Can I File a Lawsuit if I Am Injured on Public Stairs Without Railing?

Fall accidents on public stairwells occur more than you think. According to a recent study published by the National Library of Medicine, it is estimated that 1 million victims suffer injuries each year in the United States because of defective or negligently-maintained staircases. Such accidents take place on stairs in public spaces, multi-housing complexes, commercial buildings, and more.

If you are a recent stairwell accident victim that was injured due to a missing or defective handrailing, continue reading to learn what you need to know about your rights to pursing legal action against the responsible party and what types of damages you might recover.

Stairwell Accident Lawyers Indianapolis IN 317-881-2700
Stairwell Accident Lawyers Indianapolis IN 317-881-2700

Stairwell Building Codes for Indiana

Each state has their own set of building codes and ADA (Americans With Disabilities Act) requirements. Public spaces, businesses, and commercial buildings are mandated by law to adhere to all building and construction standards listed in such codes, and at all times.

Here in Indiana, there is a specific set of regulations for interior and exterior public stairwells that have more than 2 risers. These regulations and building codes are highly complex and comprehensive, so here are some primary points:

► Maximum Height of Each Riser – 8 ¼ Inches
► Minimum Height of Each Riser – 4 Inches
► Minimum Length of Each Step – 9 Inches

*All stair tread must be even and uniform.
*Maximum riser must not exceed the smallest by more than 3/8th inch

Handrails have their own set of building codes and standards. For Indiana, stair railing must adhere to several requirements, such as:

▷ Railing cannot have any gaps and must be continuous.
▷ Handrails are mandated by law for stairwells with more than 3 risers.
▷ Rails must be a minimum of 34 inches and maximum of 38 inches from the tread.
▷ At least 1 ½ inches of space is required between the wall and the handrail.
▷ Railing must be free of sharp edges or corners.

Suing for Injuries Caused By Defective Stairwell Handrails

If you were seriously injured on public stairs because they were not up to code according to Indiana law, you are entitled to pursing compensation for your damages and losses through a slip and fall accident claim or premises liability lawsuit. Consult with a licensed Indianapolis IN personal injury lawyer as soon as possible, before all evidence is lost to support your claim, or time runs out on your case.

You may be able to recover a settlement or verdict for damages like hospital bills, medical expenses, lost wages, pain and suffering, permanent injuries and similar costs and losses. Just be sure to choose the right Indiana personal injury law firm to represent your case. They will be your best chance at recovering the full and fair amount of compensation you deserve as a victim of an Indiana stairwell accident.

Not sure how to get started with a personal injury premises liability claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned Indianapolis civil litigator regarding your stairwell slip and fall accident. We represent clients throughout the state of Indiana.

Related Posts:

Common Slip and Fall Code Violations
Facts About Premise Liability Policy For Small Business Owners
What Causes the Most Slip and Fall Accidents?

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How the Law Holds Property Owners Accountable for Negligence

Premise Liability Law is a set of ordinances that hold property owners liable and responsible for any harm or damages caused to people that are on their premises. This liability differs depending on whether the injured person was invited onto the property, licensed to enter the property, or someone who has trespassed onto the property. Continue reading to learn more about premise liability law, and how it protects you against being wrongfully injured by a negligent store or property owner.

Indianapolis IN Accident Lawyers
Indianapolis IN Accident Lawyers 317-881-2700

What is Considered One’s Premises?

Property premise is defined as inside and outside the property, including sidewalks and access property. Such cases of premise liability have involved slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal bites and attacks, and more.  More detailed reports of past premise liability cases were dead tree branches, poorly maintained public stores, swimming pool accidents, pet bites and animal attacks, driveway car accidents, unlevelled sidewalks, restaurant food poisoning, and bonfire accidents.    

Premise Liability Organizations

Important organizations related to premise liability law in Indianapolis, IN are the American Tort Reform Association (ATRA), the National Association of Insurance Commissioners (NAIC), and the National Center for Injury Prevention and Control (NCIPC).  These associations have dedicated years of combined efforts to reform the law and rights of injured individuals.  The American Tort Reform Association was created in 1986.  The Association’s creed is preserving the American civil justice system’s efficiency, predictability, and fairness. 

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world.  But, in fact, this association has worked endlessly to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance.  Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals. 

Talk to an Experienced Premise Liability Lawyer

If you think you may have been involved in a premise liability accident, it is important to contact an experienced personal injury attorney right away.  Depending on the circumstance of your case, you may have a valid legal claim for compensation.  You can pursue a personal injury claim to recover financial restitution for lost wages, emotional distress, hospital bills, medical expenses, legal fees, prolonged therapy, pain, suffering, and much more. 

