📋 Stairway Fall Claims in California

Stairway falls are among the most serious premises liability cases in California. Unlike simple slip-and-fall incidents, stairway falls often involve clear building code violations, making liability easier to establish. The potential for catastrophic injury - including traumatic brain injuries, spinal cord damage, and multiple fractures - means these cases often carry significant settlement values.

Common Stairway Hazards

🚧

Broken or Damaged Steps

Cracked, crumbling, loose, or missing steps that give way or cause missteps leading to falls.

  • ✓ Clear evidence of negligent maintenance
  • ✓ Often documented in prior complaints
  • ✓ Strong liability case
🖐

Missing or Defective Handrails

Absent, loose, broken, or improperly mounted handrails that fail to provide support when needed.

  • ✓ Building code violation likely
  • ✓ Required by Title 24
  • ✓ Negligence per se may apply
💡

Inadequate Lighting

Dark, poorly lit, or burned-out lights in stairwells making it difficult to see steps and hazards.

  • ✓ Common in apartments and parking structures
  • ✓ Documented with photographs
  • ✓ Often recurring issue
📑

Code Violations

Stairs with inconsistent riser heights, improper tread depth, missing nosings, or other building code violations.

  • ✓ Negligence per se doctrine
  • ✓ Expert inspection often helpful
  • ✓ Strong basis for liability

👍 What You Can Recover

  • Medical expenses - Emergency care, surgery, hospitalization, rehabilitation
  • Lost wages - Time missed from work during treatment and recovery
  • Loss of earning capacity - Permanent disability affecting future income
  • Pain and suffering - Physical pain, emotional distress, anxiety
  • Loss of enjoyment of life - Inability to pursue activities and hobbies
  • Future medical care - Ongoing treatment, therapy, and medical needs

⚠ Statute of Limitations

California Code of Civil Procedure 335.1 requires you to file a personal injury lawsuit within 2 years from the date of injury. For claims against government entities (public buildings, parks, transit stations), you must file a government claim within 6 months under the Government Claims Act.

🏗 California Building Code Violations

The California Building Code (Title 24) contains specific requirements for stairway construction and maintenance. Violations of these codes can establish negligence per se - meaning the violation itself proves the property owner breached their duty of care.

📑 Key Title 24 Stair Requirements

  • Riser Height: Maximum 7.75 inches; must be uniform throughout stairway (max 3/8" variance)
  • Tread Depth: Minimum 10 inches; must be uniform throughout stairway (max 3/8" variance)
  • Stair Width: Minimum 44 inches for most commercial buildings; 36 inches minimum for residential
  • Handrails: Required on both sides if stairway is 44+ inches wide; at least one side for narrower stairs
  • Handrail Height: 34-38 inches measured from stair nosing
  • Handrail Graspability: Must be continuous and graspable along entire length
  • Nosings: Must project at least 3/4 inch beyond riser; must be slip-resistant
  • Lighting: Stairways must be illuminated; emergency lighting required in commercial buildings
  • Headroom: Minimum 6 feet 8 inches clearance above stair treads
  • Landings: Required at top and bottom; depth must equal stair width

Common Code Violations That Cause Falls

📈 Inconsistent Riser Heights

Variations greater than 3/8 inch between risers disrupts the natural gait pattern, causing missteps and falls. This is one of the most dangerous code violations.

🖐 Missing or Loose Handrails

Handrails that wobble, pull away from the wall, or are missing entirely deprive users of critical support and balance assistance.

💡 Inadequate Lighting

Dark stairwells prevent users from seeing step edges, debris, or other hazards. Building codes require minimum illumination levels.

🚧 Worn or Damaged Treads

Cracked, chipped, or worn treads create uneven surfaces. Missing or worn nosings eliminate visual contrast and slip resistance.

🌧 Weather Hazards

Exterior stairs without proper drainage, anti-slip treatments, or weather protection accumulate water, ice, and debris.

🚧 Structural Defects

Steps that flex, bounce, or creak may indicate structural damage. Loose stringers or deteriorating supports can cause sudden collapse.

⚖ Negligence Per Se in Stairway Cases

Evidence Code Section 669

California Evidence Code Section 669 codifies the negligence per se doctrine. When a statute or regulation (including building codes) is designed to protect a class of persons that includes the plaintiff, violation of that statute creates a presumption of negligence.

Requirements for Negligence Per Se

1. Defendant violated a statute, ordinance, or regulation

2. The violation proximately caused death or injury

3. The death or injury resulted from an occurrence the statute was designed to prevent

4. The person suffering injury was one of the class the statute was designed to protect

💡 Getting Building Code Records

Request building permits, inspection records, and certificates of occupancy from the local building department. These records may show the property was built or renovated without proper permits, failed inspections, or has outstanding code violations. This evidence is powerful for your claim.

