Stairway Accidents in Las Vegas

Common Causes of Stairway Accidents in Las Vegas

There are common causes for stairway accident lawsuits in Las Vegas that will allow you to pursue a personal injury claim against a negligent party, such as the property owner, product manufacturer, or even a third-party maintenance crew or contract company that maintains the safety of a building’s structures, like their stairways. 

Some of the common causes of stairway accidents include:

• Faulty, loose, or missing handrails: Handrails are essential in helping patrons safely climb up and down stairs, especially for vulnerable populations, like the elderly. If handrails are not there, or are fixed with faulty or missing screws, you can hold a property owner accountable for the lack of safety. Responsible parties, like a property owner, have a duty to ensure handrails are safe to use.
• Poor lighting and obscured visibility: Poor lighting in stair accidents can be caused by dim lighting, including poor lighting fixtures that are burnt out. 
• Structural defects: Issues with the overall structure of a stairway can also be hazardous and lead to an injury. This includes things like uneven, broken, or worn-out steps.
• Hazardous surface conditions: The surface of the stairwell itself can create a hazard. This will typically happen if there has been a spill, freshly mopped floors that are not accompanied by proper signage, and inherently slick materials, like polished marble. If the stairwell is outdoors, natural elements like rain and ice can also cause hazards that fall on the duty of a property owner to address.
• Clutter and obstructions on stairways: Having cluttered or obstructed stairways is another cause of staircase injuries that is overlooked. Property owners have a duty to provide a clear pathway for their patrons to walk through.

How Nevada’s Premises Liability Law Applies to Stair Injuries

It’s important to recognize that under premises liability law, a property owner is not automatically negligent. This must be proven in order for you to have a case.

There are four main elements that make up negligence. Those elements include:

• A duty of care: Property owners have a duty to provide a safe environment for their visitors. There is a distinction between the duty owed to invitees, licensees, and trespassers. Invitees have the highest duty of care while trespassers are owed the minimal duty of care. 
• Breach of duty: If a property owner violates their duty to you, then they have breached their duty of care. Under a premises liability claim, a property owner who knew or reasonably should have known about the hazard yet failed to act could be recognized as breaching their duty to you. 
• Causation: Causation is often the most difficult prong of negligence to prove, especially with a stairway negligence claim. Causation is a legal concept that an individual’s negligence needs to be directly linked to the victim’s fall and the injuries they’ve suffered because of that fall. Essentially, their negligence is what caused your accident, and in turn, your injury to happen.
• Damages: To be able to move forward with a personal injury claim, like a stairway accident lawsuit, you must show that you suffered actual, compensable harm. Damages include both economic and non-economic damages. This encompasses losses like the cost of medical bills, out-of-pocket expenses, and pain and suffering, among other damages.

Additionally, Nevada specifically rejects the open and obvious doctrine as an absolute defense. Essentially, it’s acknowledged that a person is responsible for their own safety when faced with clear danger. However, this is not an automatic defense in cases like premises liability stair injuries. Even if a danger is openly visible, a property owner cannot be fully absolved of negligence.

Who Can Be Held Responsible for a Stairway Fall?

Premises liability stair injury cases can be complex. Depending on where the accident happened, and the cause of your accident, there can be several parties responsible for the accident that caused your injuries. Some of the more common parties that can be held responsible in Las Vegas stair accident injuries include:

• Commercial property owners: While hotel stairway injuries are most common, commercial property owners of casinos, shopping malls, and other public spaces can be held responsible for accidents. 
• Residential landlords: You can pursue a case if your injury happened in a residential property, whether you are a tenant or a visitor of a tenant. 
• Property management companies: These companies are often responsible for facilitating safety and security updates, including maintenance of stairwells. 
• Business tenants: Retail stores, restaurants, and other establishments that are renting out a commercial space can also be held liable for your injuries if you’ve suffered a staircase accident.
• Third-party contractors: This includes cleaning companies, maintenance crews, and security personnel. 
• Architects and construction companies: If a building is not up to code or there are building and design flaws, legal action might lie with the architects and construction companies involved.

