It’s hard to imagine our lives without steps and staircases, which most of us use on a daily basis. They’re in our homes, workplaces, shopping malls, and just about anywhere else you can think of. Because they’re so universal, we take it for granted that the steps beneath our feet and firm and solid. Unfortunately, worn or defective steps are the source of many serious accidents, including slip and falls and trip and falls. The steps on a set of stairs can break down for many reasons, including rotten wood, insufficient supports, rusted metal, and improper construction.
In many cases, there are clear signs that there are problems with the stairs, yet nothing is done about it. Most likely, you have come across situations like rickety stairs or steps with deep cracks and thought to yourself, “That can hurt someone.” But you never think of yourself as that victim until you are injured by a broken step or stair. We know you’re in pain and traumatized from the ordeal of your accident, but you may be able to take legal action in the form of a personal injury lawsuit. If you’re looking into this already, you undoubtedly have many questions on your mind, including “How much can I get from a broken step injury lawsuit?”
Please keep reading for more information on this topic, along with answers to other questions, including:
- Who can I sue if I was injured by a broken step of staircase?
- What kind of damages can I recover from one of these cases?
- Can I sue if I lost a family member or loved to a broken stair accident?
One thing to keep in mind is that we are only able to provide general information that applies to broken step injury cases as a whole. For specific questions regarding your own accident, contact Normandie Law Firm and schedule a consultation with one of our attorneys.
Causes of Broken Steps or Staircases
Whether they’re made of wood, concrete, glass, or metal, staircases and individual steps can fall apart over time due to general wear and tear. However, newer stairs can fall apart if they’re improperly constructed or made from defective parts. Injuries can also be caused by the material covering the stairs, such as carpeting and stair treads. While these materials can help prevent accidents, they can actually be the cause if they’re frayed, torn, or peeling off the stairs. As carpeting or treads are a vital part of the step, this can also count as a broken step injury.
Broken railings are another common cause of stair-related injury. Even if the steps on a staircase are structurally sound, injuries can still occur from defective or improperly installed hand rails. Like stair treads, these are another critical component to a staircase, thus broken or defective railings can also be responsible for a broken step injury.
Broken Staircase Injuries
Falling, slipping, or tripping on a broken step can lead to serious harm, especially if the victim hits multiple steps on the way down, or falls from a significant height. Here are some of the most common injuries associated with broken stair accidents:
- Concussion
- Traumatic brain injury
- Skull fracture
- Broken bones
- Spine injury
- Neck injury (whiplash)
- Deep lacerations
- Scarring / disfigurement
- Eye injury
- Knee injury
- Soft tissue damage
- Hip fracture
- Death
These injuries take time and medical intervention to recover from, and those costs will pile up quickly. To ensure the best possible recovery while avoiding financial hardship, it’s essential to get started on an injury claim as soon as possible. The individual or entity you can sue will depend on who is responsible for the maintenance of the stairs where you had your accident. For example, if you fell in an apartment building, the building owner or management company would be the liable entities. Or, if you fell on the steps of a store or restaurant, the business owner would be responsible for your injuries. It’s important to figure this out right away so that you can take the proper actions to recover your damages. To protect your rights as an accident victim, please call us right away if you were injured from a broken step or staircase.
Average Value of a Broken Step / Stairs Lawsuit
The value of an injury case resulting from broken or defective stairs can range anywhere from $10,000 to $1 million or more. Cases involving minor injuries are typically settled in the $10,000 to $50,000 range. But cases with severe, long-term injuries or ones involving gross negligence can result in 6 to 7 figure settlements.
In the upcoming sections, we will go more into detail about the factors that determine your case value, as well as real-life cases that will give you an idea of possible compensation amounts. Keep in mind, however, that you will need to consult an attorney to get an idea of your own case value. The lawyers of Normandie will assist you in this area and answer any questions you have during a free case evaluation.
Our Recent Verdicts and Settlements
$500,000
$599,000
$1.5 Million
$600,000
$525,000
$250,000
Factors that Determine a Case Value
From our many years of handling personal injury claims, we can tell you that no two cases are alike. Each client comes to us with their own set of injuries and personal circumstances, which directly affect the types of compensation they can request. Before we can calculate the value of your losses, here are some factors we must consider:
- The extent of your injuries
This is the most important factor when it comes to case value, but it’s not as easy to figure out as most people think. The extent of your injuries isn’t just about looking at your damages right after the accident. In many cases, we have to wait for the victim to reach MMI, or maximum medical improvement, meaning they have reached the maximum level of recovery even with continued treatments. This will give us an idea of your future losses, like lifetime medical costs and loss of earning potential.
