Premises liability comes into play when someone gets injured on another person's property. Residential and commercial property owners have the legal responsibility to ensure safe condition. This is important to avoid an injury within the premises.
If you have suffered a personal injury on someone else's property, you can file a premises liability claim. The claim should seek compensation for financial loss and physical and emotional pain suffered due to the injury.
In this post, you will learn about how to file a personal liability claim to seek compensation for the damages.
1. Know Whether You Have a Case
Consider calling a personal injury attorney to find out if there is a valid case against the property owner. Some of the factors that can help you in assessing whether the property owner is guilty of neglect include the following.
· Did the obstacle or dangerous condition exist for a sufficient time for the property owner to take action to eliminate the hazard?
· Did you take proper precautions to avoid any injury while at the premises?
· Did the owner of the property have the policy to check and remove potential hazards? Did the owner keep a log for this purpose?
· Did the owner put a warning signage in the area?
· Was there poor lighting that could have reduced visibility and contributed to slip and fall?
Premises liability cases can occur due to many factors. This could include an uneven or slippery surface or any other dangerous condition. You should consider the above questions in order to determine whether you should pursue a slip and fall case.
2. Report the Accident
You should report the incident to the property owner right after the accident. Consider providing an accident report that offers a detailed description regarding the accident. Reporting the incident will serve as a written proof of the accident. It will increase the chances of getting compensation for your injuries.
If you don't have the time to file an accident report, you should at the least notify the owner of the property or the person responsible for the maintenance of the premises about the accident.
3. Take Photos of the Accident Scene
Taking photos is recommended of the place where the accident had occurred. You can use your smartphone to take a photo of the scene. You should also take photos of the site of the injury.
The photos can be used as an evidence in the court. They can corroborate your story and help in convincing the court to give a verdict in your favor.
4. Get Immediate Medical Attention
You should get medical attention right after the accident. This is important to avoid giving any reason for objection by the defense attorney. It will also help the jury understand the exact nature of the injuries. The doctor's report is the single most important evidence in a premises liability case.
5. Know about Comparative Fault
Keep in mind that most states including Ohio follow comparative fault in slip and fall injury cases. This means that if you are partly responsible for the injury, the recovery amount can be reduced. The exact amount by which the recovery amount will be reduced depends on the percentage of fault.
For instance, suppose that the injured person is 20 percent responsible for a slip and fall accident. In this case, the property owner is 80 percent responsible for the injury. In case the settlement amount is $200,000, the injured person will receive $160,000 (80 percent of $200,000).
6. File the Case in a Timely Manner
You need to file a personal injury case within a specific time limit. The time limit in the legal context is known as a 'Statute of Limitation'. This statute puts a limit regarding how long an injured person can wait before filing a premises liability case.
The statute of limitation in Ohio is specified in Oh. Rev. Code § 2305.10(A). The statute has prescribed a 2 years' time-limit for all personal injury cases, including premises liability cases. In case you do not file a case within this time period, you won't be able to receive compensation for the injuries.
Know that the date starts from the day of the accident. However, in some cases, the injury does not become evident at the time of the accident. In such a case, the date starts when the person comes to know about the injury sustained in a slip and fall accident.
7. Injuries Sustained at the Job
Slip and fall injuries that occur while on the job is covered as per the Workers Compensation law. The employer is required to pay for out-of-pocket expenses, medical bills, and some lost wages through worker compensation. For such cases, you need not file a premises liability case against the employer.
However, the employer can deny an application for the worker compensation. A personal injury attorney will guide you in the right direction in getting compensation in this case.
The premises liability rests on the owner of the property where the injury had occurred. But you should be able to show that the accident could have been prevented and the property owner had acted negligently.
Contacting a personal injury attorney is important for filing a premises liability case involving slip and fall. A professional personal injury lawyer will make sure that your rights are protected and that you receive an adequate compensation for your injuries.
At Christopher Jackson Law, we have a team of experienced and professional legal specialists. If you reside in Ohio, you can contact us today for an initial consultation regarding your premises liability case involving slip and fall injuries. We can walk you through the steps required in making a claim for slip and fall injuries.