Slip and fall accidents can often lead to major injuries and substantial financial burdens for those injured. In Ohio, establishing negligence in these cases is important for obtaining compensation. This article outlines how negligence is proven in slip and fall claims, focusing on the legal standards, types of evidence, and common challenges faced by plaintiffs.

Understanding Negligence in Ohio Slip and Fall Cases

To have success in a slip and fall claim, the injured party must prove negligence. Negligence happens when a property owner or occupier fails to maintain a safe environment, causing foreseeable harm to others. Ohio law requires plaintiffs to demonstrate four key elements:

Duty of Care: The property owner or manager holds a legal obligation to maintain the premises in a reasonably safe condition.

Breach of Duty: The defendant failed to fulfill their duty by neglecting safety standards.

Causation: The breach directly caused the plaintiff's injury.

Damages: The plaintiff suffered measurable harm, such as medical expenses, pain and suffering or lost income.

Duty of Care in Ohio Premises Liability Laws

Ohio premises liability law categorizes visitors into three groups. Each is owed a different level of care:

• Invitees: These are people who enter a property for a business purpose, for example: customers in a store. Property owners owe invitees the highest duty of care, including regular inspections and prompt repairs.
• Licensees: Licensees, such as social guests, are owed a reasonable duty of care. Property owners must warn them of hidden dangers that the owner knows about.
• Trespassers: Typically, property owners owe minimal care to trespassers, except in the specific cases involving children under the attractive nuisance doctrine.

Evidence to Prove Negligence in Slip and Fall Cases

Proving negligence requires comprehensive evidence. Plaintiffs must establish a clear link between the property owner's actions (or inaction) and their injuries. Below are critical types of evidence:

Photographic and Video Evidence

• Photos of the accident scene can capture hazards such as wet floors, uneven pavement, or poorly lit areas.
• Surveillance footage may show the circumstances leading to the fall.

Incident Reports

• If the accident happened at a commercial property, requesting an incident report can provide critical details documented by the business.

Medical Records

• Medical documentation demonstrates the severity of the injuries and ties them to the slip and fall incident.

Witness Statements

• Eyewitness accounts can corroborate the plaintiff's version of events and establish that the hazard was visible and unattended.

Maintenance Records

• Records showing whether property inspections or repairs were neglected can be pivotal in proving the owner's breach of duty.

Common Defenses Raised by Property Owners

Defendants in slip and fall cases often use several strategies to dispute negligence claims:

• Comparative Negligence: Ohio follows a comparative negligence rule. If the plaintiff is found partially at fault, their compensation will be lowered by their percentage of fault. For example, if a plaintiff is 20% responsible for the fall, they can recover only 80% of the awarded damages.
• Open and Obvious Doctrine: Property owners may argue that the hazard was so apparent that the plaintiff should have reasonably avoided it.
• No Knowledge of Hazard: The defendant may claim they were unaware of the danger, making it unreasonable to hold them liable.

Steps to Strengthen a Slip and Fall Case

Plaintiffs can take proactive steps to build a strong claim:

1. Document the Scene: Take videos and photos of the hazard and the surrounding area.
2. Seek Medical Attention: Prompt medical care not only ensures your well-being but also creates a vital record of your injuries.
3. Report the Incident: Alert the owner or management about the accident as soon as you can.
4. Consult an Attorney: Attorneys can gather evidence, handle negotiations with insurance companies, and advocate for you in court.

Ohio Slip and Fall Statistics

Slip and fall accidents remain a significant cause of injuries in Ohio. The following statistics highlight the prevalence of these incidents:

• Workplace Accidents: Based on information from the Ohio Bureau of Workers' Compensation, slips, trips, and falls accounted for approximately 25% of workplace injuries in 2022.
• Older Adults: The Centers for Disease Control and Prevention (CDC) states that falls are the number one cause of both non-fatal and fatal injuries for adults aged 65 and older.
• Costs: The National Safety Council estimates that the average medical expense for a slip and fall injury is over $30,000, underscoring the financial burden these accidents impose.

Conclusion

Navigating a slip and fall claim in Ohio can be complex, particularly when proving negligence. However, with the right strategy and legal support, injured parties are able to hold negligent property owners accountable. Understanding Ohio's legal standards and leveraging strong evidence are key to achieving a favorable outcome.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio slip and fall claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.