If you were a victim of a slip and fall accident, you need to prove that the property owner’s negligence contributed to the accident and consequently your injuries. This can pose quite a challenge especially if the owner says that your carelessness is what caused your accident.
Demonstrating that the property owner violated local or state building codes will help to support your claim.
What is the Importance of Building Codes?
Building codes are meant to safeguard the public. There are specific municipal and state building codes that builders must follow and inspections are conducted during every stage of construction to ensure that all building codes are adhered to.
Property owners are required to regularly maintain their property to ensure the safety of the occupants and visitors.
Most states follow the International Building Codes which are updated every three years.
Code Violations and Building Inspectors
Every jurisdiction has a code enforcement department which may consist of one person or hundreds of inspectors depending on the area’s population. The codebooks can be found at your local city planning department, records building or town hall. In larger jurisdictions, you can find the codes online.
Individual towns and cities can have their own building codes but those codes cannot override state codes.
What Building Inspectors Look for
They inspect building to determine if the building:
- Is built properly with the right materials
- Clean and sanitary
- Structurally sound
- Has exits in case of an emergency
If a code inspector finds that the structure and grounds of a building do not comply with applicable codes, then the property owner may receive a red flag, citation or a warning to repair the violation.
If you find proof that a property owner violated a building code and their negligence directly resulted in your injuries, you might have a solid personal injury claim.
How Code Violations will Support Your Personal Injury Claim
Building code inspectors learn about violations through complaints from visitors, tenants or people doing business on the premise. These violations manifest as:
- Poor electrical wiring
- Broken or missing handrails
- Broken staircases
- Crumbling ceilings
- Accessibility problems
The Four Elements of Negligence
In addition to showing that the premise owner violated building codes, you also have to demonstrate these four elements of negligence in order for your claim to be successful:
1. Duty of Care
You have to show that the property owner had a duty to ensure the safety of others while they are on their property.
2. Breach of Duty
You also have to prove that the property owner breached their duty of care by failing to take reasonable steps to ensure the safety of their premises.
3. Cause
As a result of the owner’s breach of duty, they caused you harm. For instance, if a fire broke out but you got third degree burns because of substandard electrical wiring that caused the fire.
4. Damages
You suffered injuries verified by a medical doctor and suffered other damages like lost wages.
Collect Evidence as Soon as Possible
A premises owner who knows that they have been in violation of building code will act swiftly to cover their tracks so as to avoid liability. This is why you shouldn’t wait too long to collect evidence if you’ve been a victim of a premise owner’s negligence.
Report the Accident
Report the accident to the premise’s owner and call 911 if necessary. When you get to the hospital make sure you tell your medical provider what happened.
Take Pictures
Take as many pictures as possible of the accident scene. Take some close up and wide angle pictures. You can never have too many pictures.
Get Witness Statements
If there were any people who saw what happened get their contact information and if possible, a recorded statement.
Get Insurance Information
Get the owner’s insurance company information and verify it.
Current Building Codes May not Apply in Your Case
Your case can get complicated if the building where your accident happened was built before the current building codes were introduced. It’s therefore important that you consult with a personal injury lawyer in your area. They can help you gather evidence you didn’t even think would help your case. In addition, an attorney can help you get evidence you wouldn’t otherwise get on your own such as prior penalties and violations, property records and so much more information.
If you are located in Providence, RI, you can contact our lawyers at 401-751-0101 to schedule your free initial consultation.
