Copyright © 2021 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Slip and fall accidents are very common throughout the country, and West Unity is no exception. A slip and fall accident can happen anywhere, from grocery stores and restaurants to malls and office buildings. Unfortunately, these accidents have the potential to significantly impact your quality of life. If you suffered an injury in this type of accident due to another’s negligence, you may be able to recover compensation for your damages. A professional West Unity slip and fall lawyer may be able to help you by fighting for the compensation you deserve. Read on to learn more about how a compassionate injury attorney could offer you their assistance today.
In West Unity, most slip and fall accidents will come under a negligence lawsuit. In a negligence lawsuit, the individual injured in a slip and fall accident (known as the plaintiff) must prove several factors in court with the help of an experienced West Unity slip and fall lawyer. First, they will need to prove that the party responsible for the damages owed the injured plaintiff a duty of care. In a slip and fall accident, this is typically the property owner or the individual responsible for the property’s upkeep. A property owner will usually owe someone a duty of care if they invited the plaintiff onto the property either expressly or through implied consent.
Second, the plaintiff of a slip and fall accident must show that the property owner breached this duty of care. This usually means there was a dangerous condition on the property (such as a wet floor, an icy sidewalk, or a hidden pothole) and the property owner either knew about the dangerous condition or should have known about it and did nothing to fix it. Third, they will need to prove the breach of this duty of care caused the slip and fall accident. To put it simply, someone cannot point to another spill or another icy sidewalk and claim damages. The damages in a slip and fall accident must be the immediate result of the negligent action of the property owner. A dedicated injury attorney can be a valuable asset in this regard by collecting evidence to show the negligence of the party at fault.
If a slip and fall accident plaintiff proves all these elements of a negligence claim in court, they may recover compensation for the damages resulting from their accident. If more than one individual is responsible for the property or the damages, then West Unity’s comparative negligence law will apply.
Under Section 2307.23 of the Ohio Code, if more than one individual is responsible for the damages in a slip and fall accident, including the plaintiff, the jury should assign a percentage of fault to each party. Then, each party responsible for the slip and fall will be liable for the number of damages proportionate to their responsibility.
Under Section 2305.10 of the Ohio Code, an individual injured in a slip and fall has two years from the date of the accident to bring a personal injury lawsuit against the individual or business who recklessly caused their injury. As one of the shortest statutes of limitations in the United States, it is important for anyone who suffered an injury in this kind of accident to contact a West Unity slip and fall accident lawyer as soon as possible.
A professional attorney can answer any questions you may have about your specific case and may be able to provide you with your legal options moving forward. They could then represent you in a claim to help you recover the maximum compensation for your circumstances. Consider scheduling your consultation with a qualified West Unity slip and fall lawyer today.
Charles E. Boyk Law Offices, LLC