Stairways can be dangerous areas that lead to many injuries if they are not properly maintained. One of the most important safety features for stairs is a sturdy and graspable handrail. When handrails are defective or improperly installed, the risk of falls down stairs increases significantly. This is especially true for the elderly and disabled.
If you have suffered a slip and fall down the stairs due to a defective or missing handrail in Missouri, you may have a premises liability case.
The Importance of Handrails on Stairs
Handrails serve several important purposes. They provide:
- Added stability when going up and down stairs. The handrail gives you something secure to grasp to maintain balance. This is especially important for seniors and those with mobility issues.
- A grasping point to catch yourself if you do lose your balance or slip. Handrails can prevent or reduce the severity of falls.
- A guide to indicate the location of steps for those with visual impairments.
When a handrail is defective or improperly installed, these safety benefits are lost. Hazardous conditions are created that pave the way for debilitating or even fatal stairway falls.
Examples of Defective Handrails in Missouri
There are many ways in which a handrail can be considered defective under Missouri premises liability laws. Some examples include:
- Broken or loose handrails that move when grasped
- Handrails that have lifted away from the wall
- Railings that are too short, thus not extending the full length of the staircase
- Handrails that have significant gaps or spaces between rail segments
- Railings that are too narrow to grasp properly
In addition to maintenance defects, handrails that are improperly designed or installed contrary to building codes can also create unreasonable dangers. Some code violations include:
- Insufficient height – rails should be 34-38 inches above the leading edge of steps
- Excessive height – rails higher than 42 inches don’t provide proper support
- Improper termination – handrails should extend past the top and bottom stairs
- Excessive spacing between balusters – should be no more than 4 inches
Missouri Premises Liability Law
In Missouri, property owners have a legal duty to keep their premises reasonably safe for invited guests. This includes providing adequate warnings about any dangerous conditions that exist. When defective handrails or other unfixed hazards lead to stairway falls, the property owner can be held liable through premises liability laws.
To prove a premises liability claim in Missouri, an injured victim must show that:
- The property owner created the hazardous condition, or knew, or should have known, about it.
- The property owner failed to exercise reasonable care in protecting visitors from the hazard.
- The dangerous condition was the direct cause of the individual’s injuries.
- Their presence on the property at the time of the incident was lawful.
Comparative negligence rules apply. So, even if a victim was partially at fault, they can still recover compensation proportional to the owner’s negligence.
Don’t Delay – Contact a Missouri Slip & Fall Attorney Today
Stairway falls often result in devastating injuries like broken bones, spinal cord damage, traumatic brain injuries or even death. If you or a loved one has been injured due to a defective handrail in Missouri, talk to one of our experienced attorneys right away. We have 32 offices in 19 states, including Missouri, Tennessee, and Georgia, and can be contacted at (888) 477-0597 for a free consultation. Our team will fight to recover full and fair compensation so you can focus on your recovery.