Were you injured on someone’s property because they were careless? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned personal injury attorney in Indianapolis, Indiana. We also specialize in slip and fall accident cases.

You Should Also Read:

A Store’s Obligation to Maintain Safe Premises
What is Premise Liability?
How Do I Sue a Store for My Injuries?

Indianapolis Personal Injury Lawyers 317-881-2700
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How Do I Sue a Store for My Injuries?

After being injured or suffering an accident at a retail store, it is important to learn your rights to compensation and legal protection, regardless of the extent of your damages and losses. Continue reading for a basic review on what you need to know about retail store lawsuits and personal injury claims, including and how to get started on your personal injury claim.

Indianapolis Slip and Fall Lawyers 317-881-2700
Indianapolis Slip and Fall Lawyers 317-881-2700

A Store’s Liability

Retail stores, like all public and private properties, have a duty of reasonable care to keep their environments free of hazards and unsafe conditions. In the case where a retail store neglects to uphold their legal standard of care, and as a result a person is injured on their premises, they could be held legally liable for the victim’s damages and losses and their insurance carrier would be responsible for paying any judgment or settlement on behalf of the retail store.

Under tort law, this legal principle is known as premise liability. The type or extent of liability a retail store can be subjected to really depends on broad spectrum of factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. The law classifies customers and guests as invitees, whether paying or not, therefore under law, all customers are entitled to protection under a reasonable care standard from harm while on the store property.

A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more.  Where the lines are drawn is fact sensitive. Cases of premise liability can involve various types of accidents and injuries. The most common accidents are slip, trip, and fall accidents. Other common types of premise liability accidents include structural hazards, orthopedic injuries, burn injuries, violence and assault, food poisoning, animal attacks, pedestrian accidents, swimming pool accidents, and more.

Retail Store Accident Claims

If you were injured on the property of a retail store as a result of their negligence, you are entitled to certain legal rights, including compensation for your hospital bills, medical expenses, time lost at work, pain, suffering, and much more if caused as a result of the store’s failure to use reasonable care. Your first step to getting your accident claim started is to contact a seasoned personal injury lawyer in Indianapolis for an initial consultation.

During your initial consultation, you will discuss several points of your claim with an experienced attorney who can guide you on the best track toward financial recovery. Since first consultations are free, you do not have to worry about paying anything out of pocket to learn more about your legal rights. See our blog, “What to Bring to a Personal Injury Consultation” for details on how to prepare for your first meeting with an accident lawyer.

Top-Rated Accident Attorneys at Your Service

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Common Slip and Fall Code Violations

Here in Indiana, all entities and persons are legally required to construct and maintain their properties at a certain level of safety. This means that any place that welcomes the general public, such as office buildings, grocery stores, movie theaters, hotels, public parks, and malls, must take the proper actions, inactions, and precautions to ensure there are not any dangerous conditions on their premises. This legal principle is known as premise liability, and it is what you will want to learn more about in the case that you or someone you love is injured as a result of a municipal code violation.

Code violations are serious, as you have probably heard stories about accidents that happen when something is not “up to code” or within legal standards. One type of accident that tends to occur more often as a result of code violations are slip, trip, and fall accidents. Continue reading to review some of the most common slip and fall code violations seen in personal injury cases, as well as, what to do if you’ve been injured as a result of inadequate building codes in Indianapolis.

Indianapolis Premise Liability Attorneys 317-881-2700
Indianapolis Premise Liability Attorneys 317-881-2700

Indiana Building Code Violations

⚖ Here in Indiana, you can peruse a comprehensive list of building codes by downloading the Indiana Amendments of IBC 13 document.

Common Slip and Fall Code Violations

There are several types of code violations; thousands in fact. But when it comes to slip, trip, and fall accidents, some of the most common violations behind them include:

✒ Missing or broken hand rails on stairs and slopes;
✒ Crumbled, warped, or rotted stairs;
✒ Unleveled curbs;
✒ Insufficient lighting (stairs, sidewalks, streets, etc.);
✒ No security for slick surfaces (slip-resistant mats, wet floors signs, etc.);
✒ Broken or missing downspouts that cause pooled water or ice patches;
✒ Insufficient or incorrect maintenance of elevators and escalators;
✒ Unmarked construction zones;
✒ Unmanaged ice and snow accumulations;
✒ Torn or ripped carpeting;
✒ Grease or chemical spills;

Premise Liability

A premise liability, slip and fall case will depend on several factors. But one of the most influential will be whether or not the property owner knew or should have known about the hazard that caused the accident, and whether or not the hazard was something that should have been reasonably foreseen to cause injury to a person.

