Mashup: Stairs and Suing Family and Friends

Shera and I walked down a friend's stairs the other night. I'd been down them before. But this time they scared me.

The stairs had a couple of turns in them. There were no low lights directed on the stairs.

There was no railing.

The stairs did not have distinct nosings. The bottom step lead to a steep sidewalk. The rise on one end of the stairs was about 1". The rise on the other end was about 12".

Stairs are one of the most useful and dangerous technologies ever invented. Especially for older people.

Stairs are more dangerous for people over 65 than either guns or motor vehicles. The same thing is true for little kids.

There are all sorts of ways to fall (especially when going down stairs):

• Slip

• Toe catch

• Overstep

• Heel miss

For older adults falling down the stairs results in a high probability of head injury or hip fracture. Both of these injuries are nails in the coffin for most older adults.

Stairs are unforgiving because a small error in construction or use does not result in a small impact on the person who falls. Biomechanically, small geometric changes massively change safety. Even a 1/4" deviation between steps (e.g., in rise or run) increases fall risk by 200 to 300 percent.

So where are we most likely to fall on the stairs? We're most likely to fall where we use stairs most frequently. And that’s probably going to be at the homes of friends and family members.

So that begs the question: Should I make a claim against a friend or family member?

Here are some common questions (and answers):

Q: Can I make a claim against a family member for a fall at their home?

A: Yes.

Q: Will their homeowner's policy provide coverage?

A: Yes. But there are some exceptions. Most homeowners policies exclude claims against other “residents of the same household.” So you probably can't bring a claim against a family member if you live in the home where you fell.

Q: How will the friend or family member react?

A: Tough for me to predict the reaction. But here’s what I typically explain:

The only one that’s benefited by the injured person not making a claim is the friend or family member’s insurance company. After all, they’ve paid premiums for years to ensure there’s coverage in case an accident happens. By not making a claim, all of those premium payments are wasted and the big winner is the friend or family member’s insurance company.