Slip and Fall Injuries May Require Legal Assistance

August 27, 2012

Misc. Topics

slip and fall in grocery storeGladys, who is on her way home from work, decides that she wants a salad for dinner.  She wants to make it herself and put in it all the things she likes.  She walks into an Ohio grocery store and hurriedly approaches the produce section looking for a crisp bunch of lettuce and other fresh vegetables.

Her high heel slips on a leaf of lettuce in the middle of the grocery aisle.  She falls to the floor and her back and wrist are injured.  Her injuries are serious enough that she is taken to the nearest hospital.

Does Gladys have a claim against anyone at the store?

It depends.

Slip and fall injuries generally fall into the area of law known as premises liabilityPremises liability is based on common law negligence.  This means that a legal theory must be satisfied to prove that a property owner is liable for something that happened on that owner’s premises.  It is possible others may also be liable for the injury such as a store manager or even a third party.

To establish premises liability, the plaintiff (Gladys, in this case) must prove that a dangerous condition existed that presented an unreasonable risk to a person on the property who had not anticipated the risk.  It can exist indoors where there are flooring problems, stairs, escalators, or elevators, or other areas that are not maintained.  Sometimes a manager’s lack of supervision may cause the dangerous condition.

Dangerous conditions outside a property could include bad lighting, ice or snow buildup, sidewalks and unsafe parking lots.

The defendant/landowner or person responsible for the property where the injury occurred may defend that he was unaware of the dangerous condition and thus, did not have an opportunity to warn the public that the dangerous condition existed.  The defendant may also claim that although he was aware of the condition, he did not have a reasonable amount of time to adequately respond and prevent injury.

The property owner may also apply theories to attempt to limit recovery.

A visitor to a property has a duty to exercise reasonable care for his or her own safety.  When that degree of care is not exercised, the plaintiff may be shown to be negligent.

In the above example, Gladys could be alleged to have slipped because she was moving too fast for conditions inside the store or because she was wearing high heels to the grocery store.  Gladys could counter that she was on her way home from work, dressed in her work clothes and that she was in a hurry, but her actions were reasonable under the circumstances.

Slip and fall” cases can get complex.  There can be premises liability on residential or commercial property.

If you have been injured in a “slip and fall” on someone else’s property and are thinking about a legal claim against the parties you believe were at fault, you should discuss your case with an experienced Ohio premises liability attorney.  Keep in mind that there is a statute of limitations of two years in filing a personal injury lawsuit in Ohio.

If you or anyone you know slips and falls at the property of another, please call Slater & Zurz LLP at 1-800-297-9191 for a free consultation to make certain that you are adequately represented in order to insure compensation for injuries and other damages sustained during a fall.  You can also send us a blog message to ask any questions that you may have, or to schedule an appointment with an attorney.

To learn more about premises liability and other personal injury type issues, please visit slaterzurz.com.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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One Comment on “Slip and Fall Injuries May Require Legal Assistance”

  1. Rosalie Says:

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