Omaha Stairway Accident Injury Lawyers
Omaha Attorney Fights for Victims of Dangerous Stairway Accidents
Slip-and-fall accidents are always dangerous, but the danger is increased even more when you fall down a stairway. Compared to landing on a level surface, falling down stairs poses more challenges since they involve tumbling down a bumpy series of steps with hard edges. Normal falling reflexes cannot minimize suffering an injury in a stairway fall. That’s why this type of accident can often result in serious, even fatal, injuries.
If you were injured in a stairway fall, contact Bottlinger Law L.L.C. Attorney and firm founder Jason Bottlinger has been helping accident victims in Omaha for over 15 years. Jason was selected as one of the Best Personal Injury Attorneys by Expertise.com. He also belongs to the prestigious Multi-Million Dollar Advocates Forum.
Call (402) 505-8234 to schedule a FREE consultation with an Omaha premises liability attorney today.
What Causes Stair Fall Incidents?
Many factors can contribute to Omaha stairway accidents, including stairway defects and dangerous conditions. Common causes of stair fall incidents include:
- Building Code Violations: Builders and property owners in Nebraska must comply with the building code, which includes specific requirements for stairs. If you fell down a stairway with building code violations that caused your injuries, the property owner may be liable.
- Slippery Surfaces: Carpet or wood in a stairway can become worn and slippery with wear. Stairs made of highly polished wood or tile may be inherently slippery. Rain, snow, or ice accumulated on outdoor stairs can make them slippery and dangerous.
- Faulty Handrails: The building code requires handrails for certain types of stairs. They must be of a certain height and width and must be installed correctly. When handrails are the wrong height, when they are missing, or when they are loose and pulled away from the wall, it can lead to serious stairway accidents.
- Improper or Uneven Step Height or Depth: For safety, building codes specify minimum and maximum height and depth for stair steps and a maximum variance from one step to another. Too much difference from one step to the next can cause a fall.
- Missing or Damaged Steps: Staircases can deteriorate with time and wear and tear; wood can rot, and metal can rust through. Stairways with missing or damaged steps create a serious risk of falls.
- Objects Left in Stairways: It is dangerous to store items or leave objects on stairs – it clutters up the stairway and creates a tripping hazard. Outdoor stairs should be routinely cleared of fallen leaves and other debris.
Common Injuries That Result From Stairway Accidents
Sprains and strains are common injuries sustained in stairway accidents. These injuries occur when ligaments or muscles are overstretched or torn, often due to sudden movements or falls. A sprain involves the ligaments, which connect bones, while a strain affects muscles or tendons, which connect muscles to bones. Symptoms may include pain, swelling, bruising, and limited mobility, making daily activities challenging.
Broken bones are serious injuries that often result from stairway accidents. These injuries can affect various parts of the body, including the wrists, arms, hips, and legs. The impact of a fall may cause bones to crack, shatter, or break entirely, leading to intense pain, swelling, and immobility. Treatment for fractures often involves immobilization with casts or splints. In more severe cases, surgical intervention may be necessary to realign and stabilize the bones using metal rods, screws, or plates. Recovery can be lengthy, often requiring physical therapy to restore full function.
Traumatic brain injuries (TBIs) can result from a violent blow or jolt to the head that’s caused by falling backward down a stairway. TBIs cause cognitive impairments, memory loss, and emotional instability. Spinal cord injuries from direct trauma to the spine can lead to partial or complete paralysis, loss of sensation, and other permanent disabilities. These injuries often necessitate extensive medical treatment, including surgery, long-term rehabilitation, and ongoing care.
Compensation in Omaha for Stairway Accident Injuries
If property owner negligence caused your stairway accident, you may be entitled to seek compensation for your losses. Common types of compensation in Omaha premises liability claims include:
- Past and future medical expenses
- Lost wages or earnings
- Reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Scarring or disfigurement
- Diminished quality of life
Steps to Take After Suffering Stairway Accident Injuries
After a stairway accident, seek emergency medical help right away. Delaying medical attention can exacerbate your injuries and jeopardize your recovery. When you receive medical treatment, it creates a documented record of your injuries that will serve as essential evidence if you file a claim.
