What Is the Slip and Fall Law in Ohio?
October 14, 2024 | By Colombo Law
If you have recently been injured in a slip and fall accident, an Ohio slip and fall attorney can help you understand what to do next. The laws surrounding slip and fall accidents—including who is liable for damages, how much you may be able to recover in compensation, and how long you have to file a claim—can be difficult to navigate without legal representation.
Getting in touch with an experienced slip and fall accident lawyer is crucial. Evidence can quickly be lost, and you can be sure that the property owner or manager is doing what they can to avoid liability.
At Colombo Law, our slip and fall attorneys are here to hold property owners accountable by pursuing the maximum compensation you deserve for the damages you have sustained. Our knowledge of Ohio slip and fall laws, combined with our deep experience obtaining justice for our clients, means you can rely on us to have your back during this challenging time.
Call Colombo Law today at 614-362-7000 for a FREE case review. Our experienced attorneys serve clients in Columbus and throughout Ohio.
Ohio Slip and Fall Laws
One of the key benefits of working with an Ohio slip and fall attorney is that you do not need to be familiar with the nuances and intricacies of slip and fall laws yourself. That said, there are a few important things to know about these claims that will help you know what to expect:
Premises Liability
Premises liability is a broad term that refers to the duty of care property owners, occupants, and other parties owe to lawful visitors. Beyond slip and fall claims, premises liability covers matters like inadequate security, dog bite incidents, and more.
When property owners fail to properly notify visitors of potential hazards or exercise the appropriate precautions to keep visitors safe, their action or inaction may constitute negligence. If a visitor is injured on the premises because of this negligence, the party responsible for the property may be held liable for the victim’s damages.
Statute of Limitations
The statute of limitations is the time limit that applies to a slip and fall claim. Once that time limit passes, legal action is generally barred.
For slip and fall accidents in Ohio, the personal injury statute of limitations applies. This gives you two years from the date of the accident to file a lawsuit.
If you attempt to pursue legal action after two years, your case will almost certainly be thrown out. This is why it is so important to begin the process as soon as possible and never delay pursuing compensation if you believe you have a viable claim.
Comparative Negligence
In some situations, negligence is not absolute. That is, the party responsible for the property may not be fully liable for the accident and subsequent damages.
This is because of Ohio’s modified comparative negligence rule, which allows parties to share liability for an injury and the subsequent damages. For example, if you slipped and fell on a sidewalk that was poorly maintained, but you were distracted at the time, the other party may argue that you shared responsibility for your injuries.
If, then, it is decided that your distraction made you 10% responsible for the accident, the amount of total compensation you would be eligible for would only be 90% of your total damages. So if your damages were worth $50,000, you would then only be able to recover $45,000.
Read More: Can I Claim Compensation for a Slip and Fall?
What Is the Open and Obvious Doctrine for Slip and Fall in Ohio?
Slip and fall accidents, even those that result in serious injuries, do not inherently result in viable slip and fall claims. There are only certain situations where legal action can be brought, typically when a danger is not obvious or known to visitors but the property owner was aware of it and chose not to remedy the situation.
On the other hand, if the danger is obvious or the danger is or should be apparent to someone, a property owner or manager may avoid liability under Ohio’s open and obvious doctrine.
For example, if a visitor slips and falls on a staircase and then attempts to seek compensation under the grounds that the staircase should have had a hand railing, the property owner would argue that the danger present was open and obvious. In other words, the visitor had a responsibility to exercise additional caution because the visitor should have noticed that the staircase had no hand railing.
This can be a complex issue. You should review the details of your case with an experienced Ohio slip and fall attorney who can help determine if you have a viable claim.
Who Is Responsible for a Slip and Fall?
The party responsible for a slip and fall ultimately depends on who was responsible for the upkeep of the property. This could be:
- The owner of the property, such as a homeowner
- A landlord or property management company
- The occupant or lessee of a commercial property, such as a store owner
- A government entity
It can be difficult to determine who, exactly, was responsible for the property’s safe condition and thus liable for damages. Insurance companies will often get involved, and they will do whatever they can to shift the blame so they can avoid paying compensation. The best course of action when liability is unclear is to work with an experienced slip and fall lawyer who can investigate your claim and determine the responsible party.
How Do I Prove a Slip and Fall Case?
Once you determine who the responsible party is, you then must be able to show that their negligence is what led to your injuries and damages. Doing so generally relies on the evidence you can gather at the scene of the accident, including photographs or video.
You will also want to thoroughly document your injuries and keep all medical documentation you receive from your healthcare provider. These will prove the extent of your injuries and the cost of treatment.
Witnesses can also be helpful for proving slip and fall cases, if available. If someone saw the accident take place, their account of the accident could help to reinforce important parts of your case.
Contact an Ohio Slip and Fall Attorney Today
Building a successful slip and fall claim relies on gathering convincing evidence—but there is much more to winning the compensation you need and deserve for your losses. You must also:
- Fully calculate your economic and non-economic damages
- Negotiate with insurance companies
- Argue your case at trial, if the insurance company refuses to fairly settle your claim
Doing all of this relies on the legal knowledge and case management capabilities that only come with experience. At Colombo Law, we are here to put our experience to good use for you. We believe that accident victims should always seek to recover maximum compensation for their losses, and we do everything in our power to help them do just that.
If you have been in a slip and fall accident and believe you have a viable claim for compensation, contact Colombo Law for a FREE case evaluation with an Ohio slip and fall attorney.