✅ Evidence Checklist

Gathering evidence quickly after your stairway fall is essential. Dangerous conditions may be repaired, video footage deleted, and witnesses may forget details. Document everything as soon as possible.

📷 Photographs and Video

  • ✓ Photos of the specific step/area where you fell
  • ✓ Wide shots showing the entire stairway
  • ✓ Close-ups of any defects (cracks, worn areas, loose parts)
  • ✓ Photos showing handrail condition or absence
  • ✓ Photos showing lighting conditions
  • ✓ Video walking up/down the stairs showing hazards

📏 Measurements and Inspection

  • ✓ Measure riser heights (check for inconsistency)
  • ✓ Measure tread depths
  • ✓ Measure handrail height from nosing
  • ✓ Test handrail stability (wobble, loose mounting)
  • ✓ Document any debris, water, or substances on stairs

📝 Building Records

  • ✓ Building permits from local building department
  • ✓ Inspection records and certificates
  • ✓ Code violation history for the property
  • ✓ Property maintenance records (if available)

👥 Witness Information

  • ✓ Names and contact info of anyone who saw the fall
  • ✓ Statements from others who have complained about the stairs
  • ✓ Building employees or managers who respond
  • ✓ Other tenants or visitors with similar experiences

🏥 Medical Records

  • ✓ Emergency room records and discharge papers
  • ✓ All doctor visit notes and treatment records
  • ✓ Imaging (X-rays, MRIs, CT scans)
  • ✓ Physical therapy and rehabilitation records
  • ✓ All medical bills and receipts

📦 Prior Complaints

  • ✓ Prior incident reports for the stairway
  • ✓ Written complaints to landlord/property manager
  • ✓ Online reviews mentioning stairway conditions
  • ✓ HOA meeting minutes discussing stair issues

🎥 Preserve Surveillance Video - Act Immediately!

Many buildings have security cameras that record stairwells. This footage is typically overwritten within 7-30 days. Send a written preservation demand to the property owner, manager, and any security company immediately. Request footage from before, during, and after your fall. Destruction of this evidence can result in sanctions and adverse inference instructions at trial.

💰 Calculate Your Damages

Stairway falls often result in more severe injuries than typical slip-and-fall accidents due to the height and momentum involved. California allows full compensation for all damages caused by the property owner's negligence.

Types of Damages

Damage Category Description
Past Medical Expenses Emergency room, ambulance, hospitalization, surgery, physical therapy, medications, medical equipment, and all treatment costs incurred to date.
Future Medical Expenses Anticipated surgeries, ongoing therapy, medication costs, assistive devices, and long-term care needs. Often requires expert testimony.
Lost Wages Income lost from missed work during treatment and recovery. Document with pay stubs and employer verification.
Loss of Earning Capacity Reduced ability to work or earn income due to permanent injuries. May require vocational rehabilitation expert.
Pain and Suffering Physical pain experienced from injuries and throughout recovery. Stairway falls often involve significant ongoing pain.
Emotional Distress Anxiety, depression, PTSD, fear of stairs, and psychological impact of traumatic injury and disability.
Loss of Enjoyment of Life Inability to participate in hobbies, sports, social activities, and life pleasures due to physical limitations.
Loss of Consortium Impact on spousal relationship, including loss of companionship, affection, and intimate relations. Claimed by spouse.

Common Stairway Fall Injuries

🧠 Traumatic Brain Injury

Head strikes on steps during fall. Ranges from concussion to severe TBI with permanent cognitive impairment.

🦾 Spinal Cord Injuries

Herniated discs, vertebral fractures, spinal cord compression. May result in paralysis or chronic pain.

🦼 Multiple Fractures

Wrist, arm, hip, ankle, and leg fractures common when trying to break falls or tumbling down multiple steps.

🦷 Soft Tissue Damage

Torn ligaments, rotator cuff injuries, ACL/MCL tears, muscle strains requiring surgery and extensive rehabilitation.

📊 Sample Damages Calculation

Example: Spinal Injury from Fall on Defective Apartment Stairs

Emergency room and ambulance $12,500
Spinal surgery (discectomy/fusion) $95,000
Hospital stay (7 days) $42,000
Physical therapy (9 months) $18,000
Future medical care $35,000
Lost wages (6 months off work) $45,000
Economic Damages Subtotal $247,500
Pain and suffering (2-3x multiplier) $495,000 - $742,500
ESTIMATED TOTAL VALUE $742,500 - $990,000

⚠ Comparative Negligence in Stairway Falls

California follows "pure comparative negligence" (Civil Code 1714). Your recovery will be reduced by your percentage of fault. Defense attorneys often argue plaintiffs should have used handrails, worn proper footwear, or paid more attention. However, if building code violations caused the fall, comparative fault arguments are weakened. You can still recover even if partially at fault.

