Charles E. Boyk Law Offices, LLC
Slips and falls are among the most common personal injury cases because it is not uncommon to visit other people’s properties. Therefore, those property owners have a responsibility to ensure that visitors are not injured. If an injury does occur at the fault of the landowner, the injured person has the right to sue for damages. Fostoria slip and fall lawyers can help you understand the legal basis for these lawsuits. To pursue claims against property owners and their insurance companies, contact a qualified personal injury lawyer.
Any slip and fall that happens on another’s property may be the basis for a lawsuit. However, the case revolves around a few key questions such as determining the reason the individual was on the property. This is because all visitors to land are given different protections under the law depending upon their status. Most injuries occur on land that is held open to the public. Whenever someone visits a mall, a movie theatre, or a store, they are invitees on that property.
Property owners who have invitees maintain a legal duty to protect them against any known hazards. This means that all landowners must protect invitees against anything that may cause an injury. This can include spills, broken stairs, or even potholes in parking lots. When a property owner learned of the hazard, and any steps they took to fix it, are key pieces of evidence in all slip and fall cases.
Fostoria slip and fall lawyers may need to examine the exact circumstances behind the accident. The plaintiff’s actions prior to the fall are important because Ohio is a comparative negligence state. This means, if a plaintiff is claiming that the defendant was negligent, the defendant can argue that the plaintiff’s own actions contributed to the injuries. For example, if a plaintiff slips and falls on ice, the defendant may argue that the plaintiff wore inappropriate shoes for the weather, or was running at the time.
As a whole, a plaintiff needs to demonstrate that the landowner was negligent in their care for their property and that this was the cause of their injuries. The plaintiff also needs to file their claim in a timely fashion because there is a strict statute of limitations in Ohio. All allegations of personal injury must be filed in court within two years of the incident.
Slip and fall cases can be difficult to prove because there are often no independent witnesses to the event. In other personal injury cases like car accidents, the police always respond to the scene and create an independent report. Slips and falls often go unobserved. Instead, security cameras, business incident reports, and employees of the business are often the only sources of information. Because of this, there are a few things that individuals can do to help their case.
Taking pictures of the property where the accident occurred as soon as possible is essential. Most smartphones have cameras and photographic evidence of the hazard and the lack of any warning signs can be essential. It can be critical to obtain consistent medical treatment. A major part of any claim is medical documentation. Only with doctors’ notes that indicate that the injuries were caused by the fall can a plaintiff hope to be compensated for their damages.
The consequences of a slip and fall accident can be life-changing. Even in minor incidents, a person may miss time at work and be in severe pain for weeks afterward. The most serious cases can result in paralysis or other permanent injuries. Fostoria slip and fall lawyers understand the impact of these injuries and how the law allows plaintiffs to pursue damages. If you have been injured in a slip and fall accident, consult an attorney that could use their knowledge to achieve the best possible outcome for you.