Documenting the scene of the accident is crucial for building your legal case. You’ll want to capture images of the stairway, including any hazards like broken steps, poor lighting, or loose or broken handrails. If your injuries prevent you from moving, ask a friend or bystander to take photos on your behalf. Gather contact information from witnesses who saw the accident and note down the time, date, and location.
Promptly informing the property owner about your stairway accident is an essential step. This will alert the owner to the hazardous condition that caused your fall, potentially preventing future accidents. When informing the property owner, do so in writing if possible. Keep a copy of this communication for your records. If the property owner has an incident report form, fill it out accurately and request a copy.
Seeing your doctor immediately after a stairway accident is essential for your health. Even if you feel ok, some injuries may not immediately show symptoms. A medical professional can identify conditions like concussions, internal injuries, or fractures that are not immediately apparent. Seeing a doctor creates a medical record that will document your injuries. Keep records for all medical bills, prescriptions, copays, parking, transportation, and other expenses. Regular follow-up appointments with your doctor will help track your recovery progress, further substantiating the extent and impact of your injuries.
How Your Omaha Stairway Accident Injury Lawyer Can Help
A Omaha personal injury attorney with experience handling stairway accident claims will advise you on the best way to proceed with your case. Your lawyer will gather evidence, interview witnesses, and negotiate with insurance companies on your behalf. They will also ensure that your medical records and other vital documentation are properly organized and presented to support your claim.
Proving liability in a stairway accident case involves demonstrating that the property owner or responsible party failed to maintain a safe environment. To establish liability, you must show that the hazardous condition on the stairway directly caused your injuries. Your lawyer can secure any available surveillance footage that captured the incident and obtain property maintenance records that may reveal a history of neglect or previous complaints about the stairway.
Bottlinger Law L.L.C. will negotiate aggressively with insurance companies and opposing parties to achieve a fair settlement. If a satisfactory settlement cannot be reached, Jason Bottlinger is always prepared to take your case to trial.
Determining Liability in Omaha Stair Fall Injuries
Establishing liability is a critical step in pursuing a claim after a stairway accident. This could involve proving that the stairway was poorly maintained, lacked proper lighting, or had other hazardous conditions. Evidence such as photographs of the accident scene, witness statements, and maintenance records can be invaluable in building your case.
If a defective stairway caused your fall, the property owner may be liable for your injuries. To prevail in a premises liability claim for stair fall injuries, you must show that either:
- The property owner caused the dangerous condition on the stairway;
- The owner (or an employee) knew of the dangerous condition and did nothing to correct it; or
- The property owner (or an employee) should have reasonably known and taken care of the dangerous condition.
The rules of modified comparative negligence are applied to injury claims in Nebraska. Compensation for your losses can be reduced by a percentage of fault assigned to you for your accident and injuries. For example, if your damages totaled $100,000 and you were assigned 10% of the fault, your compensation would be reduced to $90,000.
Speak With an Experienced Omaha Premises Liability Attorney Today
Your best action after a serious stairway accident is to consult an experienced personal injury lawyer. Bottlinger Law L.L.C. was founded in 2013, and Jason Bottlinger has been practicing since 2006.
To schedule a free consultation with one of our stairway injury lawyers in Omaha, call (402) 505-8234. We can tell you if you have a case against the property owner and what damages you may be entitled to claim.
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Membership in this group is restricted only to attorneys who have won multi-millions dollar verdicts for their clients.
Jason Bottlinger has been named one of the Top 40 Lawyers under the age of 40 in the state by The National Trial Lawyers organization.
Our firm has a perfect A+ from the Better Business Bureau of Nebraska, which grades based on 13 different factors.
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