When Injured Tenants Can Sue Their Landlord
Posted in: Premises Liability
When most people think of a slip-and-fall accident, they don’t usually consider the potential injuries they could face, ones that are (in many cases) easily preventable and could lead to serious medical issues and mounting medical bills.
If you are the victim of a fall in Toledo because a property wasn’t kept safe, you should consult the slip-and-fall lawyers at Kisling, Nestico & Redick as soon as possible. We focus on making an insurance claim or lawsuit after a fall as convenient and pain-free as possible while seeking the maximum compensation you deserve. We offer 100% free consults, charge nothing up front, and always pursue max compensation.
Contact KNR at (419) 324-8205 today.
In Ohio, slips and falls are common forms of injury. They account for almost 26% of the reported injuries within the state, especially for Americans over the age of 65.
In Lucas County, and the rest of Ohio, many slips and falls happen because of:
Many slip and fall claims and other premises-related accidents frequently occur at:
Slip-and-fall injuries can range in severity from simple bumps and bruises to life-altering injuries. From slips in supermarkets, falls in parking lots, or tripping on a broken sidewalk, the most commonly reported injuries from falls include:
Some fall-related injuries might not be problematic at first but can become more serious over time. This can lead to compounding medical bills after your accident that can bury you if not properly addressed and handled.
Other accidents, like car accidents, have well-known and documented courses of action that all parties are expected to take. But slip-and-fall accidents are not given as much attention.
Follow these steps if you find yourself injured because a property or business wasn’t kept safe:
Assess yourself to see if there are visible damages, like scratches, abrasions, breaks, etc. Then, check to see if any pains emanate from inside your body, as they can be signs of internal injuries. Take mental notes of everything and document them as soon as possible.
Ask people around you for their contact information if you file a slip-and-fall claim/lawsuit later. They will be able to corroborate your story and provide testimony that your accident happened due to someone else’s actions (or lack thereof).
If you are seriously hurt, call for medical aid as soon as possible. This includes paramedics, police, and/or fire if you’re injured in an area with high traffic that needs to be cordoned off while people attend to you. The police will also be able to file a report on your behalf that you can use later in your claim/lawsuit.
This will allow you to contact them to get their insurance info so you can begin a claim. You can find this information through county records or contact the building directly and speak to their legal team.
You should not bear the financial burden for the various losses and harm done through no fault of your own. Whether you slipped because an employee failed to clean up a spill, fell down the stairs because the railing wasn’t secured, or tripped on an obvious hazard, when you file an insurance claim after a slip and fall accident, you need to be prepared to prove liability and negligence.
This means collecting evidence, filing court documents, moving through the discovery phase, negotiating with those involved, and sometimes presenting your case at trial. And while resolving slip and fall cases in court is rare, the evidence should be compelling. It must leave a little doubt that the defendant is at fault.
Just because you were injured in a fall does not necessarily mean the property owner was negligent. To succeed in a slip and fall claim, you must show that the property owner or manager knew or reasonably should have known about the hazard in question but failed to act. You also must demonstrate that you were authorized to be on the property and not trespassing.
To establish that negligence caused your slip and fall and subsequent injuries, you must establish:
You may also be able to gain compensation for a fall even if you were partially to blame. So, speaking with an experienced attorney before making assumptions or statements about your injuries is crucial.
Recovering compensation after a fall typically involves an insurance settlement or court award, but it should cover all your financial losses (damages). Some recoverable damages you may be entitled to after being injured in a slip and fall through no fault of your own include your:
There is no standard way to calculate the precise value of your case without speaking to a lawyer. An experienced attorney can advise whether an insurance claim or lawsuit is your best option and when to accept a settlement after a fall.
People, companies, and property owners have insurance to protect them. You should have the same level of attention looking out for your interests after a serious fall. Being injured because a property wasn’t kept safe can result in tremendous financial loss.
At KNR, we strive to make the process of getting what you deserve more straightforward because what you’re going through is complex enough. Getting legal help shouldn’t be.
While it seems like property owners and insurance companies should make it easy to pay for the harm you endured, these are profit-driven businesses that want to reduce or deny you full (or any) compensation.
Having an attorney with the experience and knowledge of how the responsibility of others’ safety falls on their shoulders can help you fight back. We’ll use the law and every resource to pursue the maximum compensation you deserve.
In Ohio, the statute of limitationsto file a slip-and-fall insurance claim and/or a lawsuit is two years. This allows you to see if your minor injuries become severe over time. After that window, you cannot try to recover any damages for your injuries and/or properties.
Not wanting to damage your relationship with someone is understandable if you were hurt is a slip and fall while visiting that person’s home. However, you should not sacrifice your physical or financial well-being either. In most cases, these cases are resolved by negotiating with the homeowner’s insurance policy.
Whether you pursue an insurance settlement or lawsuit, the time it takes to resolve a slip and fall claim depends on the circumstances involved. When injuries are well documented, and liability is clear, a slip and fall case may settle quickly. But your case can take much longer when the situation is more complex, and the parties involved don’t agree. You can better understand your case and what to expect by speaking with a lawyer.
If you’ve been hurt from a fall because of someone else’s negligence, you’ll need help from an experienced slip-and-fall attorney in Toledo. At KNR, we’re dedicated to helping injury victims move on after an accident – physically and financially.
Learn more about what legal options may be available when you contact Kisling, Nestico & Redick. Schedule your no-cost, risk-free consultation today. Call our Toledo office at (419) 324-8205 to get started.