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Trip and Fall due to absence of right side railing

Asked over 2 years ago - California

I tripped and fell down the stairs outside of my apt building one rainy morning, I was carrying my purse on my shoulder and an umbrella. On this set of stairs, there is a left side railing descending (open to weather), there was no right side railing for me to grab when I started to fall. I fractured my ankle in three places due to this and had to have two surgeries. Is my landlord at fault?

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Attorney answers (3)

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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Whether your landlord ahd a duty to add a right side railing when there was a left one available, and whether that made this premises dangerous, are factual questions and a lot depends on the layout of your building. You'll need to consult a personal injury lawyer and provide them with full disclosure, including photos, of the premises at issue.

You do have medical expenses and pain and suffering as damages, do you also have salary loss? Your damages are also important factors in pursuing this case.

Please note that in CA, you have 2 years from the date of injury to sue.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Keith Samuel Hasson

Reputation Level 13

Answered over 2 years ago. Business Attorney in Atlanta, GA.

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You should contact an attorney in your area specializing in premises liability cases. If you don't know such a lawyer, you can contact your local bar association for a referral. While written primarily for people who have sustained traumatic brain and/or spinal cord injuries, you might find much of the advice in the following link useful.

How to choose a brain injury lawyer

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Michael Douglas Goforth

Reputation Level 13

Answered over 2 years ago. Personal Injury Lawyer in Concord, CA.

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It sounds as though the premises owner could be found liable. You must prove that the absence of the second railing constituted a dangerous condition. A code violation is helpful, but even if there were no code violation, an inherently dangerous stairway--open to the elements--may provide a good basis for liability.
You should talk with an injury attorney about the provability of your case. A safety engineer will likely be necessary to inspect and give an opinion on your behalf that the stairway was dangerous.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change

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