Legal Question in Landlord & Tenant Law in Washington

Re: Injury from fall from stairs with no handrail

First off, I hope you feel better soon, that sounds painful! Glad to hear you are going to see your doctor, be sure and explain to him or her what happened to cause your injuries.

Read your rental contract. Is there a walk-through checklist attached signed by both parties? Is the landlord going to claim he had no idea that there was no handrail?

Then call the city or the county where you live and ask them to come inspect the place. This is provided in the RLTA and they have 5 days to come inspect and make sure the house is in compliance with applicable codes; I am fairly sure that handrails are mandatory. If they give you flak about the inspection, write them a letter and formally request the inspection. Send a copy to your landlord; he or she is entitled to be there when they inspect.

See what the inspector thinks. THEN go find yourself a personal injury attorney. There are remedies available under the common law (negligence) and the contract (breach of implied warranty of habitability) and the RLTA (duties of landlord).

This is not self-help; you need an atty to maximize your recovery. Yes, you will pay that person a percentage of your total recovery, but you will likely recover a LOT more $ with counsel than without. Good luck - Powell

Re: Injury from fall from stairs with no handrail

Landlords have a duty to provide a reasonably safe area for their tenants. The failure to have a handrail is likely a violation of the Building Code. The landlord is not just responsible for your medical, but also is likely responsible for your pain and suffering and any lost wages or diminution of earning capactiy you suffer as a result of your fall.

I would welcome an opportunity to discuss this matter with you further. Please do not hesitate to contact me.