Personal Injury Claims Among Friends & Family: A Delicate Situation
Posted in: Ohio Personal Injury
KNR Legal Blog
A slip and fall accident can happen any time of year and result in very serious injuries.
If you tried to catch yourself, you may be dealing with a broken arm or shattered wrist. Falling on your side or back can break your hip or tailbone. These injuries can lead to significant medical expenses and time off work. As a result, you’ll owe medical providers money while earning less.
But, you may be able to recover compensation if another party is responsible for the fall.
If you slipped in a parking lot, there are a number of questions to ask about who is to blame and whether you can be compensated, This includes what led to your slip and whether you were working at the time.
To learn more about discovering who is liable for your slip and fall accident, contact the personal injury attorneys of Kisling, Nestico & Redick at 1-800-HURT-NOW. Initial consultations are free and there no up-front costs. We only get paid when you recover compensation.
After a slip and fall, the first thing your attorney will look into is who was responsible for the condition of the parking lot. Was the parking lot public property, maintained by the county or city? Or was the lot owned, managed, and maintained by a private individual or business?
Generally, the liable party is the one responsible for maintaining the parking lot. A majority of parking lots are privately owned. This means dealing with a business and its insurance provider.
Why you fell is also relevant. For example, if you slipped due to clumsiness or ill-fitting footwear, you may be fully or partially at fault for your injuries. Therefore, you can’t hold anyone else accountable. However, you are more likely to slip because of a hazard in the parking lot.
Common property hazards include:
If a hazard in the parking lot led to your slip and fall, your attorney will look into whether the individual or business responsible for the parking lot should have known about the condition and if they had a duty to repair the problem.
Once your lawyer identifies the one responsible for the parking lot and what led to your slip and fall, he or she will determine whether they had a duty to correct the issue.
Under Ohio premise liability law, owners or occupiers owe lawful guests and clients the duty of reasonable care regarding the state of the premises. This means keeping the premises safe and well-maintained for you and other users.
Whether or not a parking lot owner owed you a duty of care and whether it breached that duty are major legal questions. Your slip and fall claim may rest on the answers. An experienced Ohio slip and fall lawyer can help you prove to an insurer or court that the owner did not uphold its duty toward you. Therefore, it should be held responsible for your injuries.
Ohio follows a modified comparative negligence standard. Essentially, this means that you may only recover damages if you are less than 50 percent at fault. If you are 50 percent or more responsible for your slip and fall, the owner of the lot will not be required to compensate you for any of your injuries.
However, if you are 49% or less responsible, your recovery will be reduced by your degree of fault. For example, if you are 10% responsible, your compensation will be reduced by 10%. You will only recover 100 % of your damages if you are in no way to blame.
Your attorney will handle the situation differently if you were working at the time of your accident.
When you are injured at work or while performing job duties, your recovery will come through Ohio’s workers’ compensation system. You must notify your employer of your injury right away and file a claim with your employer’s workers’ compensation insurance.
This insurance should cover your medical expenses and a portion of your lost wages. Unless you are part of a rare exception, you cannot sue your employer. However, if a third party was responsible for your injuries while at work, you may be able to bring a claim against that individual or business.
Pursuing damages for an injury from a slip and fall can become complicated fast. A slip and fall can lead to many legal questions and blame is passed around quickly. It’s best to get answers and know what to expect.
A capable Ohio slip and fall lawyer will help you recover quickly through an insurance settlement or workers’ compensation. However, if that is not likely, the Ohio injury lawyers of Kisling, Nestico & Redick will aggressively fight for you in court.
Call KNR today at 1-800-HURT-NOW or contact us online to schedule a free, no-risk consultation.