Fell Down Stairs That Weren't Built to Code? What Florida Law Says

If you fell down stairs and you keep thinking "something about those steps was off," you may be right. Many falls happen on stairs that were built or altered the wrong way: steps of different heights, treads too shallow for your foot, handrails that are missing, too low or impossible to grab, or a single step nobody would expect.

A fall down stairs can change your life. These falls cause head and brain injuries, broken hips, wrists and backs, and in some cases death. This guide explains, in plain language, what the Florida Building Code generally requires for stairs, how Florida courts treat code violations in injury cases, who may be responsible and what to photograph and measure. This article is general information, not legal advice. Every case depends on its facts, so speak with a lawyer about your situation.

Fell down stairs? Why the stairs themselves may be the problem

When people walk on stairs, their feet set a rhythm after the first step or two. If one step is taller, shorter or shallower than the rest, the foot can catch or miss the edge. That is why building codes require steps in a flight to be close to the same size, and why small differences can matter in a fall.

There are two different kinds of stair cases:

• Built wrongStairs, handrails or guards that did not meet the building code when they were built or altered. This guide covers these cases.
• Not maintainedStairs that were fine once but broke, rotted, came loose or were left dark. See our guide for people injured on someone else's property because of poor maintenance.

Many falls involve both. A lawyer and, often, an expert can look at the stairs and sort out which rules apply.

What the Florida Building Code says about stairs

Florida has a statewide building code. The 8th Edition (2023) took effect on December 31, 2023, and the 9th Edition (2026) is scheduled to take effect on December 31, 2026. The rules below are from the 2023 edition, in plain words. There are exceptions, and the rules that apply depend on the type of building and when it was built or altered.

• Step height (commercial and most public buildings)Under the Florida Building Code, Building, section 1011.5.2, risers are generally no more than 7 inches and no less than 4 inches tall, and treads are generally at least 11 inches deep.
• Step height (homes)Under the Florida Building Code, Residential, sections R311.7.5.1 and R311.7.5.2, risers are generally no more than 7 3/4 inches tall and treads at least 10 inches deep.
• Steps must matchIn both codes, within a flight of stairs, the tallest riser generally may not be more than 3/8 inch taller than the shortest, and the deepest tread not more than 3/8 inch deeper than the shallowest (Building section 1011.5.4; Residential R311.7.5.1 and R311.7.5.2).
• Handrail heightHandrails are generally 34 to 38 inches high, measured above the step nosings (Building section 1014.2; Residential R311.7.8.1).
• Guards at drop-offsWhere a walking surface is more than 30 inches above the floor or ground below, guards are generally required: at least 42 inches high under the Building code (section 1015.3) and at least 36 inches under the Residential code (R312.1.2).

The code also has rules on handrails that people can actually grasp, handrails on both sides of many stairs, openings in guards, ramps, landings, doors at stairs and stairway lighting. Whether a specific stair broke a specific rule is a technical question, usually answered by a qualified expert who measures the stairs.

Code problems that commonly cause falls

• Uneven risersOne step taller or shorter than the others, often the first or last step, or a step changed during a remodel.
• Shallow or uneven treadsSteps too narrow for the foot to land safely.
• Missing handrailsNo rail at all, or a rail on only one side where the code calls for more.
• Handrails at the wrong height or hard to gripRails too low or too high, or decorative rails too wide to grab in a fall.
• Low guards and wide openingsBalcony and landing railings too short, or with gaps a child could slip through.
• A single unexpected stepOne step or level change that blends into the floor around it.
• Steep ramps without railsRamps built steeper than allowed or without handrails.
• Poor stairway lightingStairs too dark to see the edges of the steps.
• Slippery stair surfacesPolished tile or smooth surfaces on outdoor stairs that get wet in Florida rain.
• Doors that swing over stepsA door that opens right onto a step with no landing.

Is a building code violation negligence in Florida?

Generally, a building code violation is evidence of negligence in Florida, but it is not automatic proof. Florida courts have said that violating a building code is evidence a jury can consider, not "negligence per se." Examples include Grand Union Co. v. Rocker (Fla. 3d DCA 1984), which involved the South Florida Building Code, and Lindsey v. Bill Arflin Bonding Agency (Fla. 1st DCA 1994), where a missing handrail was a question for the jury.

In practice, that means you still have to show the violation helped cause the fall, and the owner can argue other reasons for it. But a measured, documented code violation can be strong evidence.

Florida also has a specific statute, section 553.84, Florida Statutes. It gives a person damaged by a material violation of the Florida Building Code a right to sue the person or party who committed the violation. The statute has a defense for people who got permits, had plans approved and passed inspections, but that defense has conditions, including one about personal injury, and it does not apply if the person knew or should have known about the violation. How it applies is a legal question for your lawyer.

What about older buildings?

Many South Florida buildings are decades old. Building codes change over time, and an older building generally is not required to rebuild every stair each time the code changes. The question is often what code applied when the stairs were built or last altered, and whether a later renovation had to meet newer rules.

Even when a stair was legal when it was built, the owner still generally has a duty to keep the property reasonably safe and to warn about hidden dangers. An older stair that is dangerous today can still lead to a claim under general premises liability rules. Older condominium and cooperative buildings three or more stories tall must also have periodic milestone structural inspections under section 553.899, Florida Statutes, and those reports can matter in a stairwell or balcony case.

Who may be responsible for stairs that were not built to code?

• The property ownerThe owner generally must keep the property reasonably safe, including its stairs.
• A landlordSection 83.51, Florida Statutes, generally requires residential landlords to comply with applicable building, housing and health codes.
• A condo or homeowners associationFor stairs, walkways and balconies in common areas. See our condominium disputes page.
• A builder, contractor or designerUnder section 553.84, the person who committed a material code violation may be responsible.
• A business tenantA store, restaurant or office that controls the area where you fell.

More than one of them may share responsibility. Your own share of fault also matters: under section 768.81, Florida Statutes, if you are found more than 50% at fault for your own injuries, you generally cannot recover damages, and if you are 50% or less at fault, your recovery is generally reduced by your share.

What to photograph and measure after you fell down stairs

1. Get medical help first. Head, neck, hip and back injuries can be serious even if you feel fine.
2. Photograph the whole stairway. From the top, the bottom and the side, so the step heights can be compared.
3. Measure if you can. With a tape measure in the photo, measure the height of each step and the depth of each tread, especially the step where you fell, and the height of the handrail. A friend or family member can help.
4. Note the lighting and conditions. Burned-out bulbs, wet steps, loose carpet or anything on the stairs.
5. Report the fall in writing. Ask for an incident report and keep a copy.
6. Get witness contacts and note any cameras.
7. Do not let anyone change the stairs before they are documented. A lawyer can send a preservation letter and arrange an expert inspection.

For more steps after any fall, see what to do after a slip and fall in Florida and our guide to falls in restaurants and bars, including bad stairs and poor lighting.

How long do you have to file a claim after a fall on stairs?

For most negligence claims, the time to file a lawsuit in Florida is generally two years from the date of the injury, under section 95.11, Florida Statutes. Some claims have different rules, such as wrongful death claims and claims against government agencies, which also require advance written notice, and claims against builders can involve other time limits. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

If you lost a loved one, see our wrongful death page. To talk about your case, see our premises liability lawyer page.

Tomas Robirosa helps people who fell down stairs, were hurt by poor maintenance or were injured in crashes across Miami-Dade, Broward and Palm Beach, and throughout Florida. Consultations are free, and there is no fee unless we recover for you. Se habla español.

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