Falls on stairs, steps, and handrails at Indiana businesses

Stairs and steps are among the most dangerous features of any building. A riser that is a little taller than the others, a single unmarked step down in a dim hallway, or a handrail that pulls away from the wall can cause a fall that breaks hips, wrists, and ankles or causes head injuries. Unlike a spill, these hazards are often built into the property, which can make the business’s knowledge easier to show.

Is a business responsible if I fall on its stairs or steps in Indiana?

It can be. Indiana businesses owe customers reasonable care, which includes fixing or warning about dangerous stairs, steps, ramps, and handrails they knew or should have known about. Uneven risers, worn treads, poor lighting, unmarked steps, and loose rails are common problems. A building code violation can be evidence of negligence.

The duty Indiana businesses owe customers

Customers of a business are generally invitees under Indiana law. Since Burrell v. Meads (1991), Indiana has applied the Restatement (Second) of Torts § 343 to invitees. In plain terms, a business may be liable for a dangerous condition if it knew about it or would have discovered it with reasonable care, should have realized it posed an unreasonable risk, should have expected customers would not discover it or protect themselves, and failed to use reasonable care to fix it or warn about it. Read more in our Indiana slip and fall lawyer page.

Common stair and step hazards

• Uneven riser heights or tread depths. People expect each step to match the last. A step that is different by even a small amount can catch a foot.
• Unmarked single steps and level changes, such as a step down into a dining area or a raised platform near a checkout.
• Worn, slippery, or broken treads, loose carpet, and missing or worn anti-slip strips.
• Missing, loose, or broken handrails, or rails that end before the last step.
• Poor lighting in stairwells, entrances, and hallways.
• Steep or slick ramps, and ramps without rails.
• Exterior steps and curbs with crumbling concrete, ice, or no contrasting edge markings.
• Clutter, merchandise, or cords left on stairs.

Building codes and safety standards

Indiana has adopted building and fire safety codes that address things like stair dimensions, handrails, guards, and lighting for many commercial buildings. A violation of a safety code that was meant to protect people like the injured customer can be evidence of negligence, and in some situations an unexcused violation can be treated as negligence itself. Which code applies often depends on when the building was built or renovated, so the history of the property matters. An engineer or architect who measures the stairs and reviews the applicable code is often part of investigating these cases.

When a handrail or fixture fails

Sometimes there is no direct evidence of why a fixture failed—a handrail simply pulls out of the wall. In 2025, the Indiana Supreme Court held that the doctrine of res ipsa loquitur (“the thing speaks for itself”) may be applied in premises liability cases involving fixtures where an invitee is injured (Isgrig v. Trustees of Indiana University). To use it, the injured person must show the fixture was under the defendant’s exclusive control and that the accident is the kind that does not ordinarily happen when those in control use proper care. It allows an inference of negligence; it does not guarantee a finding of negligence.

Who may be responsible

• The business operating the space.
• The property owner or landlord, depending on the lease and who controlled the stairs or common areas.
• A property management company responsible for maintenance.
• A contractor or builder whose work did not meet the applicable code.

Leases often decide who maintained what, so they should be obtained early.

Evidence that matters in a stair fall

• Photos and video of the stairs, rails, and lighting—taken before repairs are made.
• Measurements of each riser and tread, and the height and attachment of the handrail.
• Surveillance video of the fall and of other people stumbling in the same place.
• Prior complaints, incident reports, and repair records.
• Permits, inspections, and renovation records for the building.
• Your shoes and a description of what you were carrying.

Businesses sometimes repair a hazard soon after a fall. Documenting the condition right away is important. See what to do after falling in a store.

Comparative fault and deadlines

A business may argue the step was obvious or that you should have used the handrail. Under Indiana’s Comparative Fault Act, your damages are reduced by your share of fault and barred only if your fault is greater than everyone else’s combined (IC 34-51-2-6). See partly at fault for a fall. Most premises claims must be filed within two years (IC 34-11-2-4), with shorter notice deadlines for government buildings.

Falls at restaurants, hotels, and churches

Unmarked steps are common in restaurants and bars, and stairwells are a frequent hazard at hotels; see our restaurant and bar falls and hotel and motel injuries pages. Indiana law gives churches and other places used primarily for worship a more limited duty to invitees (IC 34-31-7-2), so falls there follow different rules.

Hurt on stairs or a step at an Indiana business? Call 1-800-265-9881 or send the free case review form.

General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.