Injured From Falling Down Stairs in Fort Myers? Here's What You Need to Know
Injuries from falling down stairs affects more than one million people annually who require medical attention, according to the American Journal of Medicine. Unlike falls on level surfaces, staircase accidents often result in more severe consequences, especially for children and older adults. These incidents can lead to a range of serious injuries—from sprains and fractures to potentially life-altering head trauma and spinal cord damage.
If you've experienced injuries from falling down stairs in Fort Myers, you should know that property owners have a legal responsibility to maintain safe premises. In fact, Florida law requires them to take reasonable precautions to protect visitors from hazards. When they fail to address issues like poor maintenance, inadequate lighting, or missing handrails, they may be liable for your injuries. Additionally, environmental factors such as wet surfaces significantly increase accident risks, potentially strengthening your premises liability claim.
Common Injuries from Falling Down Stairs
Staircase falls can cause substantially more severe injuries compared to level-ground accidents due to multiple impact points and greater force. Studies show that falls down stairs result in approximately 1 million injuries annually, making them the second leading cause of accidental injuries nationwide.
Head injury from falling down stairs
The head is the most frequently involved anatomical region in fatal stair falls. Research reveals that over 80% of patients examined after staircase accidents sustained traumatic brain injuries (TBI). Common head injuries include skull fractures (particularly temporal, parietal, and occipital bones), subarachnoid hemorrhages, and brain contusions. Consequently, traumatic brain injury stands as the primary cause of death from falls down stairs. Even non-fatal head injuries can lead to lasting cognitive issues, dizziness, headaches, and confusion.
Back and spinal injuries
Spine fractures rank as the second most frequent injury region after skull fractures in stair falls. These injuries often affect the cervical, thoracic, and lumbar regions of the spine. A fall might cause herniated disks, compression fractures, or spinal cord damage. Furthermore, the risk of spinal cord injury increases with age, as people 61 years and older experience the highest frequency of falls on stairs (22%). These injuries frequently result in chronic pain, limited mobility, and in severe cases, partial or complete paralysis.
Foot and knee injuries
Lower extremity injuries comprise a significant portion of stair fall accidents. Research indicates the risk of foot or ankle fracture is double that from a standing position fall. Knee injuries are particularly common, including hyperextension, broken kneecaps, and torn ligaments (ACL/MCL). Moreover, these injuries typically require lengthy rehabilitation periods and potentially surgery for repair. Many occur when stairs break underneath weight or when stepping on the edge of a stair tread.
Shoulder injuries commonly occur as victims instinctively extend their arms to break falls. The rotator cuff—muscles and tendons stabilizing the shoulder—often tears during stair falls. A typical scenario involves a sudden jerk when gripping a stair railing to prevent falling. Other shoulder injuries include dislocations, clavicle fractures, and proximal humerus fractures. Recovery generally requires immobilization with a sling for about 4 weeks, followed by careful rehabilitation.
Catastrophic or long-term consequences
Older patients (≥65 years) experience significantly worse outcomes, including longer hospital stays (4.8 vs 3.6 days) and higher injury severity scores (9.1 vs 6.8) compared to younger patients. Additionally, older patients are more likely to require discharge to post-hospital care facilities (51% vs 14.9%). Male patients face higher mortality rates (10% vs 2%) and greater injury severity. Besides medical implications, these injuries often result in substantial economic costs, long-term disability, and reduced quality of life.
Who Can Be Held Responsible for Your Fall?
Under Florida's premises liability laws, several parties may bear legal responsibility for your staircase accident. Identifying these responsible parties is essential for pursuing fair compensation after a falling accident.
Property owners and landlords
Property owners have a legal duty to maintain safe conditions on their premises. When they fail to exercise reasonable care, they can be held liable for injuries resulting from dangerous stairways. This responsibility includes regular inspections, timely repairs, and addressing known hazards. Landlords, meanwhile, must keep all common areas—including shared staircases—in a reasonably safe condition. They can be liable for injuries if they knew about a broken staircase but failed to fix it or if they violated building codes regarding stair design, handrail requirements, or lighting standards.
Business operators and store managers
Even if they don't own the property, business operators bear responsibility for maintaining safe conditions within their operational areas. Store managers must regularly inspect premises, promptly clean spills, and address dangerous conditions on staircases. They also have a duty to warn customers about known hazards—for instance, placing signs near wet stairs. Failure to exercise this reasonable care often results in liability for injuries visitors sustain from falling down stairs.
Government or public entities
Historically, government entities were protected by "sovereign immunity," which prevented lawsuits against them. Nevertheless, most governments have waived this immunity through tort claims acts. These laws allow individuals injured on government property to file claims, albeit with specific procedures and shorter deadlines. Claims against government entities typically require filing a formal notice within a limited timeframe—sometimes as little as 30 days from your injury date. The notice must detail how the injury occurred and why the agency was negligent.
Third-party contractors or maintenance crews
Third parties who install, repair, or maintain staircases may share liability if their negligence contributed to unsafe conditions. This includes contractors who installed stairs improperly, cleaning companies that left slippery substances without warnings, or maintenance personnel who failed to address reported hazards. Property owners who delegate safety responsibilities to contractors aren't automatically freed from liability—the delegation must be reasonable and explicit.
What Compensation Can You Claim?
After suffering injuries from a staircase fall, understanding your compensation options is crucial for your recovery. Florida law may entitle you to substantial damages if someone's negligence caused your accident.
Medical expenses and future care
Victims can recover both current and future medical costs. This includes emergency room visits, hospitalizations, surgeries, medications, and rehabilitation services required due to your fall. For severe injuries, compensation often covers medical devices like wheelchairs, home modifications, and ongoing care from health aides. Medical expenses typically form a significant portion of staircase injury claims, with detailed documentation strengthening your case.
