What Are the Four Things You Must Prove in an Ohio Slip and Fall Case?
A slip and fall accident can happen almost anywhere, including your own home. Legal problems begin when you slip and fall on someone else’s property (such as at a grocery store, amusement park or someone else’s private residence) and suffer injuries. If the property owner, management or staff members failed to ensure the property is safe for permitted occupants, they may be held liable for your injuries and damages.
However, proving your slip and fall case must be substantiated with concrete and compelling evidence. There are also a handful of important exceptions that can complicate your case. It may be necessary to:
- Have documentation proving you were at the property when you claim the injury occurred
- Establish the property owner reasonably should have been aware of the hazard and had time to fix it prior to your injury
- Prove you were being reasonably conscious of your surroundings
If you believe you have a valid slip and fall case but you’re not sure where to begin the process of filing a claim, consulting with a personal injury lawyer experienced with handling slip and fall cases may be a good idea.
Proving Your Claim
In an Ohio slip and fall case, you generally need to establish four key elements to prove your claim. These elements are:
Duty of care: You must demonstrate the property owner or occupier owed you a duty of care. This means that they had a legal obligation to maintain their property in a reasonably safe condition or warn visitors of any known hazards.
Breach of duty: You must show that the property owner or occupier breached their duty of care. This typically involves proving they failed to take reasonable steps to prevent or address the hazardous condition that caused your slip and fall.
Causation: You must establish a causal connection between the property owner's breach of duty and your slip and fall accident and injuries. In other words, you need to demonstrate that the hazardous condition directly caused your injuries.
Damages: Finally, you must provide evidence of the damages you suffered as a result of the slip and fall incident. This can include medical expenses, lost wages, pain and suffering and any other losses or harm you experienced due to the accident.
Slip and Fall Case Scenario #1
Let's consider a scenario where you visit a grocery store and slip and fall on a recently mopped floor without any warning signs or barriers. You suffer a fractured wrist as a result of the fall.
The grocery store's failure to place warning signs or barriers after mopping the floor can be seen as negligence. They didn’t take proper precautions to prevent accidents or inform customers about the potential hazard.
This lack of warning signs caused you to accidentally slip and fall and suffer an injury. Your medical records and bills can provide evidence of the extent of your injury and the associated expenses.
In this particular example, the validity of the slip and fall case lies in establishing
- You were there (having witnesses who can corroborate your version of events can be extremely beneficial – this is also why it’s vital to report slip and falls immediately)
- The grocery store breached its duty of care by not putting up wet floor signs, resulting in hazardous conditions and your subsequent injury
- You have medical bills, past pay stubs and proof that you missed work due to your injuries
By demonstrating negligence and connecting it to the harm suffered, you would have a strong case for seeking compensation from the grocery store for your medical expenses, pain and suffering and other applicable damages.
Slip and Fall Case Scenario #2
Let's consider another scenario where you visit a shopping mall and claim you slipped and fell in one of the common areas, resulting in a sprained ankle.
To have a valid slip and fall case, it is necessary to establish that the property owner or occupier was negligent in maintaining the premises. In this case, if the mall had taken reasonable measures to ensure the safety of their common areas, such as regular inspections, prompt cleanup of spills and appropriate maintenance, it would be difficult to prove negligence.
Moreover, if you were distracted by your phone or not paying attention to where you were walking, and there’s no documented evidence of existing hazardous conditions, it could be challenging to prove that the mall was primarily responsible for your injury.
In this example, it may be difficult to prove negligence on the part of the mall.
Discuss Your Ohio Slip and Fall Case with a Slip and Fall Attorney
If you’ve suffered injuries in a slip and fall accident on someone else’s property, contact the Buckeye Law Group today.
We’ll take the time to thoroughly examine the circumstances surrounding your case and help you understand the factors that may influence the value and outcome of your personal injury claim.
Our skilled and accomplished personal injury attorneys have a deep understanding of premises liability laws and are here to offer expert legal guidance and representation.
To discuss your case for free, call 1-800-411-PAIN.
CONTACT OUR OHIO ATTORNEYS TODAY
Request a FREE Personal Injury Consultation
The Buckeye Law Group Inc. represents people injured in auto accidents, slip and falls, workplace accidents and more in Ohio. Contact us today to learn more.
OFFICE LOCATIONS
Cleveland Office
127 Public Square, Suite 1540
Cleveland, OH 44114
Columbus Office
20 E Broad Street, Suite 300
Columbus, Ohio 43215
Cincinnati Office
201 E. Fifth Street, Suite 1900
Cincinnati, OH 45202
Dayton Office
70 Birch Alley, Suite 240
Dayton, OH 45440
Toledo Office
3950 Sunforest Court, Suite 200
Toledo, OH 43623
Akron Office
388 South Main Street, Suite 400
Akron, Ohio 44311
CONTACT US
1-800-411-PAiN