
Contact Our Omaha Defective Stairs Attorneys
If you or a loved one have been injured due to defective stairs, do not hesitate to contact the attorneys of the Knowles Law Firm. Our attorneys have years of experience in handling all types of personal injury claims, including those caused by defective stairs. Defective stairs are unfortunately more common than you would think and can cause extreme injuries to anyone on the staircase as well as those to people below the staircase. Contact our Omaha, Nebraska office today for your initial free consultation.
[1] http://www.cbsnews.com/news/stair-injuries-report-every-six-minutes-us-child-falls/
Frequently Asked Questions About Defective Stairs Lawyer In Omaha
How can someone recover compensation after a stairway accident due to defective stairs?
To recover compensation after a stairway accident, you must prove that the property owner’s negligence directly caused the injury. This might involve showing that the stairs were in disrepair or had defects like broken steps, loose rails, or worn materials. Proving hazardous conditions is crucial in a premises liability claim. An attorney skilled in fall accidents can help gather necessary evidence, such as maintenance records and witness statements, to support your claim for medical expenses, lost wages, and more.
What are common causes of stairway accidents in older buildings?
Stairway accidents in older buildings often result from issues like rotting wood, loose railings, or outdated materials that weaken over time. These factors can make the stairs hazardous, leading to fall accidents that may result in serious injuries. In some cases, building codes have changed, and older stairs may not meet modern safety standards, further increasing risks for stair accidents. Stairway accidents can be more complex than straightforward slip and fall claims due to these unique challenges.
Are property owners liable for fall accidents on stairs in rental properties?
Yes, property owners are generally liable if a stairway accident occurs due to unsafe or defective stairs on rental properties. They are responsible for maintaining the premises and ensuring repairs are timely. If a renter or visitor suffers injuries from fall accidents caused by poor maintenance or defective conditions, the property owner could be held responsible, making them liable for compensation related to injuries, treatment costs, and lost income. Dealing with an insurance company can be challenging without legal representation.
What steps should be taken immediately after a stair accident to strengthen a compensation claim?
After a stair accident, documenting the scene is crucial. Use your phone to capture photos or videos of the stairway’s condition, noting any visible defects such as cracks or uneven steps. Collect witness contact information and save medical records related to your injuries. Documenting medical bills is crucial for supporting your compensation claim. This evidence can be valuable in supporting your claim and may help you recover compensation for medical expenses, time off work, and other associated costs.
Can someone be compensated for emotional distress after fall accidents on stairs?
Yes, emotional distress is often considered in personal injury cases involving fall accidents on stairs. If a stairway accident caused severe injuries leading to lasting emotional impact or trauma, you might be eligible for compensation. Personal injury attorneys can help demonstrate the psychological effects of your injuries and work to ensure emotional damages are included in your compensation claim.
About Our Attorney
Robert M. Knowles
Attorney & Partner at Knowles Law Firm
Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.
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