Slip and Fall Injuries
After a slip and fall, some people are lucky to walk away without injuries, or with nothing worse than scrapes and bruises. However, slip and falls often cause serious injuries. Because of a fall on someone else’s property, you may be suffering from:
- Broken bones, most often in the wrist, arm, or ankle from bracing against the floor
- Hip injuries and hip fractures, which frequently mean surgery and months of rehabilitation
- Joint dislocations, particularly of the shoulder, elbow, or knee
- Muscle, tendon, and ligament sprains and strains that keep you off work for weeks
- Concussions or more serious traumatic brain injuries (TBI) from striking your head on a hard floor or a stair edge
- Neck and back injuries, including herniated discs
- Spinal cord injuries that can leave lasting weakness, numbness, or paralysis
Whatever type of injury you suffered in a slip and fall, you should contact our Ohio slip and fall lawyers for help. When another person’s carelessness or recklessness caused you harm, you have the right to hold that person responsible. You also have the right to pursue compensation for these injuries and the impact they have had on your life.
What to Do After a Slip and Fall Injury
A slip and fall accident is unexpected. You do not anticipate going to the park or a store and falling.
That often means that after a slip and fall, you do not know what to do. You are not sure of how to prepare for a claim. Our attorneys recommend that you do the following:
- Obtain medical care as soon as possible and follow your physicians’ instructions.
- Report the fall to the property owner, store manager, or landlord before you leave, ask that an incident report be written up, and ask for a copy of it.
- Know the name and location of the property.
- Obtain the names of the property owners, and if relevant, the property managers.
- Take down the names and contact information of witnesses to your accident, including anyone who noticed the hazard before you fell.
- Take photos and video of the scene and your injuries, including the hazard itself, the lighting, whether a warning sign was present, and the footwear you had on.
- Put away and save the clothing and footwear that you were wearing at the time of the fall.
- Avoid making any statements to a business or insurance company.
- Call the Ohio slip and fall lawyers at Kisling, Nestico & Redick as soon as possible.
The incident report matters more than most people expect. It puts the date, time, and location into the property owner’s own records, and it makes it much harder for a business to argue later that the fall never happened or happened somewhere else. If a manager will not give you a copy, write down who you spoke with and when.
Photographs matter for the same reason. A puddle gets mopped, a broken step gets roped off, a burned-out bulb gets replaced, and by the time anyone investigates the floor looks perfectly safe. A photo taken on the spot preserves the condition as it actually was, and a photo of your shoes answers the argument that you were wearing something wrong for the surface.
If you are not sure what to do next, call our Ohio slip and fall lawyers at 1-800-HURT-NOW. The call costs nothing, there is no obligation, and we can tell you what needs to be preserved before it disappears.
Ohio Slip and Fall Laws You Should Know
Two Ohio laws shape almost every slip and fall claim: the deadline to file and the way fault is divided. Understanding both early can protect your case.
How Long You Have to File a Slip and Fall Lawsuit in Ohio
In Ohio, you generally have two years from the date of your injury to file a slip and fall lawsuit (Ohio Revised Code 2305.10). Missing that deadline usually means losing the right to recover anything, no matter how strong your case is.
Acting early does more than protect the deadline. Surveillance footage of the fall is often recorded over within days, maintenance and cleaning logs can disappear, and a witness’s memory of what they saw fades quickly. The sooner our attorneys begin investigating, the better the chance of preserving the evidence your claim depends on. You can read more about the Ohio statute of limitations for injury claims.
The two-year period in ORC 2305.10 applies to filing suit in court. It is not the same thing as an insurance claim. Negotiating with a property owner’s insurer does not pause the clock, and an adjuster who keeps a file open for eighteen months has no duty to remind you that the deadline is close. If the claim has not settled and no lawsuit is on file when the two years run out, the case is finished.
Different rules can apply when the property belongs to a city, a county, a school district, or another public body. Those claims carry their own procedural requirements, and some of the deadlines involved are shorter than the general two-year period. If you fell on public property, have an attorney confirm which deadline governs your case rather than assuming you have two years.
