In the city of San Luis Obispo, broken railings on staircases may lead to slip and fall injuries. Thousands of people across the country trip, slip or fall on staircases every year. If the fall is caused by a broken railing, the property owner may be found liable for the accident.

To be held legally liable for a slip and fall injury due to a broken railing, the property owner must have:

  • Caused the damage to the railing that lead to its breaking or becoming unstable.
  • Known about the broken or damaged railing and failed to repair it.
  • Neglected to notice the damage despite the fact that a reasonable person would have noticed the damage during routine maintenance, cleaning or use.

Additionally, it’s important to note that the property owner’s insurance company will try to determine whether the victim is at least partly to blame. The rules of comparative negligence dictate that a person must behave in a reasonable and prudent manner. If that person’s behavior contributed to the accident in any way, the property owner may be found only partially liable.

If a lawsuit is filed, the plaintiff’s attorney may attempt to prove that a property owner did not follow building code as it pertains to staircases. For example, the stairway may have lacked a handrail that was sufficient or didn’t meet the height and width requirements set forth by the building code.

When a person is injured in a slip and fall accident due to broken railings, it is suggested that they consult an attorney experienced in personal injury law for assistance.