Section 13.73 "Staircase Rule"

• Library: Tort Law 2016

4. (§13.73) "Staircase Rule"

An analysis of those cases involving defects on stairways reveals the development of a rule that may be referred to as the "staircase rule." This "rule" holds that comparatively slight defects on or at the heads of stairways support a finding of negligence because the danger presented by a fall on a staircase is substantially greater than at practically any other location. The cases discussed below illustrate this rule.

In Haverkost v. Sears, Roebuck & Co., 193 S.W.2d 357 (Mo. App. E.D. 1946), the plaintiff sustained injuries when she tripped on a metal plate and fell...