Illuminating the Facts: Outdoor Stairway Fall at Private Residence

Case Summary: Plaintiff claimed they fell while descending an inadequately illuminated set of outdoor walkway stairs at a private residence. According to Plaintiff, the stairs leading from a cement walkway down to the paved asphalt driveway were hard to see because they were made of a different material than the landing.
Expert Analysis: Plaintiff’s expert witness focused on the standards of care for illumination on walkways in a general manner, including those typically identified as a means of egress. In contrast, the Architectural and Premises Safety Consultant retained through DJS Associates, Inc. focused on the specific requirements for illumination of an outdoor walkway at a private residence, on private property. The analysis revealed that the general standards for walkway illumination cited by Plaintiff did not apply to private residential walkways located on private property. Furthermore, Defendant had implemented the necessary safety features along the walkway in accordance with applicable standards.
Result: The case was settled prior to trial.
Key Factors: A thorough understanding of how standards of care apply to specific property types is required in architectural features and premises cases. In this instance, expert analysis demonstrated that Plaintiff’s expert did not have a firm standing on how illumination standards applied to private residential walkway conditions.
Anthony Shinsky, AIA, NCARB, ICC, CXLT
Architect & Premise Safety Consultant
View all articles by Anthony Shinsky, AIA, NCARB, ICC, CXLT