How Ohio’s Comparative Negligence Rule Affects Your Recovery
Ohio uses modified comparative negligence with a 51 percent bar (Ohio Revised Code 2315.33). You can recover compensation only if you are found 50 percent or less at fault for your own fall, and any award is reduced by your share of the blame. For example, if a jury decides your damages are $100,000 but finds you 20 percent at fault, your recovery drops to $80,000. Property owners and their insurers know this rule well, and they often try to shift blame onto the injured person to cut or eliminate what they have to pay. Our Ohio slip and fall lawyers work to keep an unfair share of fault from being placed on you.
The Open and Obvious Doctrine in Ohio Slip and Fall Cases
Ohio also recognizes the open and obvious doctrine, which can bar recovery when a hazard is so obvious that a reasonable person would have noticed and avoided it. The reasoning is that a property owner has no duty to warn about a danger that is plainly visible. Insurers raise this defense often, but it does not end every case.
Whether a hazard was truly open and obvious depends on the specific facts. Attendant circumstances, such as a crowded aisle or a distracting display, can draw a visitor’s attention away from the floor. Some hazards are not really obvious at all, including black ice, a wet floor with no warning sign, or a poorly lit stairwell. Our attorneys examine exactly what you could reasonably have seen and avoided, and we push back when an owner uses this doctrine to escape responsibility for a hazard they should have fixed.
In practice the defense shows up early. An adjuster denies the claim in a letter saying the condition was in plain view, or the property owner’s lawyer asks the court to throw the case out before a jury ever hears it. That is why the details you can capture in the first days after a fall carry so much weight: the lighting, the sightlines from where you were walking, the color of the spill against the color of the floor, and the position of any sign, cone, or merchandise display.
Countering the defense usually comes down to showing what a person could actually see from the approach. A photograph taken from eye level, looking the way you were walking, often tells a very different story than a photograph taken from directly above the hazard. Cleaning and inspection records can show the owner knew about the condition. Witnesses can confirm that the aisle was packed, that a display blocked the view, or that the overhead light had been out for weeks. And when the owner created the hazard in the first place, the argument that you should have stepped around it carries much less weight.
Who Is Responsible for a Slip and Fall in Ohio?
If you slipped and fell on someone else’s property, and you think your fall was due to a dangerous condition, contact us right away. It can be difficult to figure out why you fell and if the property owner is responsible without going through an independent investigation.
The other party’s insurer may investigate, but this is not for your benefit. That investigation is meant to find evidence that protects the property owner and insurer.
Our lawyers will thoroughly investigate your slip and fall incident. We will determine what condition caused the fall and your injuries as well as your status on the property. Ohio’s premises liability law dictates that property owners hold different duties of care to different types of people on their land. The duty owed depends on the visitor’s status, and there are invitees, licensees, and trespassers.
Slip and falls are one of several premises liability claims our team handles. If your injury involved a property owner’s failure to provide safety, we also represent clients in negligent security claims and swimming pool accident cases.
Duty of Care Owed to Invitees
Property owners hold the highest duty of care to invitees, who are customers or clients who are on the property with explicit or implicit permission for the property owner’s benefit. The customers and clients are there for a business reason. Property owners owe invitees a duty to act with reasonable care in maintaining safe premises. They also owe invitees a duty to warn about dangerous hazards on the property.
Duty of Care Owed to Licensees & Trespassers
Property owners owe a much lower duty of care to licensees and trespassers. Licensees are on the property with permission for their own benefit. Trespassers are on the property without permission.
For both of these types of visitors, property owners owe them the duty to refrain from willfully, wantonly, or recklessly harming them. If the property owners know licensees or trespassers are on the land, they need to use ordinary care in avoiding harming them.
Because the duty owed turns on visitor status, that status is frequently disputed. An owner may argue you were a licensee rather than an invitee to lower the duty they owed and reduce the value of your claim. Establishing the right status is often a key part of proving liability.