For example, a landlord for an apartment building is informed that the lighting in the stairwell has gone out. The landlord fails to replace the light bulbs within a reasonable amount of time, and as a result, an elderly tenant trips and falls down them on their way to their apartment unit, and suffers serious injuries. In this case, the landlord would likely be held responsible for all damages and losses resulting from the tenant’s accident and subsequent injuries. This includes hospital bills, medical expenses, lost wages, pain and suffering, and more.

How to Get Legal Help For Your Slip and Fall Claim

If you or someone you loved was recently injured in a slip and fall accident, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 before the Indiana statute of limitations runs out for your claim. Our Indianapolis slip and fall lawyers work hard to recover full and fair compensation for all injury victims. Contact us today to schedule a free initial consultation with a licensed and experienced premise liability attorney who can help you recover financially from a slip and fall accident.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

How Does the Restatement of Torts Define a Possessor of Land?

As a personal injury victim that was hurt on someone else’s property, you are likely filled with an endless list of questions about making a claim and your rights to compensation. One of the most frequently asked questions about premise liability cases has to do with liability. Victims and pending defendants alike both want to know who is responsible for the damages and losses that result from such accidents. A good place to start would be to learn about the Restatement of Torts, and how it defines a possessor of land, considering they are the ones typically held accountable in premise liability cases.

Continue reading to learn how The Restatement of Torts defines a possessor of land, and how it can relate to a premise liability case.

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The American Restatement of Torts

The American Restatement of Torts is a treatise that summarizes the general principles of common law in the United States. Created and issued by the American Law Institute in 1965, the treatise currently has 4 separate volumes. The first two volumes were published in 1965; the third volume was published in 1977, and the last was published in 1979. The volumes pertinent to tort law can be found in the Second Restatements of the Law series.

The American Restatement of Torts defines a possessor of land as:

“(a) A person who is in occupation of the land with intent to control it or

(b) A person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it, or

(c) A person who is entitled to immediate occupation of the land, if no other person is in possession under Clauses (a) and (b).  Risk v. Shilling, 569 N.E.2d 646,647 (Ind. 1991).  (Restatement (Second) of Torts § 328 E (1965).”

What You Really Need to Know

Like most personal injury cases, premise liability cases can range in complexity, so understanding your rights and the best way to protect them is something that is vital to your case. But there is no need to feel stressed or overwhelmed; so long as you have a skilled personal injury lawyer representing your case, you will not need to know all of the complexities of tort law, nor any complicated legal terms and principles.

Trusted Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim. We are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Were You Injured at a Store After Falling on Ice or Snow?

Premise liability is a staple principle of tort law. If you were recently shopping at a local store that did not take the proper precautions to protect its patrons from falling on snow and ice, or being involved in an accident as a result of neglected snow and ice removal, you could be entitled to certain compensation for your related damages and losses.

Continue reading to learn more about premise liability in Indiana, including how to get started evaluating your potential personal injury case.

Indianapolis Slip and Fall Lawyers 317-881-2700
Indianapolis Slip and Fall Lawyers 317-881-2700

Basics of Premise Liability

Premise liability refers to an area of the law that holds property owners legally responsible for any harm or damages caused to people who are on their premises. For clarity, a property’s “premise” is defined as inside and outside the property, sometimes including sidewalks and access property. Furthermore, factors of premise liability differ depending on whether the injured person was invited onto the property, licensed to enter the property, or trespassed onto the property.

Situations like structural hazards, violence and assault, food poisoning, animal attacks, swimming pool accidents, and bonfires, are general examples of premise liability cases, however, one of the most prevalent types of premise liability cases involve slip and fall accidents. In the case of snow and ice, if a store owner does not properly manage the removal of the accumulation on their premises, it can result in slippery walkways outside, slippery floors inside, obstructed fire escapes, unleveled surfaces, car and pedestrian accidents, and other hazardous conditions.

If a property owner is aware of unsafe conditions or should have been aware, and allows the unsafe conditions to continue by failing to eliminate all hazards, they are putting visitors and customers at risk of being injured. In such cases, if a person is involved in an accident caused by a property owner’s negligence, and as a result of the accident injuries occur, the property owner could be held legally liable for that person’s related damages and losses, such as hospital bills, medical expenses, lost work wages, pain, suffering, and more.

