Special Legal Considerations for Stairway Accidents Involving Children or the Elderly
Stairway accidents can cause severe injuries, but when the victims are children or elderly individuals, the legal considerations become even more complex. Due to their increased vulnerability, these groups are at higher risk of serious harm in falls, leading to potential liability for property owners. In Nevada, premises liability laws require property owners to maintain safe conditions, and when a stairway accident involves a child or an elderly person, factors such as negligence, foreseeability, and special protections under the law may come into play. Mainor Ellis is here to help you understand these special protections in Las Vegas.
Why Are Children and the Elderly More Vulnerable to Stairway Accidents?
Children and elderly individuals face unique risks when navigating stairways. Young children may not fully understand the dangers of staircases and are more prone to running, misjudging steps, or playing near stairwells. Meanwhile, elderly individuals often experience mobility challenges, vision impairments, and balance issues, making them more susceptible to falls.
Some common causes of stairway accidents involving children and the elderly include:
- Lack of handrails or improperly installed handrails
- Poor lighting, making steps difficult to see
- Worn or slippery surfaces
- Uneven or broken steps
- Lack of child safety gates in homes, daycare centers, or public spaces
- Obstacles or debris left on stairs
- Failure to provide reasonable accommodations for elderly visitors
Legal Responsibility of Property Owners
Under Nevada premises liability law, property owners have a duty to keep their premises reasonably safe for visitors. If hazardous stair conditions contribute to an accident, the property owner may be held liable, especially if the victim was a child or an elderly person.
For children, the attractive nuisance doctrine may apply. This legal principle holds property owners responsible for injuries to children if a dangerous condition on the property is likely to attract them and cause harm. While stairways may not typically be considered an attractive nuisance like swimming pools or trampolines, in places such as schools, daycares, or apartment complexes, property owners may be expected to implement additional safety measures like stair gates or warning signs.
For elderly individuals, property owners must take reasonable steps to accommodate mobility limitations and prevent foreseeable hazards. Businesses, nursing homes, and assisted living facilities have a heightened duty to ensure staircases meet safety regulations, including proper handrails, non-slip surfaces, and adequate lighting. Failing to do so can result in liability if an elderly person is injured.
Comparative Negligence in Nevada Stairway Accidents
Nevada follows a comparative negligence rule, meaning an injured party may recover damages even if they were partially at fault for their accident. However, if a victim is found to be more than 50% at fault, they cannot recover compensation. In cases involving children or elderly individuals, insurance companies may try to argue that the victim’s own actions contributed to the accident, such as failing to use a handrail or not being cautious. A strong legal case must establish that the property owner’s negligence was the primary cause of the accident.
What to Do If a Child or Elderly Loved One Is Injured in a Stairway Accident
If a child or elderly family member is hurt in a stairway fall, it is important to act quickly. Seek medical attention immediately and document the scene of the accident, including any hazards that may have contributed to the fall. Witness statements, security footage, and building code violations can all serve as crucial evidence in proving negligence.
At Mainor Ellis, we understand the devastating impact stairway accidents can have, especially when they involve the most vulnerable members of our community. If you or a loved one has been injured due to unsafe stair conditions, our experienced Las Vegas Stairway Accident Attorneys can help you seek the compensation you deserve.
Source:
leg.state.nv.us/nrs/nrs-041.html
