Can broken stairs lead to a wrongful death claim?

Hazards on someone else’s property can have tragic consequences. When broken stairs lead to a fatal fall, the law may hold the property owner responsible. In Texas, certain conditions must be met before a wrongful death claim can move forward.

Understanding wrongful death liability

To hold someone liable for a death, you need to prove negligence. In a premises liability case involving stairs, that means showing the stairs were broken, that the owner knew or should have known, and they failed to fix the issue. If someone dies because of that failure, their surviving family may have grounds to file a claim.

If the deceased had a legal right to be on the property and the danger wasn’t obvious, the owner may be liable. For example, if a stair tread was loose or missing and caused a fall, that could support a claim. Property owners must maintain stairs in reasonably safe condition.

Types of property where this applies

Wrongful death claims from broken stairs aren’t limited to one kind of property. They can occur in apartment buildings, retail stores, restaurants, office complexes, or private homes. If the death happened on a rental property, both the landlord and property manager may bear responsibility. If the stairs were part of a business open to the public, the owner owes a high duty of care to keep the premises safe.

Even public entities may face liability in certain cases, though additional legal standards and notice requirements apply.

Proving a wrongful death from unsafe stairs

Evidence matters in these cases. Photos of the broken stairs, maintenance records, and witness statements help establish that the hazard existed and wasn’t addressed. An investigation may also show whether the building failed to meet code requirements. The more clearly you can connect the unsafe stairs to the fatal fall, the stronger the case.

What survivors may recover

When a wrongful death claim succeeds, the survivors may be eligible for compensation related to lost income, companionship, funeral costs, and more. What they may recover depends on their relationship to the person who passed away and the emotional and financial effects of the loss. While no amount of compensation can replace a lost life, it can help ease the burden left behind and provide some measure of support for those grieving the loss.