A warning sign does not settle the question either. Where the sign was placed, and whether it was visible from the direction you were walking, can matter as much as the fact that it existed.
Can You Sue for a Slip and Fall if There Was a Warning Sign?
What You Need to Prove in a Slip and Fall Claim
If our Ohio slip and fall lawyers uncover evidence that the property owner is liable to you, then we may recommend pursuing compensation through a premises liability lawsuit or insurance claim. We will fight to prove:
- The property owner owed you a duty of care
- The property owner was aware or should have been aware of a hazard
- The property owner failed to remedy or warn about the hazard
- You were injured due to the hazard
How We Prove Negligence in a Slip and Fall Claim
The hardest element to prove is usually notice: that the owner knew or should have known about the hazard and had a reasonable chance to fix it or warn about it. A puddle that sat for hours points to a different result than one that appeared seconds before the fall. To establish notice and the other elements, our attorneys gather and preserve evidence such as:
- Surveillance and security camera footage of the fall and the surrounding area
- The store or property’s incident report
- Photos of the hazard, the lighting, and the surrounding conditions
- Witness statements from people who saw the fall or the hazard beforehand
- Maintenance, inspection, and cleaning records showing how the hazard was handled
- Your medical records tying the injury to the fall
Much of this evidence is controlled by the property owner and is only available for a short time, which is one more reason to involve a lawyer quickly.
Expect the owner to answer with the open and obvious argument described above. Building the record early is what keeps that defense from deciding the case for you.
Slip and Fall Compensation in Ohio
Through a lawsuit or insurance claim, we will strive for you to receive the maximum compensation possible for your:
- Medical expenses
- Loss of income
- Pain and suffering
- Disability
- Disfigurement
- Mental anguish
- Loss of consortium
One of the benefits of working with an experienced attorney is knowing your damages will be properly calculated. At Kisling, Nestico & Redick, we will work with you, your physicians, and economic professionals to calculate the value of your injuries. Those losses split into two groups, and each group is proven in a different way.
Economic Damages in an Ohio Slip and Fall Case
Your economic damages, such as your medical bills and lost wages, are relatively easy to quantify. They leave a paper trail, and in most slip and fall claims they cover:
- Emergency treatment, imaging, surgery, and hospital charges
- Physical therapy, follow-up appointments, and prescriptions
- Future medical care your doctors expect you will need
- Wages lost while you were unable to work
- Reduced earning capacity if you cannot return to the same job
- Out-of-pocket costs such as medical equipment, mileage to appointments, and household help you had to hire while recovering
The last two are where the real money often sits, and they are the items an insurer fights hardest. An older adult recovering from a hip fracture may never get back to living independently, and a warehouse worker with a herniated disc may never lift the same weight again. For injuries like those we bring in treating physicians and, where the loss is large, economists who can put a defensible figure on care and lost earnings that stretch years into the future.
Non-Economic Damages in an Ohio Slip and Fall Case
It is tougher to determine an appropriate value for non-economic damages, such as your physical pain and emotional distress. When your physicians treat you, you receive a bill, and that can be used in settlement negotiations. Nobody sends a bill for waking at three in the morning with back pain, for giving up the garden, or for needing help down your own front steps. To learn more about how injury cases are valued, our team can walk you through what goes into a fair figure.
However, for injuries with long-term consequences, our Ohio slip and fall lawyers will have to present further evidence that your harm has had a significant impact on your life, and that you deserve to be compensated fairly. Testimony from family members, coworkers, and treating providers frequently does more of that work than any single document.
Ohio also limits non-economic damages in most injury cases. The cap is generally the greater of $250,000 or three times your economic damages, up to $350,000 per plaintiff, with higher limits when the injury is catastrophic. Economic damages are not capped.
We also will research similar cases and injuries. This will give us a comprehensive picture of what other injured individuals have recovered under similar circumstances. Our verdicts and settlements show the kinds of claims we have taken on, though every case turns on its own facts and no past result is a promise about yours.
