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:
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.
Ohio Slip and Fall Laws You Should Know
Two Ohio laws shape almost every slip and fall claim: the deadline to file and the way fault is divided. Understanding both early can protect your case.
How Long You Have to File a Slip and Fall Lawsuit in Ohio
In Ohio, you generally have two years from the date of your injury to file a slip and fall lawsuit (Ohio Revised Code 2305.10). Missing that deadline usually means losing the right to recover anything, no matter how strong your case is. Acting early does more than protect the deadline. Surveillance footage of the fall is often recorded over within days, maintenance and cleaning logs can disappear, and a witness’s memory of what they saw fades quickly. The sooner our attorneys begin investigating, the better the chance of preserving the evidence your claim depends on. You can read more about the Ohio statute of limitations for injury claims.
How Ohio’s Comparative Negligence Rule Affects Your Recovery
Ohio uses modified comparative negligence with a 51 percent bar (Ohio Revised Code 2315.33). You can recover compensation only if you are found 50 percent or less at fault for your own fall, and any award is reduced by your share of the blame. For example, if a jury decides your damages are $100,000 but finds you 20 percent at fault, your recovery drops to $80,000. Property owners and their insurers know this rule well, and they often try to shift blame onto the injured person to cut or eliminate what they have to pay. Our Ohio slip and fall lawyers work to keep an unfair share of fault from being placed on you.
The Open and Obvious Doctrine in Ohio Slip and Fall Cases
Ohio also recognizes the open and obvious doctrine, which can bar recovery when a hazard is so obvious that a reasonable person would have noticed and avoided it. The reasoning is that a property owner has no duty to warn about a danger that is plainly visible. Insurers raise this defense often, but it does not end every case.
Whether a hazard was truly open and obvious depends on the specific facts. Attendant circumstances, such as a crowded aisle or a distracting display, can draw a visitor’s attention away from the floor. Some hazards are not really obvious at all, including black ice, a wet floor with no warning sign, or a poorly lit stairwell. Our attorneys examine exactly what you could reasonably have seen and avoided, and we push back when an owner uses this doctrine to escape responsibility for a hazard they should have fixed.
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. The duty owed depends on the visitor’s status, and there are invitees, licensees, and trespassers.
Slip and falls are one of several premises liability claims our team handles. If your injury involved a property owner’s failure to provide safety, we also represent clients in negligent security claims and swimming pool accident cases.
Duty of Care Owed to Invitees
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.
Duty of Care Owed to Licensees & Trespassers
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.
Because the duty owed turns on visitor status, that status is frequently disputed. An owner may argue you were a licensee rather than an invitee to lower the duty they owed and reduce the value of your claim. Establishing the right status is often a key part of proving liability.
Can You Sue for a Slip and Fall if There Was a Warning Sign?
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
How We Prove Negligence in a Slip and Fall Claim
The hardest element to prove is usually notice: that the owner knew or should have known about the hazard and had a reasonable chance to fix it or warn about it. A puddle that sat for hours points to a different result than one that appeared seconds before the fall. To establish notice and the other elements, our attorneys gather and preserve evidence such as:
- Surveillance and security camera footage of the fall and the surrounding area
- The store or property’s incident report
- Photos of the hazard, the lighting, and the surrounding conditions
- Witness statements from people who saw the fall or the hazard beforehand
- Maintenance, inspection, and cleaning records showing how the hazard was handled
- Your medical records tying the injury to the fall
Much of this evidence is controlled by the property owner and is only available for a short time, which is one more reason to involve a lawyer quickly.
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
- Disability
- Disfigurement
- 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. To learn more about how injury cases are valued, our team can walk you through what goes into a fair figure.
However, for injuries with long-term consequences, our Ohio slip and fall lawyers will have to present 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.
Ohio Slip and Fall FAQs
How long do I have to file a slip and fall lawsuit in Ohio?
In most cases you have two years from the date of your injury to file a slip and fall lawsuit in Ohio, under Ohio Revised Code 2305.10. If you miss that deadline, the court will usually refuse to hear your case, so it is important to speak with a lawyer well before the two years run out.
What if I was partly at fault for my slip and fall?
You can still recover compensation as long as you are 50 percent or less at fault. Ohio follows modified comparative negligence with a 51 percent bar (Ohio Revised Code 2315.33), so if you are found 51 percent or more responsible you recover nothing, and any award is reduced by your share of the fault.
What is the open and obvious doctrine in Ohio?
The open and obvious doctrine means a property owner generally has no duty to warn about a hazard that is so obvious a reasonable person would notice and avoid it. It is not automatic, though. Attendant circumstances that distract you, poor lighting, or a hazard that was not truly visible can all keep the doctrine from barring your claim.
What do I have to prove in a slip and fall claim?
You generally must show that the owner owed you a duty of care, knew or should have known about the hazard, failed to fix it or warn you, and that the hazard caused your injury. Proving the owner had notice of the hazard is often the central issue, which is why preserving evidence early matters so much.
How much does it cost to hire an Ohio slip and fall lawyer?
KNR handles slip and fall cases on a contingency fee basis, so you pay no attorney fees up front. We only get paid if we recover compensation for you. You can request a free case consultation to discuss your options at no cost.
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.
KNR has 12 offices throughout Ohio. Reach out below to get in contact with an attorney in your area:
- Slip & fall cases in Akron, OH
- Slip & fall accidents and injuries in Beachwood, OH
- Slip & fall cases in Canton, OH
- Slip & fall cases in Cincinnati, OH
- Slip & fall cases in Columbus, OH
- Slip & fall cases in Cleveland, OH
- Slip & fall cases in Dayton, OH
- Slip & fall accidents and injuries in Independence, OH
- Slip & fall cases in Toledo, OH
- Slip & fall accidents and injuries in Westlake, OH
- Slip & fall cases in Youngstown, OH
