Surveillance video shows a woman wearing a salon cape exiting through the front door of a hair salon. She spends a few moments in front of the salon examining her hair in a large handheld mirror. On reentry, she stumbles on the second and falls.
Notable Timestamps
[ 00:32 ] - This is not her first time at the salon, and not her first time through the door that day.
[ 01:16 ] - Tripping and falling is a common experience.
[ 02:45 ] - The team watch & react to the video (only available for staff).
[ 04:08 ] - Ruth details the layout of the step.
[ 05:03 ] - The riser heights are within an acceptable range.
[ 05:40 ] - The tread depth is likely compliant, even if they are longer than usual.
[ 06:07 ] - The riser heights are not uniform, which may present a code issue.
[ 06:45 ] - In this case the 2018 IBC applied, and handrails are required on both sides. No handrails were present here.
[ 07:17 ] - The term "Legacy Code Exceptions" is typically preferred to describe when a code does not apply because the structure was built prior to the code's establishment.
[ 08:30 ] - A "triggering event" such as remodeling or occupancy change can mean that a legacy code exception would not apply. It also may not apply if something else, e.g. deterioration, made the area unsafe.
[ 09:18 ] - In some cases, an exception to a building code may be made if the structure of the building does not permit the code requirement, e.g. handrails.
[ 10:22 ] - In some states, if the steps were not up to code, the salon is negligent automatically or "negligent per se." In other states, evidence of code violation means there is a presumption of neglience; finally, other states merely find a code violation to be evidence of negligence.
[ 11:30 ] - Even in "negligence per se" states, establishing that the negligence existed is not the same as demonstrating that the negligence caused the injury as opposed to an intervening factor, e.g. the insured's behavior.
[ 12:33 ] - Ruth provides a recap of the scenario and the points above.
Your PLRB Resources
Address Report: Find a code adoption for insured's address with link to code book - https://www.plrb.org/building-codes/building-component/
Commercial Stairs Diagram: Interactive diagram with excerpts from code for each of the main components of stairs - https://www.plrb.org/building-codes/building-component/
Legal Duty Created by Building Codes: State-by-state analysis of case law and defenses - was the insured negligent based on failure to comply with building codes? - https://www.plrb.org/documents/overview-of-duty-created-by-building-codes/
Ask a Code Question - https://www.plrb.org/building-codes/ask-plrb-building-code-question/
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