Ohio Slip, Trip & Fall Attorney
While the legitimacy of most personal injury cases goes unquestioned, many people believe that most slip and fall cases lack merit. The reason being is that many people have attempted and continue to pursue illegitimate personal injury claims. The most significant downfall of this is that those injured in slip and falls are hesitant to seek compensation as they fear judgment. Besides that, slipping and falling can be an occurrence that you prefer not to share with anyone, but when your injury accident results in serious injuries, it is vital that you seek legal representation.
When you slip, trip and fall on someone’s property because of a hidden danger, Ohio law requires that the property owner compensate you for medical expenses and other damages. The only way to recover these funds is by filing a premises liability claim. An experienced Ohio slip, trip and fall attorney can help you recover fair compensation for all accident-related damages.
What is Premises Liability?
As one of the many areas of personal injury law, premises liability deals with instances where individuals sustain injuries due to hazardous conditions on a third party’s property. Per premises liability law, property owners have a responsibility to provide safe conditions for all welcomed visitors. If there is a known hazard, the owner is responsible for correcting it or warning visitors to avoid accidents. Some valid examples of possible premises liability cases include:
- Low lighting that makes possible dangers difficult to see.
- Puddles and spills that cause a slip and fall.
- Faulty steps or handrails that result in a fall.
- Uneven pavement that causes a trip and fall.
Those injured as a result of any of the circumstances mentioned above or any others similar may be entitled to financial compensation. A knowledgeable attorney will make you aware that you can recover damages for:
- Medical expenses
- Lost wages
- Lost earning capacity
- In-home care
- Mental anguish
- Diminished quality of life
Ohio Premises Liability Claim Exemptions
As much as it is necessary for you to know what you can file a claim for, it is equally important to know when you cannot file a claim. The following are Ohio premises liability claim exemptions. If your personal injury claim falls into any of these categories, you cannot legally pursue compensation for your damages.
If the proposed dangerous condition is one that was obvious and you could have easily avoided, Ohio law allows property owners to use the “open and obvious” dangers defense. A key example of such a situation is an icy sidewalk.
Comparative negligence means that your own actions contributed to the accident occurring or caused the defect. The most basic way to explain this exemption is an instance where you spill something in a grocery store and slip in the puddle. In this case, the property owner is not liable.
If you use the property for recreational purposes and the property owner grants you free entry, Ohio law recognizes you as a recreational user. As a recreational user, you may not be able to hold the property owner liable for any injuries you sustain during your visit.
There are many intricacies of personal injury law that require clarification and further investigation. Trust the Ohio slip, trip and fall attorneys at Yuspeh Rappaport Law, LLC., to make you aware of your legal options. Contact us today at (216) 417-6758 for a free case evaluation.