📝 Sample Demand Letter Language

Copy and customize these paragraphs for your stairway fall demand letter. Include specific building code violations to strengthen your claim.

Opening Paragraph
Please accept this letter as formal notice of my claim for damages arising from a stairway fall that occurred at your property located at [PROPERTY ADDRESS] on [DATE OF INCIDENT]. As detailed below, dangerous conditions on the stairway - including violations of the California Building Code, Title 24 - caused me to fall and sustain serious personal injuries requiring extensive medical treatment.
Liability - Premises Liability
Under California Civil Code Section 1714 and the principles established in Rowland v. Christian (1968) 69 Cal.2d 108, you owed me a duty to maintain your property, including all stairways, in a reasonably safe condition. California law requires property owners to inspect their premises for dangerous conditions, repair hazards, or provide adequate warnings. You breached this duty by allowing the stairway at [SPECIFIC LOCATION] to remain in a dangerous and defective condition despite having actual or constructive knowledge of the hazard.
Building Code Violations - Negligence Per Se
The stairway where I fell violated multiple provisions of the California Building Code, Title 24, establishing negligence per se under California Evidence Code Section 669. Specifically, the stairway exhibited the following code violations:

[SELECT APPLICABLE VIOLATIONS:]
- Inconsistent riser heights exceeding the 3/8 inch maximum variance permitted under CBC Section 1011.5.2
- Missing or inadequate handrails in violation of CBC Section 1011.11
- Handrail height outside the required 34-38 inch range
- Inadequate illumination in violation of CBC Section 1008
- Worn or missing stair nosings in violation of CBC Section 1011.5.5
- Tread depth less than the required 10-inch minimum

These building code provisions were enacted specifically to protect persons like me from exactly the type of injury I suffered. Under the negligence per se doctrine, your violation of these safety codes constitutes presumptive negligence, and you are liable for all resulting damages.
Description of Fall - Broken/Defective Step
On [DATE] at approximately [TIME], I was descending the stairway at [LOCATION - e.g., "the main entrance of your apartment building"]. As I stepped onto the [STEP NUMBER - e.g., "third step from the top"], the [DESCRIBE DEFECT - e.g., "cracked and loose tread gave way beneath my foot"]. This caused me to lose my balance and fall [DESCRIBE FALL - e.g., "forward down the remaining eight steps, striking my head, back, and limbs on multiple steps before landing at the bottom"]. The dangerous condition of this step was visibly apparent and should have been discovered and repaired through reasonable inspection and maintenance.
Description of Fall - Missing/Defective Handrail
On [DATE] at approximately [TIME], I was using the stairway at [LOCATION]. As I began to [ascend/descend], I reached for the handrail to steady myself, but [DESCRIBE DEFECT - e.g., "there was no handrail present" / "the handrail pulled away from the wall" / "the handrail was broken and ended abruptly"]. Without adequate support, I lost my balance and fell [DESCRIBE FALL]. The California Building Code requires graspable, continuous handrails on all stairways. Your failure to provide compliant handrails directly caused my fall.
Description of Fall - Inadequate Lighting
On [DATE] at approximately [TIME], I was using the stairway at [LOCATION]. The stairwell was [DESCRIBE LIGHTING - e.g., "completely dark due to burned-out light bulbs" / "dimly lit with inadequate lighting fixtures"]. Unable to see the steps clearly, I [DESCRIBE WHAT HAPPENED - e.g., "misjudged the location of the next step" / "failed to see debris on the step" / "could not see that the step was broken"] and fell [DESCRIBE FALL]. Property owners have a duty to provide adequate illumination in stairways. Your failure to maintain proper lighting created a foreseeable hazard that directly caused my injuries.
Injuries and Treatment
As a direct result of this fall, I sustained the following injuries: [LIST INJURIES - e.g., "a traumatic brain injury (concussion), two herniated discs in my lumbar spine, a fractured left wrist, and multiple contusions"]. I was transported by ambulance to [HOSPITAL NAME] where I received emergency treatment including [DESCRIBE EMERGENCY CARE]. Since then, I have undergone [DESCRIBE TREATMENT - e.g., "spinal surgery, eight weeks of inpatient rehabilitation, and ongoing physical therapy"]. My treating physicians have determined that [PROGNOSIS - e.g., "I have permanent spinal damage that will require lifelong pain management and may necessitate additional surgeries"].
Damages Summary
As a result of your negligence and building code violations, I have incurred and will continue to incur the following damages:

