While shopping in a department store, I tripped and fell down a flight of stairs that was missing a handrail, fracturing my wrist. The store was undergoing partial-renovations at the time. Who is at fault?
It is the property owners’ responsibility to ensure that their premises are maintained in a safe manner so as to prevent injuries to people who come onto their premises. While every individual is responsible for keeping a proper lookout for potential hazards and to avoid taking unnecessary risks, in this situation, no injury would have been sustained if access to the flight of stairs had been restricted or prohibited. The store or its contractors would be primarily at fault for the injuries suffered in these circumstances.
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