Slip and fall accidents and other accidents on property occur every day in Dublin and around Ohio, causing serious injury in some cases. While there are circumstances in which accidents are simply a result of clumsiness or distraction, there are also times when a fall is the result of the negligence or inattention of a property owner. In cases where a fall was preventable and the fault of another person, a premises liability claim can help the injured party recover damages from the accident.
Premises Liability in Ohio
In Ohio, modified comparative negligence law applies to premises liability cases. This means that the extent to which each party contributed to the accident is the key element to determining liability. For example, if you were 40 percent at fault for the accident due to carelessness, you would be able to recover 60 percent of your damages. However, if you are more than 50 percent at fault for the accident, Ohio law states that you cannot recover any damages at all.
In addition, you must be able to prove that the property owner had a duty not to cause harm and failed that duty. It must be evident that the failure to fulfill this duty is the cause of your accident. You also must be able to provide documentation supporting the value of your claim. You must be able to show proof of damages like medical bills, lost wages, and pain and suffering.
Determining Liability in a Slip and Fall Accident
Building a viable premises liability claim can be challenging. Proving fault and liability can be tricky for the average person, especially when that person is recovering from an injury. A personal injury lawyer can help you understand the laws as they apply to premises liability and will help you build a case to prove the other party’s fault. An attorney will ensure that all required documentation to support your claim is present.
To prove fault, one of the following scenarios must apply to the accident. Remember that in Ohio, it also must be proven that the property owner had a duty not to cause harm.
- The other party caused the dangerous environment: If you can prove that the property owner where your accident occurred caused your slip and fall by spilling something or ignoring a worn, slippery or dangerous walking surface, you may have a viable claim. In the case of businesses, dangerous conditions caused by employees are also considered for purposes of fault. It does not have to be the property owner who caused the hazard.
- There was knowledge of the hazard prior to the accident: You should be prepared to prove that either the property owner or one of his or her employees had knowledge of the hazardous environment and neglected to do anything to remedy it. For example, employees knew about a spill but failed to take action to clean it up.
- A reasonable person would have been aware of and corrected the hazard: If the owner or employee responsible for the accident claims that he or she was unaware of the danger, you will need to demonstrate that another person would have noticed the problem and corrected it in a timely manner.
Call David Bressman in Dublin
If you’ve been in a slip and fall accident or other premises liability accident in Dublin, David Bressman can help. We can help you pursue the compensation to which you are entitled and establish duty of care, negligence, tying the negligence to the accident and demonstrating the extent of your damages. Call David Bressman to review your case. Call 877-538-1116 or use our online contact form to schedule a consultation.