The CDC reports that slip and falls are among the most common causes of unintentional injuries in the United States each year. While slip and falls usually affect older adults, anyone can become a slip and fall victim when properties aren’t property maintained.
Common Causes of Slip and Fall Injuries
When a property owner doesn’t take proper care to maintain a property and remove or correct known hazards, a slip and fall can happen. Types of hazards that may lead to a slip and fall include spilled liquids or substances, objects and debris, uneven walking surfaces, broken stairs, falling objects, snow or ice, torn carpet, potholes/broken roads or sidewalks, and a lack of handrails.
These common causes of slip and fall injuries listed above often lead to injuries. Injuries may be as minor as a twisted ankle or as severe as a traumatic brain injury depending upon the angle and impact of the fall. Elderly adults are more at risk for breaking bones, whereas children who slip and fall are more likely to experience head trauma.
Where can a slip and fall happen?
A slip and fall can happen anywhere hazardous conditions exist. Potential slip and fall locations include the following.
- Private properties, such as a homes or apartment complexes
- Business properties or retail stores
- Grocery stores
- Business complexes
- Parks or other public places
- Sidewalks or streets
- Parking lots
The party held liable for the injury depends on where the injury occurred. For example, a slip and fall injury that occurs in a public park may result in a municipality being held liable, whereas a slip and fall that happens in a grocery store’s parking lot may result in the grocery store being held liable. Commercial, private and public property owners all may be held liable for slip and fall injuries.
What do I have to prove to recover compensation for my injuries?
Recovering compensation for a slip and fall injury isn’t as simple as just filing a claim against the property owner of the property where the injury occurred. Instead, you’ll have to prove that the property owner acted negligently. Proving negligence means that you have to prove that the property owner knew of the hazard that caused your injury but failed to take action to correct it. What’s more, you’ll have to prove that your injuries were caused by the slip and fall alone, not another accident.
In Ohio, you’ll also have to prove that you were on the property lawfully. Property owners do not have the same duty to trespassers as they do to invitees (those who are invited onto the property) or licensees (those who have a legal right to be on the property). The only duty owed to trespassers in Ohio is that a property owner doesn’t cause willful or malicious harm to the trespasser. This is not true if the trespasser is a child, in which case the child is fully protected under premises liability, assuming the property where the slip and fall occurs is a located in a place where children are likely to trespass (Ohio Code 2305.402 (D)(a)).
Contact a Worthington Slip and Fall Attorney Today
To learn more about slip and fall injuries and why they fall under premises liability law, take a look at our premises liability webpage. At Bressman Law, our Worthington slip and fall attorneys can help determine the cause of your slip and fall injury and who should be held liable. Because the statute of limitations for slip and fall claims is two years, we encourage you to take action now. If you’re ready to learn more about Ohio personal injury laws, call us today at 1-877-538-1116.