Premises Liability - Are Your Handrails Secure?
Michael Babboni
Premises Liability
This is definitely not an issue that a lot of property owners think about regularly, let alone put into action. There are many different aspects to a home, office, or other places of business that people need to keep in view. Besides the basics of making sure bills are paid, there are often considerations of keeping a building in good repair, and, of course, there are also issues of safety if you want to avoid a lawsuit based on a breach of premises liability. As rare as it is, the condition of your handrails can sometimes play a critical role in this.Your Obligation To Safety
Whether you’re talking about your own home, or the office you own and operate, you have a legal obligation to avoid premises liability. This just means that you have a certain, minimal legal requirement to ensure that your environment is reasonably safe. So if you have a very aggressive watchdog in your home, for example, you must keep that dog restrained. Otherwise, if it attacks a passing child, or even a postal worker coming to deliver your mail, you are legally and financially responsible for that attack and any subsequent medical treatment and recovery.
The same applies to the workplace or other public sites. If you have automated, opening doors, for example, with faulty sensors, and one day someone walks through, and the doors close on them, trapping and even injuring them, that’s premises liability. You should have ensured that your door sensors were working properly, and the fact that you neglected to repair them puts you at fault for the other person’s injury.
Stairs Are Risky
This is where handrails come in. Stairs can already be a risk in any building due to a number of different factors. Stairs that are uneven, or out of alignment, for example, can cause people to take a step incorrectly, and may cause a trip, slip, and fall. Or, if stairs are located in a part of the building with no windows, there’s a reliance on proper lighting in order for people to safely make their way up or down. Should you fail to repair a broken light bulb, if someone falls due to not being able to see their path, that’s also your legal responsibility.
So when it comes to handrails, this is another “stair hazard.” People will use handrails lightly for guidance, or, in the case of the elderly or other physically disabled, may rely heavily on handrails to keep themselves upright and steady while ascending or descending stairs. Anyone that rests their weight on a loose handrail would immediately fall, and if this occurs on a long flight of stairs, the potential for physical damage can be extensive.
This is why when it comes to your property, don’t forget to inspect and maintain your handrails. They may not look like much, or merit a lot of your attention, but if someone uses them and gets hurt because it fails, a St. Pete lawyer may need to get involved for premises liability based on negligence.