If a personal injury occurred due to uneven stair risers in California, this can form the basis of a premises liability claim based on a dangerous condition of the property. California law imposes a duty on property owners to maintain safe conditions, and building code violations like uneven stair risers can be strong evidence of negligence.
⚖️ Legal Framework:
1. Duty of Care
Property owners (residential, commercial, or public) owe a duty to keep stairs in a reasonably safe condition, especially for lawful visitors (invitees and licensees).
2. Breach of Duty
Uneven risers can violate California Building Code or local ordinances (e.g., max variation between riser heights is typically limited to 3/8 inch). If stair risers are inconsistent beyond code allowances, that can be per se evidence of negligence.
3. Causation
The plaintiff must show the uneven stairs directly caused or significantly contributed to the fall.
4. Damages
Must demonstrate actual harm (e.g., injuries, medical expenses, lost wages, pain and suffering).
🛠️ Evidence to Gather:
- Photos and measurements of the risers (showing the height variation).
- Expert testimony (e.g., a building inspector or contractor) confirming code violations.
- Accident report (if available).
- Medical records documenting injuries.
- Witnesses to the fall or who have noticed the uneven stairs.
⚠️ Additional Considerations:
- Comparative negligence: If the injured party was distracted or not using handrails, damages could be reduced.
- Notice: Was the owner aware (or should they have been aware) of the defect? If they built the stairs or the issue was obvious, notice is easier to prove.
- Statute of limitations: Typically 2 years from the date of injury in California.
Law Offices of James R. Dickinson – 909-848-8448
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