SLIP & FALLS

In law, the term “slip and fall” refers to any kind of accident where you fall down and hurt yourself (or damage your property) because of someone else’s mistake or action. When that happens, you can file what we in the legal world call a slip and fall claim. When you file a slip and fall claim, you are essentially saying, “this person (or business) caused me to slip, fall, and hurt myself. Their insurance should pay for the resulting injuries and expenses.”

Done right, a slip and fall claim can get you compensated for any medical bills, damaged property, and related costs that were directly caused by the accident. Unfortunately, though, the responsible party may deny causing your injuries, or their insurance company may try to dismiss your claim or offer you less than your damages would cost to repair. For that reason, it’s always a good idea to meet with a personal injury lawyer for a free consultation. That way, you’ll know going into your claim what to expect and whether you’re going to need legal representation to get the compensation you need.

WHAT CONSTITUTES A SLIP & FALL CLAIM?

Slip and falls are among the most common type of personal injury claims because frankly, everybody trips now and then. Still, not every slip and fall constitutes a valid claim to compensation. The key question to ask yourself before taking legal action is simply this: Whose fault was it?

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.