A trip or slip and fall can happen to anyone. But while most slips and falls result in nothing more than dirt on someone’s clothes, some can lead to life-altering injuries. In fact, the CDC reports that slips and falls are a serious threat to older folks in particular.
If you trip or slip and fall while on someone else’s property, you may be eligible for compensation for resulting damages. To recover those losses, you’d need to file an insurance claim and/or premises liability claim. Basically, this is a civil lawsuit that involves injuries caused by dangerous conditions on another person’s property. To successfully pursue a premises liability claim, it is important that you understand how the law works.
Understanding the elements of a premises liability claim
Not every slip-and-fall can give rise to a successful premises liability claim. First, you will need to prove that your slip-and-fall was occasioned by unsafe conditions on the defendant’s property. Common unsafe conditions include:
- Wet or oily floors
- Torn carpets, loose cables or broken sidewalks
- Faulty guardrails
Next, you will need to prove that the unsafe condition caused your trip or slip and fall and, thus, specific injuries. This underpins the importance of seeking treatment as soon as possible following a slip-and-fall accident. The unsafe condition must be specific, and it must be directly attributable to the accident. For instance, if you slip-and-fall far on the dry area of the floor, then you can’t blame the wet floor for your injury.
Finally, you’ll have to file your claim in time. In Ohio, the statute of limitations for personal injuries attributable to slips and falls is two years from the date of the accident. Your claim may be refused if you miss out on this timeline.
Pursuing justice
If you slip-and-fall while you’re lawfully on someone’s property, you can potentially hold them liable for resulting damages. Learning more about Ohio negligence and premises liability laws can help you protect your rights and interests while pursuing justice.