Woman Files Suit Against Apartment Complex After Falling on the Stairs

A woman has decided to file suit after falling at a Spring, TX apartment complex while holding her child.  She is suing on her own behalf and on the behalf of the child.  She filed the lawsuit on May 3 in the Harris County District Court, against Lakebridge Houston, Lakebridge Homeowners Association, and Mercantile Capital, citing negligence.

The woman’s claim is that the apartment complex has unsafe conditions.  She was walking down the stairs on May 17, 2010 while carrying her child, and tripped over a piece of metal.  According to her statement, she believed the apartment managers to be at fault for not keeping the stairway clear of debris.  She is seeking damages as well as court costs.

There is no information regarding what injuries she or her child endured after the fall.

Children can be seriously injured in slip and fall accidents while being carried

A study published in the journal Pediatrics showed that between the years of 1999 and 2008, more than 53,000 children were taken to the ER, treated for injuries sustained from a fall while being carried by an adult who lost his or her balance.  Many of these fall occurred on stairs, and the likely culprit is parents or other caregivers multi-tasking, and not paying attention.  The most common place for the accidents to occur is the home of the child.  Although those accidents were not candidates for personal injury lawsuits, there are many other instances where lawsuits should be filed.  Some of the most common reasons for pursuing a personal injury lawsuit are situations where the child was at another person’s home and dangerous situations were neglected.  For example, a missing handrail on a stair way, or any situation where:

  • The owner created a dangerous situation
  • The owner knew about a potential danger and did not correct it
  • The owner should have been aware of a dangerous situation because of the length of time the danger existed

Slip and fall cases involving children can be more dangerous because children are still developing, and some injuries can cause life-long disabilities.

Too many young children being injured in slip and fall accidents involving stairs

Although the number of children aged 4 or younger that are treated in the emergency room for slip and fall accidents on stairs has declined in recent years, doctors insist the numbers are still too high.  The journal, Pediatrics, recently published research collected from 1999 to 2008 showing a decline in emergency room visits regarding stair-related injuries for children under 5.  The numbers average out to a child being rushed to the emergency room every six minutes for slip and fall injuries related to stairs.

During the 10 years the study took place, it was shown that 3% of the children had been hospitalized from hemorrhages in the brain or concussions.  Most of the injuries were to the head or neck areas of the body, although other scrapes, bruises and cuts were seen.  Fractures to the thigh or arm were also serious injuries that resulted from the accidents.  More than half of the children seen in the emergency room were male, and patients aged one were the largest group represented.

Approximately one-fourth of children younger than one were being carried on the stairs at the time of the accident, by a parent or other caregiver.