Legal Options if You Slip & Fall On Another Person’s Property
When you are a guest on someone else’s property – whether it’s their home, business, land, or other type of premises – you expect that you’ll be safe. You expect their property will be in a reasonable state of repair or that they’ll warn you if there’s some danger. If you’ve been hurt on another’s property due to a slip and fall, you could file a premises liability suit.
If you slipped and fell on someone else’s property, you should talk with a lawyer as soon as you can. Slip and falls are one of the most common types of premises liability claims. Premises liability is the area of law that determines when property owners, or the parties responsible for the property, are responsible for injuries suffered by others on their land.
In some circumstances, property owners may be liable for your economic and non-economic damages, if you were injured on their land or in a building. However, this is not automatic. There are a variety of situations in which property owners or the property managers are not responsible if you get hurt on their premises. The only way to know is to work with our experienced Ohio slip and fall lawyers.
If you or a loved one slipped and fell on another person, business, or municipality’s property, please do not hesitate to call the Ohio premises liability attorneys from Kisling, Nestico & Redick at 1-800-HURT-NOW right away. We will carefully review your circumstances and advise you on the next best steps. You can also reach us online to schedule a free initial consultation.
Slip and Fall Accidents Are Common and Dangerous
Slip and falls are a serious issue across the United States – especially for adults 65 years and older. For seniors, one in four falls causes a serious injury, which can include broken bones and head injuries, according to the U.S. Centers for Disease Control and Prevention (CDC). Every year, more than 3 million seniors receive treatment in emergency room for fall injuries, and more than 800,000 seniors are hospitalized because of a fall. What is most frightening is that senior deaths related to falls have increased over the years. Between 2007 and 2016, the fall death rate for older adults rose 30 percent.
Falls are not only dangerous for the elderly. They are also the leading cause of non-fatal injuries for minors, according to the CDC. Every year, about 2.8 million children are receive treatment in ERs for fall-related injuries. These falls can happen at home, on the playground, and at businesses around town.
Slip and falls are clearly common. They do not all lead to serious injuries or legal claims. However, if you believe your or your loved one’s fall was due to another person’s negligence, then you should speak with our Ohio slip and fall lawyers as soon as possible. We will investigate the incident to determine what happened, why, and who was at fault.
Common Causes of Slip and Falls in Ohio
Slip and falls happen for many different reasons. Our attorneys have handled cases that arose from:
- Spilled food and liquids
- Pooled water or liquids
- Recently mopped or waxed floors
- Loose carpet
- Loose floorboards
- Rugs and mats without non-slip backing
- Uneven surfaces
- Poorly lit areas
- Poorly maintained stairs, decks, and balconies
- Loose handrails or no handrails
- Cracks and holes in pavement or sidewalks
You may know why you slipped and fell, or you may not. In either situation, you are going to need to obtain evidence of what happened. Evidence is what enables you to prove a property owner is liable for your injuries. Without evidence, it will be very difficult to obtain compensation, even if someone else was at fault. Our Ohio slip and fall lawyers are highly experienced in investigating slip and fall accidents and obtaining evidence.
Slip and Fall Injuries
After a slip and fall, some people are lucky to walk away without injuries. On the other hand, they merely need to recover from some scrapes and bruises. However, slip and falls often cause serious injuries. Because of a fall on someone else’s property, you may be suffering from:
- Broken bones
- Joint dislocations
- Muscle, tendon, and ligament sprains and strains
- Concussions or more serious traumatic brain injuries (TBI)
- Neck and back injuries
- Spinal cord injuries
Whatever type of injury you suffered in a slip and fall, you should contact our Ohio slip and fall lawyers for help. When another person’s carelessness or recklessness caused you harm, you have the right to hold that person responsible. You also have the right to pursue compensation for these injuries and the impact they have had on your life.
What to Do After a Slip and Fall Injury
A slip and fall accident is unexpected. You do not anticipate going to the park or a store and falling. That often means that after a slip and fall, you do not know what to do. You are not sure of how to prepare for a claim. Our attorneys recommend that you do the following:
- Obtain medical care as soon as possible and follow your physicians’ instructions.
- Know the name and location of the property.
- Obtain the names of the property owners, and if relevant, the property managers.
- Take down the names and contact information of witnesses to your accident.
- Take photos and video of the scene and your injuries.
- Put away and save the clothing and footwear that you were wearing at the time of the fall.
- Avoid making any statements to a business or insurance company.
- Call the Ohio slip and fall lawyers at Kisling, Nestico & Redick as soon as possible.
Responsibility in Slip and Fall Accidents
If you slipped and fell on someone else’s property, and you think your fall was due to a dangerous condition, contact us right away. It can be difficult to figure out why you fell and if the property owner is responsible without going through an independent investigation. The other party’s insurer may investigate, but this is not for your benefit. That investigation is meant to find evidence that protects the property owner and insurer.
Our lawyers will thoroughly investigate your slip and fall incident. We will determine what condition caused the fall and your injuries as well as your status on the property. Ohio’s premises liability law dictates that property owners hold different duties of care to different types of people on their land. There are invitees, licensees, and trespassers.
Property owners hold the highest duty of care to invitees, who are customers or clients who are on the property with explicit or implicit permission for the property owner’s benefit. The customers and clients are there for a business reason. Property owners owe invitees a duty to act with reasonable care in maintaining safe premises. They also owe invitees a duty to warn about dangerous hazards on the property.
Property owners owe a much lower duty of care to licensees and trespassers. Licensees are on the property with permission for their own benefit. Trespassers are on the property without permission. For both of these types of visitors, property owners owe them the duty to refrain from willfully, wantonly, or recklessly harming them. If the property owners know licensees or trespassers are on the land, they need to use ordinary care in avoiding harming them.
What You Need to Prove in a Slip and Fall Claim
If our Ohio slip and fall lawyers uncover evidence that the property owner is liable to you, then we may recommend pursuing compensation through a premises liability lawsuit or insurance claim. We will fight to prove:
- The property owner owed you a duty of care
- The property owner was aware or should have been aware of a hazard
- The property owner failed to remedy or warn about the hazard
- You were injured due to the hazard
Slip and Fall Compensation
Through a lawsuit or insurance claim, we will strive for you to receive the maximum compensation possible for your:
- Medical expenses
- Loss of income
- Pain and suffering
- Mental anguish
- Loss of consortium
One of the benefits of working with an experienced attorney is knowing your damages will be properly calculated. At Kisling, Nestico & Redick, we will work with you, your physicians, and economic professionals to calculate the value of your injuries. Your economic damages, such as your medical bills and lost wages, are relatively easy to quantify.
It is tougher to determine an appropriate value for non-economic damages, such as your physical pain and emotional distress. When your physicians treat you, you receive a bill, and that can be used in settlement negotiations. However, for injuries with long-term consequences, our Ohio slip and fall lawyers will have to prevent further evidence that your harm has had a significant impact on your life, and that you deserve to be compensated fairly.
We also will research similar cases and injuries. This will give us a comprehensive picture of what other injured individuals have recovered under similar circumstances.
Call Our Ohio Slip and Fall Lawyers Today
After suffering an injury in a slip and fall, it is important to speak with an experienced premises liability attorney at Kisling, Nestico & Redick as soon as possible. The property owner may be responsible for the accident and liable for compensating you. However, it can be challenging to know and prove the property owner’s negligence without the help of an experienced and skilled lawyer.
To learn more about your rights and options, contact us today at 1-800-HURT-NOW to schedule a free, initial evaluation of your case.