Premise Liability Organizations

Important organizations related to premise liability law in Indiana are the National Association of Insurance Commissioners (NAIC) and the National Center for Injury Prevention and Control (NCIPC). 

Indiana Slip and Fall Attorneys

Slip, trips, and fall cases are some of the most complex, thus requiring the attention of a seasoned personal injury law firm. If you were recently injured after falling on snow, ice, or any other hazard, it is vital that you contact a licensed Indiana slip and fall attorney as soon as possible to learn your rights to compensation.

Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

At the Law Office of Craven, Hoover, and Blazek P.C., we offer free initial consultations to get you started on the right path toward financial recovery. There is no out-of-pocket obligation to pay unless we recover a settlement for you. Call 317-881-2700 to schedule your introductory appointment with a skilled and knowledgeable accident lawyer you can trust.

What is Premise Liability?

If a person is wrongfully injured on another’s property, they may be entitled to collect compensation for their damages and losses through a premise liability personal injury claim. Continue reading to learn more about premise liability, including some of the important organizations that helps influence regulations for such laws and how to make a claim for yourself or a loved one.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700


A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more. Properties can be residential, commercial, governmental, municipal, and various other public or private owned properties. This includes schools, office buildings, restaurants, retail stores, museums, hotels, movie theaters, bars, malls, parks, playgrounds, residential homes, apartment buildings, swimming pools, and any other property that is open to the public.

Premise Liability Law

Premise Liability refers to is a set of laws that hold property owners accountable for any damages or losses suffered by victims of accidents that occur on their premises. This type of liability can vary depending on many factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. Cases of premise liability can involve various types of accidents and injuries; some of the most common being slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal attacks, pedestrian accidents, orthopedic injuries, burn injuries, swimming pool accidents, and more.

Premise Liability Organizations

Important organizations related to premise liability law in Indianapolis, IN are the National Association of Insurance Commissioners (NAIC) and the National Center for Injury Prevention and Control (NCIPC). These associations have dedicated years of combined efforts to reform the law and rights of injured individuals.

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world. But, in fact, this association has worked to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance. Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals.

Making a Premise Liability Claim

The base objective for premise liability claims is to hold property owners accountable for any injury-causing accidents that take place on their grounds. This can be done by making a personal injury claim against the responsible party. If you or someone you loved has been negligently hurt in a serious accident on public property, you may be entitled to legal compensation. Contact an Indianapolis personal injury attorney right away to get started on your claim.

Indianapolis Personal Injury Attorneys

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury attorney, and learn the best course of action for your claim. We are eager to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

What are My Rights if I Am Injured on Private Property?

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

In last week’s blog, we discussed why the location of an accident is important in a personal injury lawsuit. When a personal injury takes place on another person’s private property, the legal course of action may differ depending on the state. The factors that influence the progress and outcome of a private property personal injury case vary as well, including whether or not the property is used residential or commercial purposes.

A victim may be able to sue for any losses and damages incurred as a result of the accident, such as lost wages, medical expenses, hospital bills, pain and suffering, and more. If you’ve been injured on private property, it is time to learn your rights to compensation. Continue reading to learn what your options are after being injured on someone else’s property.

Accident Circumstances

Private property personal injury accidents fall under the category of premise liability in tort law. Property owners have a legal duty of care to ensure their property is free of unreasonable hazards that could harm others. The standards to which property owners must adhere to in terms of maintaining a safe premises differ depending on if the property is residential or commercial. Business owners are held at a higher standard to ensure their premises are safe for customers, licensees, employees, and more.

Read our blog about A Store’s Obligation to Maintain a Safe Premises to learn more. Homeowners are also required to maintain safe premises, and may even be subject to certain attractive nuisance laws depending on the state. Read our article about A Property Owners’ Responsibility and Liability of their Premises for details about homeowner premise liability.

Premise Liability Claims

The course and outcome of premise liability cases depend on several factors, including the type of accident, the extent of the injuries, the type of property, and various other significant details. To learn about your states premise liability laws and procedures, contact an experienced personal injury attorney who is prepared to take your case to trial if need be. Be sure to fund attorney who works in a good basis so that you are not obligated to pay upfront expenses.

On a contingency fee basis, personal injury clients only pay lawyer fees if the law firm recovers a fair settlement for them. Often times, premise liability lawsuits involve third-party claims as well, making them a bit more complicated than standard personal injury cases. For this reason, it is important to have professional legal counsel your side navigating you toward a full and fair financial recovery.

Indianapolis Premise Liability Lawyers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a premise liability claim in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with a seasoned Indianapolis premise liability lawyer, today.