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Can I File a Claim for Falling on a Broken Stairway

Can I file a claim for falling on a broken stairway? The reason why you would ask this question is because you have been injured from falling on a broken stairway.

The simple answer to this question is, “Yes.” You can file a personal injury claim for any injury or injuries you may have sustained from falling on a broken stairway.

The personal injury claim you can file is under a category of law that is known as premise liability law. This is a category of law in which the owner of land or a building may be held liable for certain kinds of injuries that a person sustains on their land or in their building.

Negligent


In a premise liability lawsuit, you bring a claim against the owner of the land or building in which you were injured. What you seek to demonstrate in this case is that the owner of the broken stairway was negligent in their upkeep and care of the stairway, and it was this negligence that was responsible for you falling and suffering your injury or injuries.

However, even though you can file a claim for falling and being injured on a broken stairway, it does not necessarily mean that this is the wise thing to do. There are some things that you need to carefully consider before filing a premise liability claim against the owner.

How serious


The most important thing to consider is how serious are your injuries from the fall on the broken stairway. If your suffered only some minor injuries, such as a few bumps and bruises, it will probably not be a good idea to bring a claim against the owner. On the other hand, if you sustained serious injuries, such as a concussion or other brain or head injuries, broken bones, internal injuries or some other type of trauma; it may be a very wise idea to file a premise lawsuit.

In addition to how seriously you were injured from your fall on a broken stairway, there are other things to take into consideration before filing a claim. These include:

Was the lighting inadequate or poor
The design of the stairs
The age of the stairs.

Should you decide to file a claim, in order for the owner of the broken stairway to be held liable and responsible for your fall and injury or injuries; one of these things has to be proven. They are:

The owner of the broken stairway or an employee knew about the danger and did nothing about it.
The owner or an employee should have known of the danger due to the fact that a “reasonable” person who was taking care of the stairs would have discovered, repaired or removed the broken stairway.
The owner or an employee caused the broken stairway to be there.

With these things in mind, before filing a claim for falling and being injured on a broken stairway, you really should contact a personal injury attorney and have your case evaluated at no cost or obligation to you. A personal injury attorney will know whether it is in your best interests to file a claim.

Article written by James Shugart

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