Were you hurt in a fall accident on a dangerous staircase? You have the right to seek compensation for your damages from the at-fault business or property owner. Staircase accident claims fall under premises liability law. You can sue for a staircase accident if you can prove that negligence contributed to your injuries. Here, our Wisconsin slip and fall accident attorney explains the key points to understand about bringing a personal injury lawsuit after being hurt on a staircase.
Staircase Accidents Can Be Exceptionally Dangerous
Staircase safety is extremely important. Too many people are seriously hurt or killed in staircase falls every year. A study cited by the National Institutes of Health (NIH) found that around one million people seek professional medical attention annually in the United States for staircase accident injuries. The combination of elevation, hard surfaces, and the potential for a sudden fall creates a heightened risk. Some of the most common injuries from staircase accidents include:
- Sprains and strains;
- Broken bones;
- Traumatic brain injuries (TBIs);
- Spinal cord damage; and
- Death.
Businesses and Property Owners May Be Liable Under Premises Liability Law
In Wisconsin, businesses and property owners have a legal responsibility to maintain safe premises for visitors. Under premises liability law, they may be held liable for injuries caused by unsafe conditions, including hazardous staircases. To be clear, neither a business nor a property owner is automatically liable for an accident that happens on a staircase. Quite the contrary, the injured victim must prove that they were harmed because of negligence.
Business and property owners must address unreasonably dangerous safety hazards—such as broken steps, loose handrails, poor lighting, or slippery surfaces. If they fail to take proper steps to ensure safety and an accident occurs, the injured victim may have a premises liability claim. To succeed, a staircase accident victim must prove that the property owner knew or should have known about the dangerous condition and failed to correct it.
How to Establish Liability in a Staircase Accident Case
How do you hold a business or property owner liable for a staircase accident? It is crucial that you are prepared to build a strong, compelling claim that shows that their negligence was a factor in causing the accident. Here are four required elements of a staircase injury claim:
- Duty of Care: To start, you must prove that the property owner owed your legal duty of care to ensure the staircase was safe. As a general rule, the duty depends on the victim’s status as an invitee, licensee, or trespasser. In Wisconsin, businesses and property owners only owe very limited safety obligations to trespassers.
- Breach of Duty: Next, you must prove that the defendant breached their duty by failing to address or warn about a hazardous condition. For example, imagine the owner of an apartment complex is notified that there is a broken step in a stairwell. Months go by and nothing is done to address the issue. By neglecting to fix the broken step in question, that property owner may be deemed negligent.
- Causation: You must also be prepared to link the safety hazard within the stairwell to your accident. In other words, you must prove that the defendant’s breach of duty directly caused your accident. Without causation, there is no liability.
- Damages: Finally, you must prove that you suffered actual harm as a result of the staircase accident. In Wisconsin, your ability to recover financial compensation through a premises liability claim is tied to establishing your damages. You need to show the full extent of the harm that you suffered—from medical bills to lost wages to pain and suffering.
Be Proactive: Know the Legal Deadline to Bring a Claim
Premises liability claims are time-sensitive. Following a staircase accident, it is crucial that you take immediate action. Under Wisconsin law (Wisconsin Statutes § 893.54), there is a three-year statute of limitations for premises liability cases, including staircase accident claims. Any claim for an injury caused by a dangerous and defective staircase must be brought within three years of the date of the incident. Be proactive: Consult with a Wisconsin premises liability lawyer right away.
Recovering the Maximum Financial Compensation
Through a premises liability claim in Wisconsin, injured victims have the right to seek compensation for both economic losses and non-economic damages. Unfortunately, you cannot rely on any business, property owner, or property insurance company to look out for your best interests. They have a financial incentive to resolve claims for the minimum amount possible—even when liability is clear and cannot be contested. Our Wisconsin fall accident attorneys help victims and families seek financial compensation for:
- Emergency medical treatment;
- Hospital bills;
- Physical therapy;
- Medications;
- Medical equipment;
- Loss of wages;
- Diminishment of earnings;
- Pain and suffering;
- Mental distress;
- Long-term disability;
- Loss of quality of life;
- Wrongful death.
How Fitzpatrick, Skemp & Butler Can Help With a Premises Liability Claim
Premises liability claims are notoriously complex. At Fitzpatrick, Skemp & Butler, LLC, we have for justice, accountability, and the maximum financial compensation for victims and families. Negligent businesses and negligent property owners must be held accountable—including for fall accidents that happen on dangerous, defective, and poorly maintained staircases. If you or your loved one was hurt in an accident on a dangerous staircase, our Wisconsin premises liability lawyers are more than ready to help. Initial consultations are free and completely confidential.
Contact Our Wisconsin Fall Accident Attorney Today for a Free Case Review
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin premises liability attorneys have the skills and experience to take on all types of fall accident injury claims. If you or your loved one was hurt in a fall accident, we are more than ready to help. Call us now at 608-784-4370 or contact us online for a free, no strings attached case review. With offices in Eau Claire, Onalaska, and La Crosse, we handle fall accident claims across the wider region in Wisconsin.