Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
A trip or fall could lead to severe injuries with long-term consequences, yet many people still do not think of a slipping accident as justification for civil litigation. If you slipped and fell due to hazardous conditions on someone else’s property, you could have valid grounds for a case.
Filing suit in civil court can be a complicated endeavor, so getting assistance from a qualified personal injury attorney could be key to achieving a successful outcome in your case. A Defiance slip and fall lawyer can guide you through every step of your suit, whether it ends with a private settlement or a date in civil court.
Since slip and fall cases are typically within the purview of premises liability law, most civil lawsuits for these injuries are based on the concept of legal negligence. To find someone else negligent, and therefore liable for their injury, a plaintiff must prove that the defendant owed them a duty of care while on their property. If the property owner is found to have violated that duty in a way that directly caused an accident, the plaintiff can seek fair recovery from the defendant.
A variety of dangerous conditions could cause someone to slip or trip and injure themselves, from broken stairs and frayed carpeting to spilled liquids and unaddressed patches of ice. If a hazardous condition was not present until just before someone was injured, it could be more challenging to prove that a property owner reasonably should have been aware of it.
Conversely, hazards present for a long time, or ones which were apparent in highly trafficked areas, could make for a much stronger case. A Defiance slip and fall attorney can help an injured party customize their legal strategy around the circumstances of their individual case.
Injuries related to slip-and-fall accidents could have many negative effects, not all of which are financial in nature. In addition to medical bills and lost wages, a slip and fall victim may experience significant emotional anguish, physical pain, and losses of personal and professional opportunities, all of which could be factored into a civil settlement demand.
However, defendants in these cases will most likely fight to minimize the amount of compensation the plaintiff is eligible to receive, and under state law there are several methods available for them to do so. For example, Ohio Revised Code §2315.33 allows a civil court to reduce the damages a plaintiff is eligible to receive if they are partially responsible for causing their own injuries or even to bar them from recovery entirely if they bear more than 50 percent of the total fault.
Likewise, if a plaintiff waits more than two years after their accident to file suit, a defendant could get the case dismissed for failure to abide by the statute of limitations outlined in ORC §2305.10. Help from a skilled lawyer could be crucial to avoiding these and other mistakes while filing suit for a premises liability claim in Defiance.
You may want to blame yourself for tripping over something when you were not paying attention, but in many cases, civil liability falls to property owners to prevent such hazards from being present in the first place. If your incident led to serious injuries, it could be important to consider taking legal action.
Talking to a Defiance slip and fall lawyer can provide clarity about your legal options following an unfortunate situation. To schedule a consultation about your potential case, call today.
Charles E. Boyk Law Offices, LLC