Defective Stairs Under California Law

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slip and fall lawyer Morgan Hill, CA

You’d think stairs would be simple enough. They’re not. California’s building codes set extremely specific standards that property owners have to follow, and when those standards aren’t met, people get hurt. These aren’t guidelines or suggestions. There are legal requirements that apply across residential and commercial properties throughout the state. When a stairway doesn’t meet code, it becomes a legitimate hazard.

What The Building Code Actually Requires

California’s building standards for stairways get into the details. The California Building Code establishes clear measurements for safe stair construction:

  • Riser height must stay between 4 and 7 inches for residential stairs
  • Tread depth needs to be at least 11 inches
  • Stair width can’t be less than 36 inches
  • Handrails are required when you’ve got four or more risers
  • Handrail height should measure between 34 and 38 inches

Here’s what people don’t always realize. Consistency matters just as much as hitting those measurements. If one riser is 6 inches and the next is 7.5 inches, that variation creates a serious tripping hazard. The code limits variation to 3/8 of an inch between risers in the same stairway because your brain expects uniformity when you’re walking down stairs.

When Handrails Become A Legal Issue

Missing and improperly installed handrails cause a lot of stairway accidents. California law doesn’t just say you need handrails on certain stairs. It tells you exactly how they should be installed. Handrails must run continuously along the full length of the stairs. They need to be securely mounted to support at least 200 pounds of force. The gripping surface should be smooth, without sharp edges or splinters that could prevent someone from holding on during a fall. Properties with wider stairways face additional requirements. If a stairway exceeds 88 inches in width, you’re looking at handrails on both sides. Some buildings also need intermediate handrails to make sure everyone has access to support.

Common Code Violations That Lead To Falls

Property owners sometimes make modifications without understanding how they affect code compliance. A Morgan Hill slip and fall lawyer sees these violations regularly. Worn or damaged stair treads create uneven surfaces. When carpeting wears thin in spots or concrete crumbles, it changes the effective height of that step. You’re expecting one thing, and you get another. Insufficient lighting is another frequent problem, especially in apartment buildings and parking structures where bulbs burn out, and nobody replaces them for weeks. Outdoor stairs face different challenges entirely. Weather exposure warps wood, creates slippery surfaces, and deteriorates materials faster than you’d expect. The code requires outdoor stairs to have proper drainage so water doesn’t pool on landings or treads, but plenty of property owners skip this detail.

How Building Code Violations Affect Your Case

When someone gets injured on a defective stairway, the property owner’s compliance with building codes becomes important evidence. A violation doesn’t automatically prove negligence, but it creates a strong foundation for a premises liability claim. Mitchell & Danoff Law Firm, Inc has handled numerous cases where building code violations played a central role in proving liability. Inspectors can measure existing stairs against code requirements. These aren’t subjective opinions. They’re objective measurements that provide clear evidence that something was wrong. The timeline matters too. If a property was built before the current codes took effect, it might have some protection under grandfather clauses. However, once an owner makes renovations or becomes aware of a hazard, they typically need to bring the stairs up to current standards. Ignorance won’t protect them.

What Property Owners Should Know

Residential landlords and commercial property managers have ongoing duties to maintain safe stairways. Regular inspections help identify problems before someone gets hurt. Small issues like loose handrails or worn treads don’t stay small. They get worse over time. Documentation matters tremendously if an accident occurs. Property owners should keep records of inspections, repairs, and any complaints they receive about stairways. A Morgan Hill slip and fall lawyer will request these records during a premises liability investigation, and missing documentation looks bad. If you’ve been injured on a defective stairway, understanding these code requirements helps you evaluate whether the property owner failed to maintain safe conditions. Building code violations provide objective evidence that stairs were dangerously designed or poorly maintained, supporting your right to compensation for injuries that could’ve been prevented with proper maintenance and adherence to safety standards.

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