slip and fall premises liability

Slip and fall accidents send more than a million people to the emergency room each year.

Ohio premises liability law lets you recover damages from a slip and fall accident caused by someone else’s negligence.

If you have suffered serious injuries as a result of a slip and fall, a premises liability claim can help you pay for medical expenses, lost wages, pain and suffering, and other damages.

An experienced premises liability attorney in Ohio can help you understand your rights under Ohio slip and fall law.

They can also help you estimate your damages and negotiate with insurance companies for the full compensation you deserve.

How Long Do I Have to File a Premises Liability Claim?

The statute of limitations in Ohio gives you two years from the date of the accident to file your claim. If you do not file on time, you will most likely lose your opportunity to seek damages.

It is always a good idea to contact a personal injury attorney as soon as possible after your accident. Getting an early start will improve your chances of success by allowing your attorney to investigate while evidence is fresh. You can also begin negotiations with the insurance company and possibly even settle without needing to file a lawsuit.

If it has been more than two years since your injury, it still may be worth talking to an attorney. They can tell you if there are exceptions to the statute of limitations that might extend your time to file.

For example, if you were injured when you were mentally incompetent or a minor, the statute of limitations will be paused (tolled) until your limitation is removed.

How to Prove Negligence in a Slip and Fall Premises Liability Case

To recover damages for a slip and fall accident under Ohio premises liability law, you have to prove four elements: duty, breach, causation, and damages.

Duty

First, you have to prove that the defendant had a duty to keep their premises safe for you. The extent of that duty depends on the relationship between you and the defendant. 

For example, business owners owe a high duty of care to customers. They must keep their premises free from dangers they know about or should be aware of. On the other hand, a person in Ohio owes only a minimum duty to trespassers. In most cases, the only duty to trespassers is to avoid “willful, wanton, or reckless conduct” that is likely to cause injury.

Breach

Next, you have to show that the defendant breached their duty to you. For example, a grocery store might breach its duty by failing to clean up a spill in a reasonable time after it is discovered.

Causation

You also have to show that the breach caused your injury. For example, if there was a hazardous spill on the floor, but the real reason you fell was that your friend pushed you, it will be difficult to show causation.

Damages

Finally, you have to show that you suffered damages as a result of your injury. A bruised tailbone that doesn’t require any medical care or time off work will not result in a damages award.

How an Attorney Can Help with Your Ohio Slip and Fall Case

If you suffered injuries in a slip and fall accident, contact Aaron Bensinger of Bensinger Law today. Aaron has represented many clients in the Northwest Ohio region with cases just like yours.

Aaron is a strong and passionate advocate who is not intimidated by aggressive insurance companies. He understands Ohio slip and fall law and will fight for the compensation you deserve.

Author Photo

Aaron L. Bensinger

Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.

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