There are many issues that must be dealt with by attorneys who represent clients injured in stairway fall cases. This presentation is a primer on some of the key issues that a lawyer should look for in pursuing liability against the landowner.

1. LITIGATING AND HANDLING THE STAIRWAY FALL
OR STAIRWAY TRIP CASE
Edward K. Le
Edward K. Le, PLLC
135 Park Ave N.
Renton, Wa 98057
425-336-2255
Fax 425 902-0180
www.edwardkle.com
Email: edwardkle@gmail.com

2. UNDERSTAND THE
BIOMECHANICS OF
NORMAL WALKING

5. WALKING BIOMECHANICS INVOLVE
HEEL TO TOE STRIKE

6. Causes of Trips
• Damaged steps
• Non-uniform, improper or irregular steps
• Taller of shorter
• Shallower tread depth
• Otherwise irregular
Tread
Riser

7. PURPOSE OF NORMAL
TREADS and RISES ARE TO
SUPPORT TO FOOT WHEN
BODY WEIGHT IS
CENTERED OVER BALL OF
FOOT DURING DESCENT

8. HORTER TREADS
PROVIDES LESS SUPPORT
O FOOT WHEN BODY
WEIGHT IS CENTERED
OVER BALL OF FOOT
DURING DESCENT,
CAUSING FOOT TO SLIP
OVER NOSING OF STEP

9. Understand the Key Components for
Stairway Safety
 Treads
 Rails
 Handrails
 Stair rails
 Guardrails
 Landings and Platforms

10. KNOW WHAT THE RISER AND
TREAD SAFETY
REQUIREMENTS ARE UNDER
UNIFORM BUILDING CODE

11. Stairway Construction
RISER-The part of the stairs that will
help you accomplish the height
THREADS-The length of plate
STRINGER-The part of the stairs
that will hold all the weight

13. HAVE YOUR EXPERT THOROUGHLY INSPECT
FOR STAIRWAY VARIATIONS THAT EXCEED 3/8 OF AN INCH

14. SAFE RISER/TREAD PROPORTION

15. STAIRWAY VARIATIONS EXCEED 3/8 OF AN INCH = GOOD LIABILITY

16. EXAMPLE

17. LOOK FOR TRIP HAZARDS
FROM UNEVEN NOSINGS

18. Is It Smooth?

19. Is It Even?

20. Does It Have Tendency to “Catch” the Soles of a Shoe?

21. Are the Nosings Uniform From One Stair to Another?

22. ANTI-SLIP EDGE AND
NOSING SOLUTIONS

23. ANTI-SLIP AND MARKING OF EDGINGS

25. Most Variations On Stairways Occur On First Two Treads

26. IDENTIFY WHETHER THERE
ARE VISIBILITY AND
CONTRAST ISSUES

27. IMPORTANCE OF CONTRAST = ASSIST IN DIFFERENTIATING
STEPS DURING DESCENT

28. WAYS TO MEASURE CONTRAST

29. LACK OF CONTRAST REDUCES HUMAN PERCEPTUAL CAPACITY

30. EXAMPLE

31. EXAMPLE OF STAIRS WITH & WITHOUT CONTRAST

32. NOSING CONTRAST GREATLY DIMINISHES FALLS

33. EXPLAIN THE
LIMITED CONE OF
VISION AND
REACTION TIME
THROUGH A
HUMAN FACTORS
EXPERT

34. STAIRS OF NEARBY APARTMENTSTAIRS OF DEFENDANT’S APARTMENT
COMPARE THE DEFENDANT’S CONDUCT WITH THAT OF
OTHER BUSINESSES NEARBY IN THE LOCAL COMMUNITY

35. EMPHASIZE THE
MINIMAL COST TO
PREVENT THESE
HAZARDS TO THE JURY

36. KNOW THE APPLICABLE
HANDRAILS REQUIREMENTS

37. Stairways with four or
more risers, or higher
than 30 inches, must
be equipped with at
least one handrail.

38. PURPOSE OF HANDRAILS
1.Provide a surface to slide
hand, allowing person to
monitor progress and
stability
2.Provide grab necessary for
support in event of misstep

39. The IRC and residential portion of the 2009 IBC define Type II handrail as
follows:
• Handrails with a perimeter greater than 6¼ inches (160 mm) shall
provide a graspable finger recess area on both sides of the profile.
• The minimum width of the handrail above the recess shall be 1¼ inches
(32 mm) to a maximum of 2¾ inches (70 mm). Edges shall have a
minimum radius of 0.01 inch (0.25 mm).

40. MINIMUM DESIGN AND INSTALLATION REQUIREMENT

41. IF IT’S TOO SHORT, THEN THE RAILS ARE NOT REACHABLE

42. HANDRAILS SHOULD BE GRASPABLE

45. GRASPABILITY REQUIREMENT OF HANDRAILS

46. EXAMPLE OF BAD HANDRAIL

47. NOT GRASPABLE
GOOD BAD

48. Where doors or gates
open directly on a
stairway, a platform that
extends 20 inches beyond
the swing of the door must
be provided.
Platforms and Swing Doors

49. Stairways landings must be at least 30
inches deep and 22 inches wide at
every 12 feet or less of vertical rise
Unprotected sides of landings must
have standard 42 inch guardrail
systems
Stairway Landings
Landing

50. Email: Edward@edwardkle.com
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