One of the most common kinds of accidents that lead to personal injuries is a slip and fall case. People slip on wet floors, ground or stairs or can trip over something that is present on the ground. Things tend to drip or fall on the ground or the floor while others are put there to serve a useful purpose. For example, a drainage grate serves a useful purpose there. Thus, the occupant or the owner of the property cannot be immediately held responsible for the tripping over something or slipping on the floor. Also, the property owner or occupant can also not be held responsible for somebody falling or tripping over something that a common person should expect to be present there and should have avoided.
So, what is then that leads a slip and fall accident fall under a personal injury case? What is the viability of a slip and fall case? Let's find out.
When do Slip and Fall Accidents Actually Lead to Liability?
Each slip and fall case is a different one and there is no precise way to explain when will an occupier or owner of a property can be held legally responsible for something that lead to you tripping or slipping over it. It is always a case of whether or not the owner/occupant acted carefully to ensure that the visitor did not slip and whether or not the person who fell or tripped was careful enough.
If you have suffered injuries in a slip and fall case and are thinking of filing a lawsuit against the other party, here are the things that need to be there for you to be eligible to file a lawsuit.
· The owner/occupant/employee must have caused the spill, torn or broken spot, dangerous or slippery surface or any other thing that led to the slip, trip or fall
· The owner/occupant/employee must have been aware of the dangerous material or the slippery floor underneath and have done nothing to fix it
· The owner/occupant/employee must have known about the dangerous or slippery material was underfoot because any reasonable person would have known about it, repaired or removed it
Liability in most of the slip and fall cases is determined by common sense. The law, in these cases, will determine whether or not the occupier or the owner of the property was careful enough in taking appropriate measures to ensure their property was reasonably safe.
Reasonable Steps - What are They?
As mentioned before, the owner/occupant of the property must take reasonable steps to ensure their property is safe for the visitors. People who visit, live on, or work at a property, often spill or drop things on the floor time to time. Not always do they pick these things after themselves as well. Ground can become broken, slippery, or loose, and floors can become worn, slippery, torn, or cracked. It is the duty of the person responsible for the property to ensure repair and cleanup of the property, keeping the safety of the visitors in mind. However, the law does not require the owner to repair or clean up instantly round the clock.
What the law looks for is a reasonable effort to cleanup and repair the premises as and when required. If you, as the owner of the property, are making thorough and regular efforts to keep the property clean and safe, you are less likely to be held liable for such slip and fall incidences. On the other hand, if you are a negligent owner, you are more likely to be held responsible in such cases. However, most of these cases involve an unclear matter of cleanup or repair. Thus, you can always argue that the owner of the property was not careful enough in ensuring the property was safe. Slipping, falling, or tripping, shows that the owner could have been more reasonable in their efforts to keep the property safe.
Determining if You Have a Case
If you have fallen, tripped, or slipped over something, here are some initial questions to ask which will help you determine if the property owner is liable in the case or not.
· Did you slip or trip over a broken, bulging or torn area of ground, floor, or carpet, or was it a loose or wet area and the dangerous spot had been there long enough for the owner to notice it?
· Did you slip over something that someone had placed on the floor and was there a reasonable reason to put it there?
· Should the object have been removed as the reason it existed there was no longer valid?
· Could the object have been covered, removed, or made safe in any other way?
· Could the object be placed at a safer place or in a safer manner?
· Could a simple warning or a barrier have prevented people from tripping or slipping?
· Did broken or insufficient lighting contribute to the accident and the injury?
If you think you have a viable claim against the owner/occupant of the property for the injuries you have sustained in a slip and fall accident, you can get in touch with our experienced personal injury attorney in Ohio. They will determine whether or not your particular case qualifies for a slip and fall claim and what needs to be done. We also offer free consultation which you can use to discuss your case with one of our seasoned personal injury attorneys in Ohio. We have highly experienced attorneys who can take up your case and ensure that you get the compensation you deserve in these cases. Call us today at 513-861-8000 for free consultation.