Slip and Fall Claims: What To Do If It Happens To You
Slip and fall claims happen all of the time, whether in a grocery store over a piece of food or liquid that has fallen from a display, or on an icy sidewalk in the middle of winter. Falls in general are the leading cause of visits to the emergency room, with slip and falls specifically accounting for one million visits a year, according to the National Floor Safety Institute. These falls may result in minor injury or have in some circumstances resulted in serious, life changing injury due to the negligence of another party.
Slip and Fall Claims
When establishing a personal injury claim based on a slip and fall accident, the plaintiff must prove liability of a store owner or property owner by meeting the elements of negligence. To prove negligence, the injured party must show that these four factors were satisfied: (1) there was a duty owed to them by the opposing party, (2) that the opposing party breached their duty of care or failed to adequately maintain their duty of care to the injured party, (3) the breach or failure was the cause of the injury, (4) and damages resulted. Ohio maintains a comparative negligence law that finds if the injured party was more responsible or to blame for the injury occurring than the opposing party, they will not be able to recover damages.
Statute of Limitations
Additionally, the injured party will not be able to recover damages if they do not file their claim in the specified time frame. If the injured party is able to meet all aspects of the negligence claim, the claim must be filed in civil court within two years from the cause of the accident. This time limit is called a statute of limitations, which puts a cap on the time in which cases may be brought to court. If the injured party does not file within the proper statute of limitations, the court will likely decide to not hear the case, absent particular circumstances.
Contact Us for Help
If you have a suffered injury from a slip and fall accident, it is imperative that you reach out to a skilled attorney at the office of Lafferty, Gallagher & Scott, LLC. Our Ohio attorneys can help ensure that you recover compensation to which you are rightfully entitled.