Fell Down Stairs from a Broken Handrail? Here’s How to Claim Compensation

can i sue landlord for fall down stairs

You didn’t ask to get hurt. You didn’t trip because you were careless. You fell because your landlord never fixed the broken handrail you told them about three times. Now you’re hurt, missing work, racking up bills, and wondering if anyone’s going to do right by you.

This isn’t just bad luck. This is a case of negligence—and you might have the right to seek compensation for falling down stairs.

Let’s break down what your options look like if you fell in your San Diego rental because the property wasn’t safe.

If Your Landlord Knew About the Danger and Did Nothing, You Might Have a Case

Landlords aren’t just supposed to collect rent. They’re legally responsible for keeping stairwells, railings, and common areas safe. When they ignore complaints or delay critical repairs, tenants get hurt. Literally.

If you fell down the stairs and the handrail was broken, loose, or missing—that’s not just unfortunate. That’s grounds for a personal injury claim. Here’s what we look for:

  • Was there a known hazard (like a busted handrail)?
  • Did the landlord know or should they have known?
  • Did they fix it in a reasonable amount of time?
  • Did you get hurt as a result?

If the answer is yes to all of the above, it’s time to talk to a lawyer.

Your Injuries Could Be Worse Than You Think

Falling down the stairs can mess you up. We’re not just talking about a twisted ankle. We’re talking about injuries that can impact the rest of your life:

  • Head trauma or concussion
  • Back or spinal injuries
  • Broken bones
  • Torn ligaments
  • Permanent nerve damage

Even if it feels like a minor fall, don’t tough it out. Go to the doctor. Get imaging. Follow your treatment plan. You need that medical record to both recover properly and support your claim.

And remember: pain that lingers or creeps up days later still counts. Some of the worst injuries don’t show themselves right away.

What to Do Immediately After the Fall

Here’s what you should do—ideally in this order:

  1. Get medical help. Don’t wait. If you’re hurt, get seen.
  2. Take photos. Show the broken handrail, damaged stairs, or whatever caused the fall.
  3. Notify the landlord. In writing. Keep a copy.
  4. Get witness info. Neighbors. Visitors. Anyone who saw it.
  5. Document everything. Your symptoms. Doctor visits. Missed work. Expenses.
  6. Talk to a lawyer. Before you talk to their insurance company.

If your landlord or their insurance company calls with a fast settlement offer, don’t take it. Not before talking to an attorney.

How Much Compensation Could You Get?

Your case isn’t about punishing your landlord. It’s about making sure you don’t suffer twice—once physically, and again financially. The goal is to make you whole.

Depending on your injuries and situation, compensation for falling down stairs might include:

  • Emergency room and hospital bills
  • Follow-up care, surgery, physical therapy
  • Lost wages and future earning capacity
  • Pain and suffering
  • Emotional trauma
  • Long-term disability or impairment

If your landlord had a history of ignoring repairs, you could also be eligible for punitive damages. That’s legal-speak for, “They knew better, and they did it anyway.”

What If They Say It Was Your Fault?

Expect them to push back. Common excuses we hear:

  • You weren’t watching where you were going
  • You were wearing socks
  • You were carrying something heavy
  • You should have used more caution

Don’t let them flip the script. California uses a comparative fault system. Even if they say you were “partly” at fault, you can still recover compensation. It just might be reduced based on your level of responsibility. And we fight hard to keep that percentage low.

You Deserve Better Than a Brush-Off

When you report a broken handrail and it doesn’t get fixed, that’s not a minor oversight. It’s a failure that puts tenants at risk.

You pay rent. You follow the lease. You deserve a safe place to live. And when your landlord drops the ball, you have every right to hold them accountable.

Don’t let them off the hook. Don’t suffer in silence.

Our Premises Liability Attorneys are Here to Help

At DP Injury Attorneys, we help San Diego tenants get justice when landlords neglect their responsibilities. If you fell down stairs due to a broken handrail or another dangerous condition, we’ll listen to your story, investigate your case, and fight for every dollar you’re owed.

There’s no fee unless we win.

Call us now or contact us online to schedule your free consultation.

Author Bio

Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.

Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.

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