Slip and fall accidents are common across the United States and can be life threatening, especially for seniors. According to the Center for Disease Control and Prevention (CDC), one in five falls causes a severe injury, including head injuries, broken bones, and spinal cord injuries. Slip and falls can happen anywhere: at homes, supermarkets, footpaths, retail stores, parking lots, and apartment buildings.
Whether or not you get compensated after a slip and fall injury depends on some Ohio laws and legal rules. These two statutes are vital in determining the outcome of your claim.
Statute of Limitations
A statute of limitations provides a time limit in filing for a slip and fall lawsuit. A case filed after the deadline has passed will undoubtedly be dismissed. The opposing party is always alert and quick to point out that aspect of time.
According to Ohio Revised Code section 2305.10, you should file a lawsuit against a property owner accountable for your slip and fall injury within two years. The same applies if your personal belongings were damaged during the incident. You should note that the count begins on the exact date the incident occurred.
When claiming injury caused by slip and fall, you must be prepared to hear the defendant argue that you partly bear some responsibility for the accident.
If the argument is successful, your compensation might be reduced or even taken away completely. If you were partially responsible for the accident, your award would decrease by the percentage of your fault.
What Are The Common Causes of Slip and Fall Cases?
There are many reasons why slip and fall accidents occur. Here are just a few of the most common causes.
1. Wet Or Uneven Floors
Wet and uneven surfaces exceed other causes of slip and fall accidents by far. In America, for example, they account for 55 percent. It is important to note that walking is not hazardous, but if these situations present themselves, they can cause hazards:
- Uneven pavement
- Torn carpeting
- Narrow and poorly constructed staircases
- Loose mats
- Cluttered floors
- Defective sidewalks
- Slippery floors
- Parking lot potholes
All these are common in public places and homes. Property owners should do frequent checks on surfaces to ensure they are safe.
2. Environmental Conditions
These include everything in your surroundings that interrupts safety while walking.
- Poor lighting
- Open drawers
- Cords lying on the floor
- Bright lighting
Although some weather elements are beyond human control, property owners should take proper safety measures whenever possible.
3. Improper Safety Practices
A good number of slips and falls happen in workplaces. In most cases, it is due to improper training on best safety practices. According to the Center for Disease Control and Prevention fact sheet on easy ways to avoid slip and falls at the workplace, training is the crucial element. Industries should train workers on the use of the tools and equipment for their safety.
Slip and Fall Premises Liability
Premise liability is an element of the law that holds property owners accountable for accidents that occur on their premises because of their negligence.
Determining liability is always a crucial part of the slip and fall case. If the investigation proves that the property owner is responsible for your injuries, then the law holds them liable. Property owners must ensure their premises are safe and well-maintained.
If you were wounded in a residential location, the homeowner or their insurance should pay, and if it’s in a mall or business establishment, you can sue the business. A worker’s compensation claim often covers injury liability for workplace accidents.
You should hire a slip and fall lawyer when you establish that your accident resulted from the property owners’ fault to pursue compensation.
What You Should Do After Slips, Trips, and Falls
It is essential to note that you have a legal right to file a case when you sustain an injury due to slips, trips, and falls. You should promptly take the following steps:
- Get medical treatment
- Report the accident
- Take photos of the injury and, if possible, the site of the accident
- Record witness information
- Contact an attorney
Hire a Slip and Fall Lawyer in Ohio Today
After suffering an injury in a slip and fall, it is crucial to speak with a professional slip and fall attorney as soon as possible. It’s challenging to know and prove the property owner’s negligence without the help of an experienced and skilled lawyer.
Our slip and fall lawyers will thoroughly investigate your accident and help determine if you have a case.
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