Can I sue the school district if I fell down the stairs in a school auditorium?

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Can I sue the school district if I fell down the stairs in a school auditorium?

It happened at the new auditorium around 5:30 – 6:00 pm. It was still light outside but it was raining, and misty out. I went down the first step. When I went to step to the next step I started to fall. I thought that there was another couple of stairs. Next thing I knew, I was sliding down the step on by back. I bumped the back of my head. My leg went up behind me, my ankle went one way and my leg went another. I had a broken ankle and some other things, My Medicare won’t pay for the ambulance ride. It took less than 2 minutes to pick me up and less than 1 to get me to the hospital (charge $749).

Asked on June 9, 2014 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A property owner, including a school or school district, is not liable simply because someone was injured on their property. Rather, to be liabiltiy, there must be fault--something they did wrong. If the stair was wet because a janitor had mopped it but not put up a warning "wet floor" sign, or if the stair was damaged due to faulty maintenance and broke under you, then they might be liable, because in those cases, they would likely have been negligent, or careless. On the other hand, if the stair was sound and was damp due to rain and mist, which is something completely beyond their control (or you simply tripped over your own feet), they would not be liable or financially responsible, since they would have done nothing wrong.


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