In a slip and fall case, you will need to prove the property owner’s liability for your fall in order to receive compensation for your injuries. This can be challenging, especially if the business owner claims your own carelessness caused you to fall. However, your local building code could be an important tool to help defeat this argument and to win your case.
Building Code Violations Are More Common Than You May Think
States and local municipalities enact building codes to govern the construction and maintenance of buildings to ensure they are safe. Businesses and property owners have a duty to comply with these important safety rules.
Most local municipalities will have a building code department that will inspect newly constructed buildings, rental properties, and businesses to be certain that they meet local and state building code requirements. If not, the inspector would issue a warning or citation to repair the problems.
You may believe that building code violations are rare, but unfortunately this is not the case. While not all violations will affect your case, many building code regulations are designed to prevent slip and fall and other accidents. These rules apply not only to businesses, but also to houses, rental homes, and apartments. Common violations that could have contributed to your fall include:
- Broken or missing handrails on stairs
- Crumbling, rotted or loose steps
- Uneven steps or inconsistent depth between steps
- Uneven curbs that fail to have adequate warnings
- Insufficient lighting near stairs and curbs
- Lack of non-slip mats on slick surfaces
- Downspouts that allow water to pool and create slick or icy surfaces
- Improper maintenance of escalators and elevators
- Handicap access problems
- Crumbling or leaking ceilings
- Fire code violations
If you are able to establish violation of a building code that was designed to protect against accidents, this could go a long way in proving the property owner’s negligence and defeating the insurance company’s argument that you somehow caused your fall.
Have You Been Injured In A Henderson Slip and Fall Accident?
If you’ve been injured in a slip and fall you need to speak with an experienced slip and fall lawyer as soon as possible. Please contact us online or call our Henderson office directly at 702.405.6000 to schedule a free consultation with our slip and fall attorneys.