Falls and structural failures in stairwells can cause tragedies. The risk increases in poorly maintained or rarely used stairwells, where an injured person may not receive timely assistance.
For survivors, the aftermath of stairwell accidents in Houston can be difficult to navigate. Under state law, it can be challenging to hold a business or owner responsible for an accident. Nonetheless, the slip and fall attorneys at Fleming Law Accident & Injury Attorneys work to achieve accountability and recovery for our clients every day.
Our Houston attorneys often deal with stairwell accident cases that involve:
In a building without proper security or maintenance, an injured person in a closed stairwell may not be seen for hours—or worse.
State law first considers who was injured and what they were doing on the property. The injured person’s business on the property determines whether the owner or occupier owes them a duty of care. If they do, they may be liable for the Houston stairwell injury.
A person’s presence on another’s property falls under one of three categories. They may be an invitee at a business, such as a customer, student, employee, or tenant in a common area of a rented building. They may be a licensee: a visitor in a home or a government building present for their own benefit. Finally, they may be a trespasser, with no permission to be on the property.
In the state, owners and occupiers owe the highest duty of care to invitees. If they know—or should know—of an unreasonably dangerous condition, they must either warn their invitees or make the area safe. However, if the hazard is open and obvious, the owner may still avoid responsibility for an accident.
Owners have a lower duty of care toward licensees, though they can still be responsible for hidden hazards they are aware of. With narrow exceptions, no one owes a duty of care to trespassers.
Damages comprise compensation for all losses resulting from an accident. Economic damages cover medical expenses, lost future opportunities, and other calculable losses. Non-economic damages cover real but intangible losses, such as anguish, humiliation, and pain and suffering.
After a harmful incident on a stairwell in Houston, you should collect all possible evidence of economic damages, including documents related to:
It is also wise to keep personal journals and other accounts of your recovery period. Doing this helps demonstrate the mental and emotional impact of your accident, which is the basis for a claim of non-economic damages.
Stairwell accidents in Houston can lead to devastating injuries, and property owners and businesses may attempt to avoid liability or blame you for the incident.
You deserve tenacious, experienced counsel for your case. Contact Fleming Law Accident & Injury Attorneys today. We are available 24/7 to discuss your case.
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