Let’s start with a few facts courtesy of the National Floor Safety Institute, a non-profit organization dedicated to the prevention of slips, trips, and falls through education, research, and standards development:
With slip and fall accidents—defined as an incident where a person slips or trips and falls, and is injured, on someone else’s property—it can be difficult to prove fault.
In order to successfully sue for damages if such an accident occurs on a commercial property, you must be able to legally prove three things:
If you are the victim of a slip and fall accident on a commercial property, you can potentially sue the property owner or other responsible party, such as a property manager.
Should you be the victim of a slip and fall accident, there are a variety of damages you may be compensated for, including:
In Ohio, the Statute of Limitations for all personal injury claims, which includes slip and fall incidents, is two years. The clock starts ticking on the date your injury happens. If the two-year window expires without you filing suit, you are no longer able to file.
Proving negligence in a slip and fall accident can be complex. In order to successfully sue for damages, you must be able to show a direct link between the safety hazard that caused your injury, and the injury itself.
Negligence is legally defined as “a failure to exercise the degree of care required of a reasonable and prudent person in any given circumstance, resulting in injury or damage to another.”
However, like a majority of states, Ohio operates under a “Comparative Negligence” law. That law allows that the maximum recoverable amount of damages may be reduced by the victim’s own percentage of negligence. In fact, in Ohio, if the victim of the slip and fall is found to be more than 50% at fault, then they can recover no damages at all.
It’s important to know that the Ohio Revised Code sets some limits on the amount of money that can be recovered in personal injury cases:
While personal injury lawsuits are always complex, slip and fall personal injury cases are often even more complicated, and are notoriously hard to prove. Maximize your opportunity for a successful outcome by hiring an attorney with the experience, staff, and resources to guide you every step of the way and recover the largest settlement possible.
If you or a loved one are a victim in a slip and fall accident, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.
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