When purchasing a home or piece of property, you often have to go through an extensive home inspection process. During this process, the inspector will point out all items which could become an issue in the future. If you are purchasing a multiple level piece of property, the inspection will often highlight the rails on the staircase. Each report is different, but there are unique regulations in place on the spacing for railing, as well as the ongoing upkeep of railing. Children are the unfortunate victims of many railing incidents caused by rails which are spaced too far apart. However, defective railings lead to some of the worst injuries since they can involve both children and adults alike who do not have knowledge of the hidden defect.
The term “railing” can refer to different items, including both a stair railing and a balcony railing. We rely on stair railings in climbing up most stairs and on balcony railings when enjoying the breeze from the balcony. The failure of a railing to be properly attached can have devastating consequences on the injured party.
Defective railings can include many different types of issues, including:
- Lack of a complete railing
- Improper repairs
- Unsteady railing
- Improperly attached railings
Railings are usually put into place to protect against falls. Therefore, the failure of a railing to perform its task can lead to very serious injuries which occur from a high location. A defective balcony railing can lead to life-threatening injuries, such as:
- Broken bones
- Spinal cord injuries
- Brain injuries
- Internal organ damage
The failure of a railing to be properly attached to a staircase or bannister can have equally devastating results to the victim of a fall. The main issue with defective railing accidents is the fact that the victim is expecting a railing to be able to hold a certain amount of pressure. This faith in the railing can increase the amount of injuries received in a fall. A property owner should be held liable for any resulting injuries from defective railings.
Property Owner Liability
Any hazard or damage on a piece of property is the responsibility of the property owner. A property owner should routinely inspect items, such as a railing, to ensure that any guests on the property can treat the railing in the standard manner without sustaining any injuries. Therefore, the failure to properly inspect property can lead to liability for the property owner. A property owner will likely be held liable for any resulting medical injuries, as well as other emotional damages.
It is important to speak with an experienced personal injury attorney as soon after your injuries as you are able to. The insurance company for the property owner will likely try to speak with you shortly after the accident to attempt to settle for a small amount of damages. However, any agreement you make with the insurance company may impact your ability to collect the full amount of damages you are entitled to as a result of your injuries.
The Knowles Law Firm | Omaha, Nebraska
If you or a loved one have been injured due to a defective railing, do not hesitate to contact the attorneys of the Knowles Law Firm. Our attorneys have years of experience in handling premises liability claims, including defective railing claims. Contact our Omaha, Nebraska office today for your initial free consultation.