Lost wages and reduced earning capacity
If your injuries prevent you from working, you may recover compensation for lost income. This covers both wages already lost during recovery and potential future earnings if your ability to work or advance in your career is affected. Some victims miss an average of 11 work days per month while recovering. Importantly, those suffering permanent disabilities from stair falls may never resume their careers, potentially qualifying for substantial long-term compensation.
Pain, suffering, and emotional distress
Non-economic damages address the intangible impacts of your accident. These include physical pain, emotional suffering, anxiety, depression, and trauma caused by the accident and its aftermath. Additionally, compensation may cover permanent disfigurement, disability, and loss of enjoyment of life. Unlike some states, Florida doesn't cap these damages, allowing for significant compensation depending on injury severity.
Wrongful death and loss of companionship
When staircase falls result in fatalities, surviving family members can pursue wrongful death claims. These may include compensation for funeral expenses, burial costs, lost financial support, and loss of companionship. Spouses may claim loss of consortium, while minor children can seek damages for loss of parental guidance. A recent wrongful death case involving hidden stairs resulted in damages totaling approximately $6.73 million.
Steps to Take After a Staircase Fall in Fort Myers
Taking swift action immediately after a staircase accident can protect both your health and legal rights. Following these crucial steps ensures you're properly cared for and maintains your ability to pursue compensation for falling down stairs injuries.
Seek immediate medical attention
Your health comes first after experiencing an injury from falling down stairs. Even if injuries appear minor, seek medical care right away. Some serious conditions, including head trauma or internal injuries, might not show symptoms immediately. Medical documentation establishes a direct link between your fall and injuries, which proves invaluable for any future claim. Tell your doctor exactly how the fall occurred so they can properly connect your injuries to the accident. Remember to save all medical records, including treatment plans, prescriptions, and exam notes.
Soon after seeking medical care, report the accident to the property owner or manager. This creates an official record essential for any legal claim. When reporting the incident, stick to facts about what happened and avoid statements that could be interpreted as admitting fault. Request a copy of the completed incident report for your records. Promptly reporting allows management to examine the scene while evidence remains fresh.
Document the scene and gather evidence
Thoroughly collecting evidence strengthens your case substantially. Take clear photographs of:
The area where you fell, capturing any hazards like wet surfaces or structural defects
Your visible injuries
Torn clothing or damaged personal items
Additionally, obtain contact information from anyone who witnessed your fall. Their statements provide unbiased perspectives that corroborate your account. If security cameras were present, request footage before it's deleted.
Consult a personal injury attorney
Following documentation, contact an experienced attorney to protect your rights. A lawyer will investigate circumstances surrounding your falling down stairs injury, gather additional evidence, interview witnesses, and negotiate with insurance companies on your behalf.
Remember, insurance companies often dispute claims or attempt to minimize payments—having professional representation significantly improves your chances of receiving fair compensation.
Conclusion
Stair accidents undeniably cause devastating injuries that affect victims physically, emotionally, and financially. Although these incidents happen suddenly, their consequences often last for years—sometimes permanently. Therefore, taking immediate action after a falling down stairs injury protects both your health and legal rights.
First and foremost, seek prompt medical care even if injuries seem minor, as some conditions develop symptoms days later. Additionally, thorough documentation strengthens your case substantially—photographs, witness statements, and incident reports all serve as critical evidence. Property owners, whether private landlords, business operators, or government entities, must maintain safe premises for visitors. When they fail in this duty, you deserve fair compensation for your suffering.
During this challenging time, professional legal guidance makes a significant difference in the outcome of your case. Insurance companies typically attempt to minimize payouts or shift blame onto victims.
If you have been injured in a stair accident and need an attorney, call our Fort Myers, Cape Coral, Estero, Bonita Springs, and Naples Stair Injury and Premise Liability Lawyers at Pittman Law Firm, P.L. today for a free consultation.
Though recovering from stair injuries requires time and patience, understanding your legal options helps ease the financial burden. Rather than facing this difficult journey alone, partnering with experienced legal representation ensures someone fights for your rights while you focus on what matters most—your recovery.
FAQs
Q1. What are the most common injuries from falling down stairs? The most frequent injuries include head trauma, back and spinal injuries, foot and knee injuries, and shoulder injuries. Head injuries are particularly serious, often resulting in traumatic brain injuries. Broken bones are also common, especially in the lower extremities.
Q2. How long does recovery typically take after a staircase fall? Recovery time varies depending on the severity of injuries, but generally ranges from 4-6 weeks for minor injuries. However, more severe injuries may require months of rehabilitation and some may result in long-term or permanent effects.
Q3. Should I seek medical attention even if I feel fine after falling down stairs? Yes, it's crucial to seek immediate medical attention after a staircase fall, even if you don't feel injured. Some serious conditions, like head trauma or internal injuries, may not show symptoms immediately. Prompt medical care also establishes a link between your fall and any injuries for potential legal claims.
Q4. Who can be held responsible for injuries from falling down stairs? Several parties may be held responsible, including property owners, landlords, business operators, store managers, government entities (for public properties), and third-party contractors responsible for staircase maintenance. The specific circumstances of your fall will determine liability.
Q5. What types of compensation can I claim for a staircase fall injury? You may be eligible to claim compensation for medical expenses (including future care costs), lost wages and reduced earning capacity, pain and suffering, emotional distress, and in severe cases, long-term disability expenses. In fatal accidents, family members may pursue wrongful death claims.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm, P.L.