If you were to trip on an icy sidewalk, that does not mean that you have a legitimate slip-and-fall personal injury claim. Ohio slip-and-fall law can seem somewhat confusing because in order for there to be a premises liability claim, there must have been negligence or fault on behalf of the business owner.
Just because someone slips and falls on the property of another person or business, it doesn’t mean that the individual or entity is responsible. A slip-and-fall case must involve some sort of hazard that the owner of the property was aware of.
Hazards in Slip-and-Fall Cases
For a slip-and-fall case to be legitimate, there must be a hazard that caused the accident. It must also be proven that the owner of the property was aware of the hazard but failed to fix it.
Hazards that could cause a slip-and-fall accident can be considered permanent or temporary. A permanent hazard would be a broken stair or an uneven floor, while a temporary hazard could possibly be a wet floor.
Slipped on Sidewalk
If you have slipped on an icy sidewalk in front of a business, you can only pursue a premises liability claim if the snow or ice accumulation was unnatural (manmade). For example, if you slipped on snow or ice that resulted from natural accumulation, you cannot claim that the owner of the property was negligent. However, if you slipped on a man-made accumulation that is considered a hazard (improper placement of drain pipes), you may be able to seek compensation.
As our previous blog post on premises liability states, one of the two factors below must be met in your case for you to file a premises liability claim:
- The owner of the property caused the hazard or condition that resulted in your slip-and-fall accident
- The owner of the property knew about the hazard but did nothing to resolve the issue
As a result of tort reform, most cases of slip and fall have been eliminated. Previously it was a question of fact.
Slip-and-Fall Personal Injury Attorney
If you or your loved one has been injured by slipping and falling on a sidewalk due to a hazard that was man-made, proving the owner’s negligence, you should contact a personal injury attorney.
The personal injury attorneys at Contrada & Associates are available at 419.841.4400 and can help you with the premises liability legal process. Call our office today to review your slip-and-fall accident and learn what your legal options are.