Sep 092013
 

Stairway fall accidents are particularly dangerous. Someone who falls down an entire flight of marble stairs may suffer catastrophic injury. Fractured bones, spinal injuries and head trauma are very common in stairway accidents.

Those who are injured in stairway accidents in Pennsylvania often want to know if they have a viable lawsuit and whether they will be successful in their case.

Is Your Pennsylvania Stairway Fall Accident Case Viable?

Initially, determining whether to proceed with an accident and injury lawsuit depends on two issues, 1. whether there is sufficient evidence of negligence and 2. whether the damages warrant proceeding with the case.

Sufficient Evidence of Negligence/Liability in a Stairway Fall Accident Case

Under Pennsylvania fall accident law, a property owner is required to act reasonably with respect to defective conditions on the property. In addition, commercial entities such as stores, malls, restaurants, etc., owe a higher duty to customers or people invited to the business for the benefit of the property owner. Under PA law, businesses must rectify or warn of dangerous conditions. In addition, businesses must perform reasonable inspections of the property to discover dangerous conditions.

In a stairway fall accident case, a department store or shopping mall may be liable where there is evidence that the stairway was in a state of disrepair. Common dangers which result in stairway accidents include:

  • chipped concrete or marble,
  • worn or missing slip resistant materials,
  • holes/tears in stair coverings such as carpet, and
  • riser/tread depth inconsistencies.

The key is proving that the condition existed at the time of the fall and that it caused the accident. Therefore, to the extent possible, getting pictures of the defect or dangerous condition within a reasonable time after the fall will be important.

After it is established that a particular defect existed, the next step is proving that the owner knew about the defect, created the defect or otherwise should have known about it. These issues will become important during litigation and discovery.

Related Article: Pennsylvania Stairway Fall Accidents – What You Need to Know if You Fell Down Stairs

Do the Damages Warrant Proceeding with a Fall Accident Case?

In some cases, an individual who trips and falls will not suffer major injuries. A simple strained ankle or minor back pain may not necessitate any real medical treatment. In such cases, it is probably unwise to proceed with a lawsuit. While of course, there is a real injury, the costs associated with bringing a lawsuit would probably outweigh the benefit of proceeding with the case.

However, it is important to note that injuries which seem insignificant at first may turn out to be quite serious.

If you’ve been injured in a fall accident, like a stairway fall accident, in the Pennsylvania area, please feel free to contact our Philadelphia fall accident lawyers for a free initial consultation. 215.925.4451

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Pennsylvania & New Jersey Stairway Fall Accident Lawyers

Schwartz & Blackman has been representing the injured and their families for over thirty years in fall accident cases. Our firm offers a free consultation for all Pennsylvania and New Jersey injury and accident victims. Call now and ask for your free consultation. 215.925.4451

Schwartz & Blackman handles fall down accident cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

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