If someone was injured due to a ramp being too steep or lacking a traction surface in California, this situation can support a strong premises liability or negligence claim, particularly if the ramp violates building codes or ADA standards. These types of claims often hinge on whether the ramp posed a foreseeable hazard and whether the property owner failed to maintain it safely.
⚖️ Legal Grounds for Liability:
1. Duty of Care
Property owners, occupiers, or managers owe a duty to maintain safe walking surfaces, including accessible ramps.
2. Breach of Duty
A ramp may be unsafe if:
- It exceeds the maximum slope (typically 1:12 for ADA compliance—1 inch of rise for every 12 inches of run).
- It lacks proper handrails (if required).
- It lacks non-slip or traction surfaces, especially in wet or sloped areas.
Violations of these standards may constitute negligence per se, meaning negligence is presumed because the property failed to meet code.
3. Causation
You must show the steep slope or lack of traction caused or contributed to the fall.
4. Damages
Includes physical injuries, medical costs, lost income, and pain and suffering.
🔍 Key Evidence to Support the Claim:
- Photos or video of the ramp’s slope and surface.
- Measurements showing slope exceeds code.
- Expert report (e.g., building inspector, ADA compliance consultant).
- Witness statements.
- Any prior complaints or incidents.
- Weather conditions (if rain worsened traction and no anti-slip surface was provided).
🔧 Applicable Standards:
- California Building Code.
- Americans with Disabilities Act (ADA): For public accommodations and commercial facilities.
- Local ordinances or safety regulations.
🚨 Special Notes:
- If the injured person had mobility challenges or used a wheelchair/walker, ADA violations can strengthen the case.
- Comparative negligence may apply if the person wasn’t using available handrails or was distracted.
- Statute of limitations: 2 years from the date of injury (standard for personal injury in California).
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
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