How Shared Fault Reduces a Slip and Fall Award
What you actually collect also depends on how fault is divided. Under Ohio Revised Code 2315.33, explained above under “How Ohio’s Comparative Negligence Rule Affects Your Recovery”, you recover nothing if you are found more than 50 percent responsible for your own fall, and any award is cut by the share of blame assigned to you. A $200,000 verdict with 25 percent of the fault on you pays $150,000. That is why an insurer’s early attempt to blame your shoes, your phone, or your failure to watch where you were going deserves to be taken seriously from the first phone call rather than shrugged off.
Ohio Slip and Fall FAQs
How long do I have to file a slip and fall lawsuit in Ohio?
In most cases you have two years from the date of your injury to file a slip and fall lawsuit in Ohio, under Ohio Revised Code 2305.10. If you miss that deadline, the court will usually refuse to hear your case, so it is important to speak with a lawyer well before the two years run out.
What if I was partly at fault for my slip and fall?
You can still recover compensation as long as you are 50 percent or less at fault. Ohio follows modified comparative negligence with a 51 percent bar (Ohio Revised Code 2315.33), so if you are found 51 percent or more responsible you recover nothing, and any award is reduced by your share of the fault.
What is the open and obvious doctrine in Ohio?
The open and obvious doctrine means a property owner generally has no duty to warn about a hazard that is so obvious a reasonable person would notice and avoid it. It is not automatic, though. Attendant circumstances that distract you, poor lighting, or a hazard that was not truly visible can all keep the doctrine from barring your claim.
What do I have to prove in a slip and fall claim?
You generally must show that the owner owed you a duty of care, knew or should have known about the hazard, failed to fix it or warn you, and that the hazard caused your injury. Proving the owner had notice of the hazard is often the central issue, which is why preserving evidence early matters so much.
Can I sue a store if I slipped on a wet floor?
Often yes, but it turns on how the water got there and how long it sat. A store is generally responsible when its own employees created the hazard, or when the spill was there long enough that reasonable inspections should have caught it. A puddle that had been on the floor for an hour with no cone anywhere near it is a very different claim from one a customer dropped seconds before you walked past. Surveillance video, cleaning logs, and the store’s incident report usually answer the question, and all three sit in the store’s hands, which is why it helps to have a lawyer request them quickly.
How much is a slip and fall case worth in Ohio?
There is no standard figure. The value depends on the treatment you needed, the income you lost, whether the injury is permanent, and how fault is divided between you and the property owner. A sprained wrist that heals in six weeks and a hip fracture that ends someone’s ability to live alone are nowhere near the same range. Ohio also caps non-economic damages in most cases, and your recovery drops by your share of the fault. The only reliable way to find out what your claim is worth is to have a lawyer review your medical records, your losses, and the evidence of what caused the fall.
How much does it cost to hire an Ohio slip and fall lawyer?
KNR handles slip and fall cases on a contingency fee basis, so you pay no attorney fees up front. We only get paid if we recover compensation for you. You can request a free case consultation to discuss your options at no cost.
Call Our Ohio Slip and Fall Lawyers Today
After suffering an injury in a slip and fall, it is important to speak with an experienced premises liability attorney at Kisling, Nestico & Redick as soon as possible. The property owner may be responsible for the accident and liable for compensating you. However, it can be challenging to know and prove the property owner’s negligence without the help of an experienced and skilled lawyer.
To learn more about your rights and options, contact us today at 1-800-HURT-NOW to schedule a free, initial evaluation of your case.
KNR has 12 offices throughout Ohio. Reach out below to get in contact with an attorney in your area:
- Slip & fall cases in Akron, OH
- Slip & fall accidents and injuries in Beachwood, OH
- Slip & fall cases in Canton, OH
- Slip & fall cases in Cincinnati, OH
- Slip & fall cases in Columbus, OH
- Slip & fall cases in Cleveland, OH
- Slip & fall cases in Dayton, OH
- Slip & fall accidents and injuries in Independence, OH
- Slip & fall cases in Toledo, OH
- Slip & fall accidents and injuries in Westlake, OH
- Slip & fall cases in Youngstown, OH
