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Slip and Fall: Accidents and Liability

The Ohio law of premise liability is based on common law negligence, and slip and fall accidents generally fall into this category.

slip-and-fall-accidents-200x300.jpgIf a person slips and falls on another's property and suffers a personal injury because of negligence, hazardous or dangerous conditions that the property owner caused, (remodeling or construction work could account for this,) or should have been aware of the danger and had it removed or repaired and did not, you need to contact an experienced attorney in premise liability law to handle your case.

Owner Negligence

There are many ways you may have been injured in a slip and fall accident because of the owner's negligence.

Indoors there may have been torn carpets, uneven flooring, inadequate handrails on stairways that are not up to code or loose, narrow stairs, poor lighting or wet floors. There may have been obstacles on the floors or walkways that should have been removed prior to general public admission to the area. Regardless, the property owner has a "duty of care" to keep the premises safe and can be found negligent if they do not do so.

If you are injured outside, many causes are potholes, broken or uneven pavement, slippery tile or uneven steps. Weather can also be the cause of your accident; rain and snow can cause adverse conditions contributing to your slip and fall. Did the property owner take reasonable precautions such as shoveling off the snow, salting the walkway or installing anti slip devices on steps? Did they take reasonable care to reduce the danger?

Your Attorney

Your attorney will need to bring all his experience, resources and experts to win this case for you. Under Ohio statutes, if negligence by multiple parties is responsible for your accident, (this could be, but is not limited to-the property owner, the person renting the premises, an irresponsible employee or the maintenance crew,) then each party could be held liable for a portion of the damages.

Ohio's comparative negligence law also allows for your damages to be reduced if you are found to be partly responsible for your accident, and if they can prove you were more careless than the other party, you can claim no damages at all.

Opposition

The opposing party is going to go all out to discredit your claim and prove you were at fault for your own unfortunate accident and that is why you need an experienced Ohio attorney to adequately represent you.

Some of their defenses will be that they did not know about the danger and thus could not have prevented it or they just found out about it and hadn't had time to correct it. They can claim that the danger was obvious to a reasonably intelligent person and that you could have and should have avoided it. Your attorney will show that the property owner had a duty of care to ensure your safety on their property, they did not fulfill this obligation and this negligence caused your injury and provide proof of the injuries you received to win you the compensation you have coming to you.

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