We have an obligation when we walk into a mall or store or person’s home to watch where we’re walking and be careful. This ability to keep you safe and avoid hazards is impacted by what we can see with our eyes. When construction of a ramp or window or stairs or pool edge is created so as to prevent you from seeing it than we are at increased risk of getting hurt.
Infinity pools and stairs and handicap ramps are all modern constructs that are often times very difficult to see. Our ability to see these things is also impacted by the direction of the sun or the lighting within a store that further impedes us from seeing what is right in front of us. When these things are constructed safety can be the last thing on the mind of the builder as warning signs, markings or colored edges can take away from the beauty of the design.
Rather, the builder or architect wanted to create a ramp or set or stairs that looked a certain way and whether our attention is distracted by the million things we see within a store or mall or not, they are still at times impossible to see. Most malls and public places are required to make their properties handicap accessible and this required the presence of a great many ramps. The ramps clearly involve a change in elevation on the walking surface however if they are not properly marked can creat the optical illusion of a flat walking surface. It does not take a very significant change in elevation to make your trip if you didn’t see it coming.
A property owner or home owner has a duty to protect you from known or obvious conditions on the property when he or she should anticipate the danger despite the obviousness of the condition. Meaning that as we enter stores or hotels or even different rooms within someone’s home are attention is distracted to other things and we may not notice something that is obvious, like a stairway or step down, especially when it’s designed and built to be visually indistinguishable.
The most common of these examples is the infinity pool edge, the handicap ramp and the stairs within homes and stores; however there are numerous other examples. Whenever there is a change in elevation or a step that was designed so flow visually as opposed to painted so as to be clearly distinguishable, you are left with a tripping hazard that someone might not appreciate.
If you were hurt due to a condition similar to this, call one of our lawyers now for a free consultation at (312) 422-0509. There is no charge for the call so take advantage of it and let us advise you on how to proceed. You have immediate concerns relating to compensation for medical bills, pain and suffering, lost wages and other costs related to the accident. Do not wait until it’s too late. Call us today.