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Man Falls Down CTA Stairwell-What Are His Damages?

Posted on Mar 10, 2012

A few weeks ago, the Sun Times reported that a man was in critical condition after falling down a flight of stairs at a Chicago Transit  Authority station. No circumstances surrounding the accident were given. 

Subway or train stop stairway accidents are increasingly common. With budget cuts, many transit authorities have had to scale back inspection, maintenance, and repair efforts.  This translates into hazardous conditions for transit users.  

However, many stairway accidents are not due to the fault of the property owner, like a transit authority.  In fact, in only a small percentage of these cases, the property owner will be legally liable for the accident.  In those situations, the most common causes of the accident include wearing of non-slip material, lack of proper lighting, food/liquid, and deterioration.

To succeed in a stairway accident lawsuit in Pennsylvania, the injured person must be able to prove:

1. the landowner owed a duty to the person (i.e., the injured person was not a trespasser),
2. there was a defect which caused the accident,
3. the landowner knew or should have known about the defect, and
4. there were some actual damages.

If the claim is against a Pennsylvania or local government agency such as SEPTA, there are additional legal requirements as well.

In Pennsylvania and New Jersey accident victims may recover damages for the following:

  • past and future medical expenses,  
  • past and future lost wages,
  • past and future pain and suffering, and
  • loss of consortium.

Access our free legal article for more information about damages recoverable for stairway accident victims in Pennsylvania and New Jersey.

If you'd like your case reviewed by our PA & NJ stairway accident lawyers, call 877.944.8396 for a free, no obligation consultation.  We've handled many stairway accident cases and achieved great results for our clients.

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