Whose Fault Was It?
When you’re debating whether or not to file a slip and fall claim, this is the question you need to ask yourself. Generally speaking, there are three possible answers, each of which can help you determine what to do next:
1. It was definitely, 100% their fault.
If this is your answer, you should most definitely look into filing a claim because, assuming you can prove it, “they” will be held financially responsible. For instance, if you slip on a business’s icy sidewalk, trip over an unmarked pothole, or get hurt because there was no warning for a wet floor, there’s a good chance you have a strong case.
2. It was partly my fault, but mostly theirs.
In Ohio, we follow what is called the “comparative negligence” rule. In a nutshell, this rule states that if you are partially at fault for your accident, you can only claim a proportional amount of the compensation your case is worth. For example, let’s say you were texting while walking through a grocery store and slipped on some runaway fruit in the produce area. An Ohio court reviews the evidence and decides that the store is 80% responsible for your accident while you are 20% responsible. As a result, you can claim up to 80% of the amount awarded to your case.
An important note about this rule: If you are found to be 50% at fault or more, you cannot claim any compensation. Keep that in mind as you debate whether or not to take legal action for your accident.
3. I’m not sure who is more at fault.
If you haven’t been in a situation where the cause of an accident is unclear, the idea of this third answer may seem rather odd. However, there are many scenarios in which a person may need an impartial, professional opinion in order to determine whether or not they have a strong slip and fall case.
Whether you need general legal guidance or help claiming your due compensation after a slip and fall, we are ready to meet with you for a free consultation. Don’t hesitate to reach out today.