Ohio Injury Due to Poorly Maintained Stairs Slip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Poorly Maintained Stairs Slip and Fall Injury throughout the State of Ohio.
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Ohio Broken Stairs Attorney: Injured on Poorly Maintained Steps?
Stairs are one of the most hazardous features in any commercial property. When a business fails to maintain them—resulting in broken steps, loose treads, uneven risers, or missing handrails—the resulting trip and fall injuries can be devastating.
If you or a loved one suffered a fall on poorly maintained stairs at an Ohio business, our experienced Personal Injury Attorney team can help. We specialize in premises liability claims involving structural defects, fighting to hold negligent property owners accountable.
The Business Owner's Duty: Broken Stairs Under Ohio Law
Under Ohio premises liability law, business owners owe their customers (invitees) the highest duty of care. This means they must actively inspect the premises and either repair hazards or provide adequate warnings against them.
A poorly maintained staircase, with defects like broken steps or loose treads, constitutes an unreasonable risk of harm. To establish negligence in your stair fall claim, we must prove the business owner had:
- Actual Notice: They were specifically informed of the broken condition (e.g., through prior complaints or an incident report) but failed to act.
- Constructive Notice: The defect existed for such a length of time that the owner should have discovered and fixed it through reasonable maintenance and inspection procedures.
- Creation of Hazard: The defect was caused by the property owner's or a contractor's faulty repair or poor construction, potentially violating state Building Codes (O.R.C. Chapters 3781 & 3791).
Fighting the "Open and Obvious" Defense
Property owners will often argue that the broken stairs were an "open and obvious" danger, which, under Ohio law, generally negates their duty to warn.
We successfully overcome this defense by demonstrating the presence of attendant circumstances that prevented you from anticipating the danger:
- Disrupted Uniformity: Stairs require uniform rise and tread depth. A single broken step is an unexpected structural defect that disrupts natural movement, making it a hidden, non-obvious trap.
- Poor Lighting: Dim lighting, shadows, or glare can obscure the defect, especially on the descent.
- Distractions: Merchandise, signs, or displays near the staircase can distract a visitor's attention away from the floor.
When these factors exist, we argue that the defect was not readily discernible, and the business’s duty to correct the condition remains intact.
Key Evidence and the Comparative Fault Rule
A successful claim relies on securing and preserving immediate evidence, which businesses often try to eliminate through quick repairs. Our firm immediately focuses on:
Building Code Analysis: Consulting with experts to confirm the stairs or handrails violated specific code requirements (e.g., inadequate tread depth, inconsistent riser height, or missing handrails).
Maintenance Logs: Obtaining inspection and repair records to establish notice of the defect.
Photos/Video: Documenting the defect's exact measurements and location before repairs are made.
Ohio's Comparative Negligence Rule (R.C. 2315.33)
The defense will likely claim you were partly at fault for your fall. Ohio uses a modified comparative negligence system. Your right to compensation is barred only if you are found to be 51% or more at fault for your injuries. If you are found less than 51% at fault, your total compensation will be reduced proportionately to your percentage of fault. We work aggressively to minimize any assigned fault.
Compensation for Stair Trip and Fall Injuries
Falls on stairs often result in severe, high-impact injuries because the victim falls from a greater height. We fight to secure maximum compensation for clients suffering from:
- Spinal Injuries and Vertebrae Fractures
- Traumatic Brain Injuries (TBIs) / Concussions
- Hip, Pelvic, and Knee Fractures
Your potential damages under Ohio law may include:
- Medical Expenses: Past and future costs for surgery, rehabilitation, and long-term care.
- Lost Wages and Earning Capacity: Income lost during recovery and compensation for permanent disability.
- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of life enjoyment.
Time is Critical: The statute of limitations for most personal injury claims in Ohio is generally two years from the date of the injury (R.C. 2305.10). You must act quickly to preserve evidence and your legal rights.
If you were seriously injured due to poorly maintained stairs at an Ohio business, contact us for a free, confidential case evaluation.