Stairway fall cases can be challenging. Jurors often see the plaintiffs as partially negligent, and it can be difficult to determine or re-create how the fall occurred.
The following factors will help determine whether liability is strong in your stairway fall case:
1. Defects. Do you see anything irregular or uneven about the stairs like varying width, depth or riser height? Loose handrail? Worn surface? Defects in the nosing?
2. Clutter. Did a loose object on the stairway cause the fall(roller-skate, golf ball, tool, etc.)?
3. Lighting. Was the stairway poorly lit?
4. Repairs. Were there any changes made to the stairway after your fall?
5. Distraction. What were you doing immediately prior to the fall? Were you carrying anything? Talking? Looking elsewhere? Mentally distracted? On your cell phone?
6. Alcohol or drugs. Did you have anything to drink or take drugs before your fall?
7. Physical conditions. Do you have an impairment that may have made your more susceptible to a stairway fall?