Copyright © 2022 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
A person does not usually slip and fall while on public or private property for no reason. Often, a slip and fall occurs when the property owner does not communicate to visitors that there is an existing dangerous condition on the property.
Whether you slipped on a liquid spill left on the floor or tripped over a pothole with no signage warning of its location, a dedicated personal injury attorney could help you determine if you have grounds for a lawsuit. If you have injuries from a slip and fall accident, a Fremont slip and fall lawyer is available to go over the details of your case with you and discuss your best options for recovery of damages.
Because a slip and fall can occur just about anywhere, there are different levels of care that property owners may owe to visitors at different times. In a nutshell, a property owner’s duty of care is the expectation that they would act as a reasonably prudent person would in a similar situation to prevent harm coming to others.
A plaintiff must prove that the landowner owed them a duty of care to file a slip and fall claim based on negligence in the state of Ohio. A successful negligence claim must also establish that the defendant breached their duty of care in a manner that caused injury, as well as that the plaintiff’s injuries resulted in compensable damages. A qualified Fremont slip and fall lawyer could help with establishing any or all aspects of legal negligence.
Under Ohio state law, there are three categories within which a visitor may fall while on someone else’s premises. Each of these classifications establishes a different duty of care for the landowner whose property the person in question is visiting.
An invitee is someone who has express or implied permission to be on the premises for a business purpose. This business purpose may benefit either the landowner only or both parties. Landowners owe invitees the highest duty of care, requiring them to keep the property in a reasonably safe condition and repair known dangers. If the landowner has not remedied a dangerous condition, they must warn invitees of its presence, even if it is open and obvious.
A licensee has permission to be on a landowner’s property for non-business purposes. Landowners in Fremont do not have to maintain their property for the benefit of a licensee. However, they still must reasonably warn licensees of any dangers on the property, either open and obvious or concealed.
A trespasser is someone who enters a landowner’s property unlawfully and for their own use and convenience. Landowners do not owe a duty of care to trespassers and do not have to warn them of any known dangerous conditions or defects on the property. However, landowners must refrain from willful, wanton, or reckless conduct that may cause injury or wrongful death to the trespasser under Ohio Revised Code §2305.402.
Damages in a slip and fall case are meant to get the plaintiff as close as possible to the same condition they were in prior to their accident. In Fremont, a plaintiff can claim both economic and non-economic damages.
Economic damages include medical expenses, lost wages, damaged property, or rehabilitation—in other words, quantifiable costs associated with the plaintiff’s injuries. Non-economic damages, however, are more ambiguous and can be difficult to quantify. They can include pain and suffering, loss of enjoyment of life, and loss of companionship.
The court can also award punitive damages if they determine that the defendant’s behavior was particularly egregious and reckless. These damages are meant to serve as an example to others who might have the same careless disregard for the safety of others. For more information, get in contact with a Fremont slip and fall lawyer today.
Many people believe that after a slip and fall accident, they can return to their lives as if nothing happened. However, they may soon learn that their injuries will not go away with an ice pack and ibuprofen.
Reach out to a Fremont slip and fall lawyer to discuss how they could help you get compensation for regular physical therapy, prescriptions, and doctor visits for your pain and suffering. You should be able to get back to enjoying your life rather sooner than later after an accident you did not cause, so call today to get started on your case.
Charles E. Boyk Law Offices, LLC