Where should I go with my question?

[Irkwerker]

I'm doing legwork for a lawsuit.
An elderly woman took a bad fall at a restaurant picking up some food last month, I agreed to research.
I'm a semi-retired residential builder and I'm not as versed in commercial work.
The entrance to the place has an unguarded drop on one side of a 12" rise and I'm certain this caused the fall.
IBC 09 1009.4.2 is close to what I see, but as there is evidence of a removed guardrail at that spot, I wonder if I'm missing more.

 

[Irkwerker]

https://www.dropbox.com/s/8jemkz6i3vh74l2/20210816_151622.jpg?dl=0

 

[cda]

You would probably first have to find out

1. when was the building built

2. Are those original porch and stairs.

3. Is that original overhang.

4. How long that business has been there.

5. How long has the current owner, has owned it.

6. Do an open records request for all and any type of inspections that have been done there.

Some of these answers may make the owner not liable.

 

[cda]

Welcome

 

[Irkwerker]

You would probably first have to find out

1. when was the building built

2. Are those original porch and stairs.

3. Is that original overhang.

4. How long that business has been there.

5. How long has the current owner, has owned it.

6. Do an open records request for all and any type of inspections that have been done there.

Some of these answers may make the owner not liable.

Thank you! That will keep me busy for a while!

 

[cda]

Thank you! That will keep me busy for a while!

will let others answer if guard or rail should be there

 

[bill1952]

Why isn't it simply that no guard is required because it's less than 30"? It is possible a curb is required for accessibility reasons and installed when ramp was built.

 

[BN4537]

My interpretation of both commercial building code and ADA would require a handrail for the stairs in new construction, but who knows if that was true when this place was built.

 

[BN4537]

I'm sorry about the fall, but I don't think you will get very far on this lawsuit. The conditions shown are not that bad in the realm of existing buildings. There are instances where there could be lawsuit-grade material from the above conditions, but it would probably be along the lines of the code department told them to fix it, and they haven't, and then someone fell and got injured, or some other form of egregious negligence.

 

[bill1952]

I agree the Beniah that the stair us required to have a handrail but my comment above was regarding the unguarded 12" or so edge to left of stair in photo and opposite ramp. I took from your original post that was where the fall was. Now, if nearer stair, a compliant handrail might have my are a difference.

 

[Paul Sweet]

The slab looks like it's been there for quite a while. At one time handrails weren't required for 2 risers. I don't know of any requirement for a rail at a 12" drop - there was a requirement at one time for a rail when the drop exceeded 16", but it's 30" not. On the other hand, I'm not familiar with Washington amendments to the code.

 

[Irkwerker]

I'm sorry about the fall, but I don't think you will get very far on this lawsuit. The conditions shown are not that bad in the realm of existing buildings. There are instances where there could be lawsuit-grade material from the above conditions, but it would probably be along the lines of the code department told them to fix it, and they haven't, and then someone fell and got injured, or some other form of egregious negligence.

True. This may not be a building code issue at all. Although there appears to be a handrail there that was installed at one time, then removed.
I'm wondering then, if that might not be considered a step, since there is little to dissuade a person from using it as such. If so, the riser there would be at 12", which isn't legal either.
As I said, there may be safety regulations somewhere else.
I very much appreciate the input.
I was told the food was lousy...

 

[Irkwerker]

My interpretation of both commercial building code and ADA would require a handrail for the stairs in new construction, but who knows if that was true when this place was built.

That's true, but many safety issues require upgrades these days. I see no reason for a public facility to not make an effort to help ensure simple accidents don't happen.
A planter box from home depot might've achieved this.
We can't bubble wrap the world, nor should we, but once the owner saw the injury, he should've at least put some caution tape up.
Thanks