Possible Slip and Fall Suit

[Bill Graham]

Railing or not?
Okay, I have a slightly obese tenant. Pushing 400lb. Has a hard time getting out of his car and moving around in general. Uses crutches, and has obvious feet problems. (swollen) No judgement here, just stating facts.
Nice enough on the outside, complains more than most.
I get a call from his girl friend last week asking me to hold off on cashing this week's check, because boyfriend is in the hospital having some problems. She has to pay this or that... I agree. They have always paid on time... First time late.
Yesterday, I get a call from my maintenance guy. Tenants told him he fell off the front steps because there is no railing. Maintenance guy wants to know if he should put up a railing? I asked him to count the stairs. (3 steps) I think we are allowed 2 with no railing. But this building just passed an insurance inspection.
So, know one has actually threatened me and I have no legal paperwork.
If I put up a railing now, is that an admission of guilt?
What do you folks think?

Thanks
Bill

[John Chapman]

The general rule (and there are exceptions in certain jurisdictions) is that subsequent remedial measures can't be used against you. I'd be highly skeptical that if you put up the railing now, it would ever be admissible at trial. (Obviously, I have not researched the issue, so please don't hold me to it.) If you've got a safety issue, I would go ahead and fix it so it does not happen again.