When Injured Tenants Can Sue Their Landlord
Posted in: Premises Liability
KNR Legal Blog
When you slip and fall on someone’s property, you may deserve compensation if the accident resulted from the property owner’s negligence. But if a sign on the property warned you of the danger, you may wonder if you can still recover damages.
Once you’ve had a slip and fall, the property owner, insurance adjuster, or lawyer may disclaim liability based on a posted warning sign. This is often to discourage you from pursuing a claim or encourage a quick settlement well below your claim’s actual value.
If you find yourself in this position, you need an experienced Ohio premises liability attorney from Kisling, Nestico & Redick. We will investigate every aspect of your claim, including whether you were sufficiently warned, and advise you honestly.
Premises liability law is complicated, which is why you should let KNR handle the law, so you recover maximum compensation and heal properly. Contact us today at 1-800-HURT-NOW for a free, no-obligation consultation.
Generally, property owners owe a duty of care to those on their property, and if injuries occur, they could be liable. When you slip and fall on someone else’s property, it’s crucial to discover who is at fault so that you can receive the compensation you need.
The highest duty of care is owed to invitees, such as customers, for the owner’s benefit. That duty requires owners to act with reasonable care in maintaining safe premises. It extends to warnings about hazards on the property. If the evidence shows that the property owner breached this standard and your injuries resulted from that, compensation is required.
A lower standard of care is owed to licensees, those on the property for their benefit, and trespassers. In the case of these types, property owners must not willfully, wantonly, or recklessly harm them. Ordinary care is required to avoid harm.
“Reasonable care” includes repairing dangers and providing notice of less-obvious safety issues. As a visitor, you would not know about hidden dangers, so the property owner must inform you to ensure no harm comes to you. One way property owners protect others is through warning signs.
When property owners properly use warning signs, but you get hurt anyway, defenses to your claims could arise. First, the property owner’s insurance company may argue there was no breach of the duty of care because of the warning to you. Second, an “assumption of the risk” argument is likely. You “assumed the risk” of possible harm when you proceeded despite the warning.
Just because a warning sign exists doesn’t mean you have no chance of recovering compensation.
A warning sign must put you on notice of dangers that aren’t readily obvious. The sign must be large enough to be seen, placed in the right location, and understandable. The warning must also be about the possible harm that you suffered. In other words, if the sign says “Danger of Slipping — Wet Floors” but you fall because of a tripping hazard, the warning sign has no bearing on your claim.
When hurt in a slip and fall because of the property owner’s negligence, you deserve compensation for your injuries. This can include economic and non-economic damages, and we’ll fight hard to secure the maximum for your medical expenses, loss of income, disability, disfigurement, and mental anguish.
KNR has decades of experience working with doctors and finance professionals to determine appropriate compensation. Your economic damages, medical expenses, and lost wages are straightforward. But your pain and suffering can be harder to quantify. That’s why you need a team on your side dedicated to making sure you are fairly compensated.
After being hurt in a slip and fall, you might not be sure what to do. You’re trying to recover and perhaps have already been called by the property owner or an insurance adjuster hoping for a quick resolution. They’ve asserted that a warning sign was there, and now you’re worried because you need help with medical bills and have lost income. KNR can help.
Call 1-800-HURT-NOW and speak to the experienced Ohio premises liability attorneys at Kisling, Nestico & Redick as soon as possible to learn about your options. You don’t pay us unless we recover compensation.