What to Do if You’re Hurt on a Stairway on Commercial Premises

Property owners are legally responsible for maintaining safe premises, including stairways. When stairway accidents occur due to negligence in maintenance or design, injured parties may have the right to seek compensation for their injuries. Here’s an overview of liability in stairway accidents and the steps an injured person should take.

Stairway trips and falls can result from lack of uniformity in stair riser heights and tread depths, inadequate lighting, improper handrail placement and slippery surfaces. Uneven steps or poorly maintained stair treads can disrupt the natural rhythm of a stair user’s movement, increasing the risk of falls. Also, a short stairway or even a single step can be a cause of accidents if located in a place where the pedestrian would not reasonably expect it.

A property owner can be held liable for injuries even if a dangerous condition was caused by a third party. In Sheehan v. Roche Brothers Supermarkets, Inc., the Supreme Judicial Court of Massachusetts held that a property owner can be held liable if they could reasonably foresee that a hazard caused by a third party could occur due to the owner’s chosen mode of operation. This could include a slippery stairway on commercial premises resulting from improper cleaning procedures​.

Even when hazardous conditions are “open and obvious,” property owners may still be held accountable if their failure to mitigate risks makes the environment unsafe. Property owners, whether residential or commercial, also must adhere to local and state building codes that address stairway safety.

If you are injured on a stairway, take the following steps to protect your rights and strengthen your case:

1. Seek medical attention — Prioritize your health and document your injuries through medical records.
2. Document the scene — Photograph the stairway and the specific hazard that caused your fall, such as uneven steps, inadequate lighting or absent or faulty handrails.
3. Report the incident — Notify the property owner or manager about the accident in writing, ensuring you have a record of the report.
4. Collect witness information — Gather contact details of anyone who saw the accident, as their testimony can support your claim.
5. Preserve evidence — Keep the shoes and clothing worn during the accident to address potential arguments regarding improper footwear.
6. Consult an attorney — A premises liability lawyer can investigate your case, consult building codes and determine whether the property owner’s negligence contributed to your injuries. Experienced attorneys can work with safety experts to assess the stairway’s compliance with safety standards and building codes, strengthening your claim. Compensation may cover medical expenses, lost wages and pain and suffering​

Feinberg & Alban PC is a Massachusetts law firm with years of experience protecting the rights of people injured due to property owners’ negligence. We have offices in downtown Boston, Brookline and Worcester. Please call 877-594-4510 or contact us online to schedule a free initial consultation.