Past Medical Expenses: $[AMOUNT]
Future Medical Expenses: $[AMOUNT]
Lost Wages: $[AMOUNT]
Loss of Earning Capacity: $[AMOUNT]
Pain and Suffering: $[AMOUNT]
Emotional Distress: $[AMOUNT]

TOTAL DEMAND: $[TOTAL AMOUNT]
Demand and Deadline
Based on the foregoing, I hereby demand payment in the amount of $[TOTAL DEMAND] to fully and finally resolve this matter. This demand remains open for [30/45] days from the date of this letter, until [DEADLINE DATE].

Should you fail to respond with a reasonable settlement offer by this deadline, I am prepared to file a civil lawsuit in California Superior Court seeking all damages to which I am entitled, including those outlined above, plus costs of suit and prejudgment interest. I have preserved extensive evidence of the building code violations, including photographs, measurements, building department records, and witness statements.

Please have your insurance carrier or legal counsel contact me at the information below to discuss resolution of this claim.
Evidence Preservation Demand
PRESERVATION OF EVIDENCE DEMAND

I hereby demand that you immediately preserve and maintain the following evidence related to this incident:

1. All surveillance video recordings from [PROPERTY ADDRESS] for [DATE], from [TIME RANGE], including all cameras with views of the stairway and surrounding areas;
2. The stairway itself - do not repair, modify, or alter the stairs until independent inspection can be completed;
3. All maintenance records, work orders, and inspection logs for the stairway;
4. All prior incident reports, complaints, or claims involving the stairway;
5. All communications regarding the condition of the stairway;
6. Building permits and inspection records.

Destruction, alteration, or loss of this evidence may result in adverse inference instructions, sanctions, and spoliation claims. You are hereby on notice of litigation and have a legal duty to preserve all relevant evidence.

🚀 Next Steps

What to do after sending your demand letter for a stairway fall claim.

Expected Timeline

Days 1-14

Property owner forwards claim to liability insurance; adjuster assigned to investigate

Days 14-30

Insurance investigates, inspects stairway, reviews medical records and building code issues

Days 30-45

Initial response: acceptance, counteroffer, denial, or request for more documentation

Days 45-90

Negotiation period; building code violations often accelerate settlement discussions

If They Don't Offer Fair Settlement

  1. Hire a Building Code Expert

    A licensed contractor or building inspector can document code violations with professional authority. Their report strengthens your negligence per se argument significantly.

  2. Consult a Personal Injury Attorney

    Stairway fall cases with building code violations often justify attorney involvement. Most work on contingency (33-40%). An attorney can hire experts, take depositions, and maximize your recovery.

  3. Request Building Department Inspection

    File a complaint with the local building department. An official code violation citation from the city or county is powerful evidence for your claim.

  4. File a Lawsuit

    For serious injuries, litigation may be necessary. Filing suit enables formal discovery to obtain maintenance records, prior complaints, and internal communications. Remember the 2-year statute of limitations.

  5. Small Claims Court

    For claims up to $12,500, California Small Claims Court is an option. Best for minor injuries with clear building code violations. No attorneys needed.

⚠ Do Not Delay Medical Treatment

Stairway falls often cause injuries that worsen over time, particularly head and spinal injuries. Seek immediate medical attention even if you feel "okay" after the fall. Gaps in treatment hurt both your health AND your legal claim. Insurance companies argue delayed treatment means injuries weren't serious.

⚠ Government Property Claims - Special Rules

If your fall occurred on government property (public building, transit station, park, school, etc.), you must file a Government Claim within 6 months under the California Government Claims Act (Gov. Code 810 et seq.). Failure to file timely bars your lawsuit. The 2-year statute of limitations does not apply until after the claim is denied.

Need Legal Help?

Stairway fall cases with building code violations are strong candidates for recovery. Get a 30-minute strategy call with an attorney to evaluate your case and discuss your options.

Book Consultation - $125

California Resources

  • California Building Standards Commission: dgs.ca.gov/BSC - Official source for California Building Code
  • California Courts Self-Help: selfhelp.courts.ca.gov - Free forms and guides for filing lawsuits
  • State Bar Lawyer Referral: calbar.ca.gov - Find a certified personal injury specialist
  • California Civil Code: leginfo.legislature.ca.gov - Full text of Section 1714
  • Local Building Department: Contact your city or county for building permits and inspection records