Falling down the stairs can be incredibly painful and result in serious injuries like sprains, broken bones, spinal damage, and head trauma. If you fell as a result of broken stairs on someone else’s property, you may be wondering whether you can hold the owner responsible for your various damages. To learn about your legal rights after falling on broken stairs, continue reading and consult with a knowledgeable Bergen County slip & fall lawyer today.
How Does Premises Liability Apply to a Fall on a Broken Staircase?
Premises liability is a legal concept that holds property owners responsible for accidents and injuries that occur on their property due to their negligence. Under premises liability laws, property owners have a legal obligation to provide visitors with a reasonably safe environment free from hazards. In order to maintain a safe property, owners and occupants are expected to regularly inspect the premises, perform maintenance to prevent and fix issues, take prompt action when danger arises, and warn guests about potential hazards through signage or verbal warnings.
Different categories of visitors are treated differently under state law. Invitees, like customers at a store, tenants, or any person entering the property for a purpose that benefits the owner, are owed the highest duty of care. Licensees (social guests, family, or individuals legally allowed on the property but not for a business purpose) are next, with trespassers being owed the least strict level of protection.
What Are My Legal Rights After Falling on Broken Stairs in NJ?
Your legal rights after falling on broken stairs depend on whether the property owner is responsible for the accident and the type of visitor you are. If you were trespassing on the property and became injured on a broken staircase, you may not have a valid claim. Property owners generally only need to avoid intentional harm towards individuals who enter the property without permission, meaning that they cannot set traps with the intention of hurting trespassers. However, they do not have to warn intruders about hazards or take extra care to make their unlawful visit safe.
However, if you were an invitee or licensee, you likely have the right to sue for compensation after taking a fall on broken stairs. If the property owner failed to warn you about a risk they knew was present or should have known was present, you can take legal action in the form of a liability claim or lawsuit.
If you were injured by broken stairs in New Jersey, you may have the right to hold the property owner accountable. Understanding premises liability law and taking the right steps after your accident is crucial in protecting your rights. Work with an experienced attorney at Feitlin, Youngmna, Karas & Gerson, LLC for skilled representation during your case.
