You have to take the stairs. You have no option. The stairs are damaged and you try your best. You fall and you are seriously injured. You aren’t sure what happened or even why. You just know that you are really hurt and don’t know what to do. Is the building owner responsible? Even if you cannot testify to exactly what made you fall? The answer is yes.
In the premises liability case of Christakis v. Tivioli Terrace LLC, the Fourth District Court of Appeal held that it was an error for the trial court to enter a directed verdict in favor of the defendant where there was conflicting evidence as to causation. In this case, the plaintiff could not testify to what made her fall. However she did produce evidence in the form of photographs and expert testimony that the stairs were damaged. The Court ruled that the plaintiff was not building inference upon inference because the damaged stairs were proven fact through the photos and testimony. As such there was a conflict in the evidence which should be left to a jury to decide.
If you are injured on public or governmental property or private property, you should contact a qualified personal injury lawyer. It will be vitally important to secure critical evidence to support your claim including but not limited to: