Premises Liability

California Safety Regulations for Public Stairs

Falling on a stairwell can result in serious injuries or even death to the person. California has a number of safety code regulations concerning staircases. Common safety regulations include:

• Stairs serving an occupant load of more than 50 must have a width of at least 44 inches:
• Private stairways serving an occupant load of fewer than 10 must have a width of at least 30 inches
• Each step in a stairway must be between 4 and 7 ½ inches tall
• Each step must have a depth of at least 10 inches
• Private stairs serving less than 10 individuals and stairs leading to unoccupied rooftops may have stairs with a maximum height of 8 inches and a minimum depth of 9 inches.
• All stairs must be slip-resistant
• All stairs must be clear of all obstacles and be in good repair
• Circular stairways must have a minimum stair depth of 10 inches
• Every building with 4 or more stories must have an exit to the roof from one set of stairs
• Stairways must have at least 6 feet 6 inches of headroom from the step to the ceiling:

What Must the Plaintiff Prove in a Stairway Accident?

To prove the property owner’s fault the plaintiff must be able to establish the following:

• The owner of the premises or an employee of the owner caused the spill, worn or torn spot, or another dangerous stairway condition
• The owner of the premises or an employee of the owner knew or should reasonably have been aware of the dangerous condition but did nothing about it
• The owner of the premises or an employee neglected to remedy the stairway dangerous condition
• The injury incurred by the plaintiff was a direct result of the dangerous condition.
• The plaintiff suffered injury as a result of the dangerous condition of the stairways.

The court also takes into consideration whether the plaintiff had a reasonable purpose for being on the stairs, was acting recklessly and his carelessness contributed to the accident.

Premises Liability: Who is Responsible?

California law operates under the principle of "premises liability," which holds property owners and occupiers accountable for maintaining safe conditions for visitors on their property. This includes:

• Invitees: People who are invited onto the property for business purposes (e.g., customers in a store) or for the mutual benefit of the owner and the visitor (e.g., guests at a social gathering).
• Licensees: People who are allowed to enter the property for their own purposes with the owner's permission (e.g., a delivery driver).
• Even Trespassers: In certain circumstances, property owners may owe a duty of care to trespassers, particularly if the trespasser is a child or if the owner knows about a dangerous condition on the property.

Comparative Negligence in California

California follows a "pure comparative negligence" rule. This means that even if you were partially at fault for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your degree of fault. For instance, if you are found 20% at fault, your damages will be reduced by 20%.

Statute of Limitations

In California, you generally have two years from the date of the accident to file a personal injury lawsuit for a stairway accident. It's crucial to act promptly to avoid losing your right to seek compensation.

KAASS Law: Your Advocate in Stairway Accident Cases

Stairway accident cases can be complex. Proving negligence and navigating insurance claims requires legal expertise. An experienced personal injury attorney can help you:

• Investigate the accident: Gather evidence, interview witnesses, and consult with experts to build a strong case.
• Negotiate with insurance companies: Deal with insurance adjusters and fight for fair compensation.
• Represent you in court: If necessary, file a lawsuit and represent your interests in court.

If you've been injured in a stairway accident in California, don't hesitate to seek legal help. Understanding your rights and taking the right steps after an accident can make a significant difference in your ability to recover compensation and get back on your feet.

If you or a loved one has been injured in a stairway accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation.   [contact-form-7 id="5673" title="KAASS LAW Contact Form"]

What are the Requirements for Design of Stairways Used During Construction in California?

According to the California Code of Regulations, the requirements for the design of stairways used during construction are as specified: 

• Temporary stairways used during construction (not meant to remain a permanent part of the property) are also required to be 24 inches in width and must have landings at each floor, or level, of at least 30 inches deep (in the direction of travel) and 24 inches wide at every 12 feet (3.7 m) or less of vertical rise. Workers must not use spiral, temporary stairways on location. 
• The stairways must be installed between 30 degrees to 50 degrees from horizontal. 
• The riser height and tread depth must be the same within each flight of stairs, and should not exceed 1/4 inch (0.6 cm). 
• If a stairway is placed near a door or gate opening, the stairway must have a platform between the swing of the door and the stairs of no less than 20 inches (51 cm).
• All sides of the stairway must have railings. 
• Metal pan landings and metal pan treads must be secured in place before filling with concrete, or any other fortifying material. 
• The stairway must be free of dangerous, hazardous objects ( ex. jutting nails). In addition, if the stairway is slippery, this condition must be fixed before its usage.  

What are the California Regulations for Stair Rails and Hand Rails?

The following general requirements by the California Code of Regulations apply to all stair rails and hand rails:

• A stairway with four or more risers, or rising more than 30 inches (76 cm), must be fortified with: one handrail (minimum requirement) and a stair rail, top rail, and mid-rail, along each unprotected side. The stair rails and hand rails should be incorporated as to prevent injuries of the employees, provide an adequate handhold, and prevent the tearing of clothing; or any other punctures or lacerations. In addition, the stair rails, handrails and mid-rails must be constructed so as not to create hazard.
• Handrails and top rails of the stairs must be able to endure, clearly without failure, at least 200 pounds (890 n) of weight when applied within 2 inches (5 cm) of the top in any downward or outward direction, at any point along the top edge.
• The height of the stair rails should not be less than 34 inches and should not exceed 38 inches from the upper surface to the tread.  
• In the case that the top edge of the stair also serves as a handrail, the height should be at least 34 inches, and no more than 38 inches from the upper surface of the stair rail to the surface of the tread.
• Mid-rails should preferably be located at a height midway between the top edge of the stair rail and the stairway steps. In addition, when materials such as screens, mesh, or others used in mid-rails, they are required to extend from the top rail to the stairway step; ensuring that there are no openings in the stair rail of more than 18 inches (46 cm) wide.
• In the case of spiral and winding stairways, these must be equipped with a handrail to prevent walking on areas were the tread width is less than 6 inches (15 cm). 
• If a handrail has been placed as part of a temporary structure, it must have a minimum clearance of 3 inches (8 cm) between the handrail and walls, stair rails, and other objects.

California Regulations for Temporary Service of Stairways

The California Code of Regulations also describes the temporary service of stairways. The following are to be monitored at all times, except during stairway construction. 

• Individuals must stay off the stairway with pan stairs where the treads and/or landings are to be filled with concrete or other material.
• Individuals must stay off the ‘skeleton’ of the stairway, such as metal stairs, where the permanent treads/landings are to be installed, unless the stairs are to be secured temporarily with solid material long enough to cover the entire skeleton area. 
• In addition treads for temporary usage must be made of wood or any other solid material that will withstand weight, and cover the full width and depth of the stair. These must also be replaced when needed (usually below the level of the top edge of the pan). 

Glendale Construction Business Lawyers

If you have any questions regarding proper safety measures on the construction of stairwells and stairs, abiding with the California Code of Regulations, please do not hesitate to contact one of our very skilled, dedicated, and knowledgeable lawyers. We know that these very specific, and sometimes confusing, regulations are complex; thus, it is for this reason that we recommend talking with one of our experienced Glendale business law attorneys whom are experienced in will assist you in ensuring that your property stands with the law.