Critical Steps To Take Immediately After a Fall on the Stairs

Making the right decisions early on can help strengthen your case if you do pursue a personal injury lawsuit. Here’s what to do if you’ve been injured in a staircase accident.

1. Seek Immediate Medical Attention 

Seek medical attention as quickly as you can after your accident. This ensures that your injuries are addressed properly, and creates a paper trail that links the fall with your injuries.

2. Report the Incident 

Formally notify the property owner or property management company of the accident. An official report should be written up. Get a copy of this incident report. 

3. Document the Scene

Documenting the scene is essential in collecting evidence that proves liability. Document the scene through photos and videos of the hazards that caused your injury. 

4. Get Witness Information

Take down their names and contact information of witnesses who see your accident. Their statements can help strengthen your case.

5. Preserve Physical Evidence

Keep the shoes and clothing you were wearing in a sealed bag. This physical evidence can help tell the story of your accident.

6. Avoid Making Statements

Do not admit fault, apologize, or give recorded statements to insurance adjusters without legal counsel. Even if you were partially at fault. 

7. Contact an Experienced Lawyer

The best way to protect your rights is by speaking with an experienced Las Vegas personal injury attorney immediately after your accident. They’ll know how to navigate the process, will speak with insurance providers and other attorneys on your behalf, and will fight diligently to protect your rights and recover the maximum compensation you’re entitled to.

What Is Your Stairway Accident Lawsuit Worth? Pursuing Full Compensation

Personal injury victims are allowed to seek compensatory damages in the form of economic and non-economic losses. In extreme cases where negligence is involved, they may be able to seek punitive damages as well. However, this is rare.

Compensatory damages are designed to compensate you for the calculable and incalculable losses you’ve suffered.

Economic damages typically include tangible and calculable losses, such as:

• Current and future medical expenses
• Lost wages and future earning capacity
• Property damage

Non-economic damages refer to the intangible losses and might include things like:

• Pain and suffering
• Loss of enjoyment of life
• Disfigurement and permanent disability

Nevada’s Comparative Negligence Rule

Under Nevada’s comparative negligence rule (NRS 41.141), you may be able to seek compensation even if you are at fault. However, you must be 50% or less at fault for your accident, and the compensation of being at fault is reduced by the percentage of fault. 

Navigating Your Claim: How Adam S. Kutner Will Fight for You 

A determining factor in helping you recover the maximum compensation you deserve in a stairway accident lawsuit is having legal representation that understands the complexities of your case. At Adam S. Kutner, our law firm will support you with a legal team that will tackle your case head-on. 

We will:

• Stay on top of all deadlines, including the two-year statute of limitations, which provides a defined window, in which you can bring forward a case.
• Conduct investigations to develop a clear image of your accident and the injuries that followed.
• Preserve evidence, including surveillance footage of your injury, photos of your injury, witness statements, and other elements that add strength to your case.
• Hire experts, including accident reconstruction specialists, medical experts, and others who can strengthen your claim.
• Handle all communication with the insurance company.
• Negotiate and fight for a fair settlement, especially when insurance companies provide you with a lowball offer.
• Represent you in front of a judge or jury if your stairway accident lawsuit goes to trial.

Schedule Your Free Consultation With a Las Vegas Stairway Accident Attorney Today 

At Adam S. Kutner, our Las Vegas slip-and-fall attorneys have helped countless stairway accident victims like you recover the compensation they deserve.

When you schedule an appointment with us, you can look forward to a free, no-obligation consultation to learn more about the strength of your case, possible outcomes, and your overall legal rights and options. If we do take on your case, you pay absolutely nothing unless we win your case.

Speak with an experienced personal injury attorney today by scheduling an appointment online, or giving us a call at (702) 382-0000. 

Pursue the justice you deserve. Schedule your free case evaluation today.

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