- Economic damages
Economic damages refer to compensation amounts that can be calculated by objective means, like medical bills, time off from work, and value of lost property. Your current financial losses are easy to determine, as it’s basically a matter of adding up the numbers. But you may have future losses as well, depending on the severity of your injuries. Future losses include, but are not limited to, lost earning potential, lifetime medical costs, and the value of domestic services you are no longer able to provide for your family.
- Non-economic damages
Some damages do not have a clear dollar value, as they refer to the victim’s emotional trauma. Examples of non-economic damages include pain and suffering, emotional distress, and loss of consortium. Your lawyer will have their own methods for calculating these damages, which is essential to recovering a fair and adequate settlement.
- Punitive damages
We mentioned gross negligence before, which refers to conduct that is especially outrageous or reckless. If your accident was caused by an act of gross negligence by the defendant, you may be awarded punitive damages on top of your settlement award. These are a special form of damages that can substantially increase the value of a case, sometimes by $1 million or more. However, they are generally seen as excessive by the courts, making them very difficult to win without assistance from an experienced attorney.
- Liability
Liability refers to an individual’s responsibility in a given situation, such as an accident that resulted in bodily harm. Generally, a staircase or parts of the staircase (hand rails, carpeting, etc.), are the responsibility of the property owner. But there are cases when the victim’s actions or lack of action contributed to their injuries, or the severity of their injuries. If so, the courts will evaluate your share of the liability in your accident, which can reduce the compensation you’re entitled to.
Previous Settlements for Defective Steps / Stairs Injuries
To give you an idea of what these cases are worth, here are some settlements that were recovered by previous victims of broken or defective stairs. However, these should only be used as examples and not as an accurate reflection of your own settlement award. For an approximate value of your case, please schedule a free consultation with one of our attorneys.
- The plaintiff slipped and fell on the steps leading up to her condo unit. The steps were covered in worn and frayed astroturf that became slippery after a rainfall. As a result, the woman fell off one of the steps and broke her right elbow. Her lawyer discovered that there was a similar accident years ago, but the condo association had refused to replace the astroturf. An agreement was eventually reached between the plaintiff and the association for $300,000.
- A construction worker was walking down the steps to the basement of a building. A step broke underneath him, causing his foot to fall through while he was carrying a heavy piece of metal equipment. He sustained injuries to his ankle, shoulders, and lower back and agreed to a settlement of $3.2 million before the trial date.
- A police officer sued for his injuries resulting from a defective handrail that caused him to fall down a flight of steps. The officer grabbed the handrail to stabilize himself when he felt pain in his knee from a pre-existing condition. The railing detached from the wall, causing injuries to the officer’s right knee and both shoulders. The case was settled through a pre-trial conference for $250,000.
- The resident of an apartment building fell down a flight of stairs when the steps collapsed due to rust corrosion. As a result of his fall, the man broke several bones in his shoulders and upper leg, as well as one of his kneecaps. He was able to reach a settlement with the property owner for $375,000.
Wrongful Death Compensation for Loved Ones and Family Members
Fall-related accidents cause around 17,000 deaths every year according to the CDC, especially for adults over the age of 60. However, injuries like brain damage and spinal cord damage can result in fatality for victims of any age.
Have you lost a family member or loved one as the result of a broken step or staircase? If so, you may have cause for a wrongful death lawsuit, which can help you recover:
- Funeral / burial costs
- Medical bills left behind by your loved one
- Loss of consortium
- Pain and suffering
- Loss of expected income / benefits
The value of a wrongful death claim will certainly differ form a personal injury lawsuit, as compensation is based on the loved ones’ losses as opposed to the victim’s. However, we’ve recovered 6 to 7 figure settlements for many of these cases, which comprise of current and future losses for the victim’s spouse or family members. For more information on the process for a wrongful death lawsuit, contact our office and speak with one of our attorneys.
Call Normandie Law Firm
As personal injury lawyers, we know that money cannot make up for the trauma of an accident, nor can it make up for the death of a loved one. However, victims are burdened with many losses when they’re injured from a broken step or staircase. Paying for and recovering from these losses should not be the victim’s burden when someone else is responsible for their accident. For us and the injury victims we represent, compensation isn’t just about the money. It’s about a sense of justice and making things right. It’s about ensuring that victims can live the best of quality of life in spite of their injuries.
Those values are the reason we fight so hard on behalf of our clients. We will not rest until you receive maximum compensation from the parties that are liable for your suffering. However, you won’t have to worry about any legal fees no matter how far we take your case. We operate under a Zero fee guarantee, where you are never charged upfront for our services. Our fees are calculated into your settlement award and will be paid for by the defendant once we settle your case. Best of all, the only way we get paid is if we win your case, so there is no risk to your finances no matter the outcome.
To learn more about your rights and legal options, please contact the personal injury attorneys of Normandie Law Firm.
