When you fall on someone else’s property, proving negligence often comes down to showing what the owner should have done differently. Building codes give you that baseline. They’re not suggestions. They’re minimum safety standards that property owners must follow, and violations can make or break your case.
What Building Codes Actually Do
Building codes establish specific requirements for stairs, handrails, lighting, floor surfaces, ramps, and dozens of other features that affect visitor safety. Louisiana adopts statewide building codes, though local jurisdictions can add stricter requirements.
These codes exist because certain design features prevent injuries. Handrails at the right height keep people from tumbling down stairs. Proper lighting lets visitors see hazards. Slip-resistant surfaces reduce the chance that someone will go down on a wet floor. When property owners ignore these standards, they’re not just breaking rules. They’re creating foreseeable dangers.
Code Violations As Evidence Of Negligence
A building code violation doesn’t automatically win your case, but it shifts the burden significantly. If we can show that a property failed to meet code requirements and that failure contributed to your fall, it becomes much harder for the owner to claim they acted reasonably.
Courts often view code violations as evidence of negligence per se or, at a minimum, as strong proof that the property owner breached their duty of care. Suddenly, the defense can’t just argue that your fall was unpredictable or that you should have been more careful.
Common Code Violations That Cause Falls
We see the same violations repeatedly in premises liability cases. Property owners cut corners during construction or let maintenance slide over the years, and visitors pay the price.
Stairway defects are huge:
- Handrails are missing entirely or are mounted at the wrong height
- Inconsistent riser heights that throw off your stride
- Tread depth too shallow for safe foot placement
- No handrail extensions past the top and bottom steps
- Insufficient lighting in stairwells
Ramps cause problems, too. The Americans with Disabilities Act sets maximum slope ratios. When property owners exceed those limits or fail to provide adequate handrails, people lose their balance and fall. Uneven surfaces between flooring materials, raised thresholds without proper marking, and elevation changes without warnings all violate accessibility standards and create trip hazards.
How We Prove Code Violations
Documenting violations requires knowing what to measure and where to find the applicable standards. We start by identifying which codes applied when the building was constructed or last renovated. Then we compare the actual conditions to what the code required.
That might mean measuring handrail height and diameter, counting the inches between riser heights on a staircase, or using light meters to document inadequate illumination. We photograph everything with measurements visible in the frame. Building permits and inspection records help, too. If the property underwent renovations without proper permits, that’s additional evidence of negligence. If inspectors noted violations years ago and nothing was fixed, that shows knowledge and deliberate indifference.
When Grandfathering Doesn’t Apply
Property owners often claim their buildings were “grandfathered in” under old codes. That’s true to a point. Existing structures don’t always need to meet new code requirements that come along later.
However, grandfathering has limits. If the owner makes substantial renovations, the updated areas must meet current codes. If a dangerous condition exists regardless of when the building was constructed, the owner still has a duty to fix it or warn visitors. More importantly, even if a feature technically meets old code standards, property owners can still be negligent if those features have become dangerous. Safety standards evolve because we learn what actually prevents injuries.
Accessibility Standards Under The ADA
The Americans with Disabilities Act creates federal requirements that often exceed local building codes. These standards apply to places of public accommodation, which include most commercial properties.
ADA violations matter in premises cases even when the injured person isn’t disabled. The standards exist because certain designs are inherently safer for everyone. A properly ramped entrance with compliant handrails helps elderly visitors, parents with strollers, and anyone carrying heavy items, not just wheelchair users.
Building Codes And Comparative Fault
Louisiana follows a comparative fault system. If you’re partially responsible for your fall, your compensation gets reduced by your percentage of fault. Code violations help counter comparative fault arguments. When we can show that stairs didn’t meet code requirements for riser height consistency, it’s harder for the defense to claim you simply weren’t watching where you walked. The building created a hazard that would trip up even a careful person.
Why Technical Evidence Matters
Juries understand that building codes exist for good reasons. When we present clear evidence that a property violated specific safety standards, it resonates. The violation becomes concrete proof that the owner knew or should have known they were creating a danger.
That’s different from arguing in the abstract about whether maintenance was reasonable or whether a hazard was obvious. Code violations give us an objective standard that doesn’t depend on subjective judgments.
At Kiefer & Kiefer, we investigate code compliance thoroughly in every premises case. Our Marrero slip and fall lawyer team knows which violations matter most and how to document them in ways that strengthen your position. If you’ve been hurt on property that didn’t meet basic safety standards, reach out, and we’ll evaluate what code violations might support your claim.
