Slip and Fall Accidents
Whether it is summer or winter, regardless of the weather conditions, a person can slip and fall any time of the year. This can be a major concern for any property owner because they do not want to be responsible for somebody getting hurt on their property, but also because they don’t want to worry about being sued by an injured person. Similarly, this can be a major concern for a potential victim because the last thing they want to do is be injured due to negligent property upkeep or a reckless property owner. It does not matter which side of the fence a person is on when a slip and fall accident occurs; neither party wants to be in that situation.
This page is designed to help you better understand the basics of slip and fall accidents, including what a person should know if they are the party responsible for the slip and fall accident, or if they are the victim of a slip and fall accident. This page also details how an attorney may be able to help an individual who may have been involved in a slip and fall accident or those who are just looking for more information about the subject.
Note: Just as with any other legal situation, if a person finds themselves in a situation where they have slipped and fell, that individual should not hesitate to contact an attorney. This page details the specifics regarding slip and fall accidents in the state of Ohio, which can vary from state to state. This article and its contents are merely for informative purposes and should not be construed as legal advice. For accurate and up-to-date legal advice, an individual should contact an attorney or legal professional.
Slip and fall accidents happen all of the time, and sometimes they cannot be avoided, but sometimes they can be. It is important to know as either the responsible party or the victim of a slip and fall what is required of them, and what a slip and fall accident can result in.
As The Responsible Party
As a property owner, it is important that an individual maintain their property in a way that helps prevent slip and fall accidents from occurring. Similarly, an individual should warn guests and other people entering onto their property of hazardous conditions that may cause that person to slip and fall. Preventative measures should always be taken to help prevent creating an area where a slip and fall accident could occur. If a slip and fall accident does occur on an individual’s property this can sometimes result in a lawsuit against that property owner for personal injury.
As The Victim
Hazardous conditions are typically the cause of a slip and fall accident. A slip and fall accident is a subcategory of tort law and is sometimes known in the legal world as personal injury. In the state of Ohio, personal injury lawsuits rely primarily, if not exclusively, on negligence law when deciding who was responsible for the injuries to the victim.
There are essentially four things a victim must prove to hold a property owner negligent in a slip and fall accident case:
- The victim (and counsel) must show that the property owner had a duty to not cause the injury that occurred.
- The victim (and counsel) must show that the property owner did not fulfill that duty to not cause the injury.
- The victim (and counsel) must show that because the property owner did not fulfill their duty, this caused the victim’s injury.
- The victim (and counsel) must show the damages that they are seeking to be compensated for.
It is important to note that the state of Ohio has comparative negligence laws that can hinder a victim’s personal injury case against a property owner. Basically, if a victim did not exercise appropriate caution, was more careless than the property owner, or contributed in any way to their slip and fall accident, then the compensation the victim is seeking could be reduced or barred entirely. Similarly, in the state of Ohio, if multiple people contributed to the victim slipping and falling, then the court will apportion each responsible person a percentage of the damages based on their contribution.
A victim of a slip and fall accident can possibly receive compensation for money lost from lack of work, pain, suffering, and their medical bills.