Slip and Fall

Slip and Fall

Slip and Fall Attorneys Columbus OH

Slip and Fall Attorneys Columbus OH

Falls are the leading cause of traumatic brain injury in the United States, and the second-leading cause of spinal cord injury after motor vehicle crashes. More than 41,000 Americans aged 65 and over died from a fall alone in 2023, according to the CDC. Obtaining compensation for a fall is still an uphill battle. Juries often assume that anyone suing over a fall is exaggerating, and Ohio law gives property owners several powerful defenses before a case even reaches a verdict.

  • From my first meeting with Mark Kitrick, I had total confidence in him and trusted him to guide me through this unfamiliar process of litigation. Because I am a woman of faith, it was incredibly important to me to have a person of integrity and character represent me. I found that with Mark. Until you go through something like this, you may not understand how important it is to be guided in the right direction. Mark Kitrick’s manner is so gentle, yet highly professional. He is approachable, and very sensitive to what you’re experiencing. You think of him as a friend who is looking out for you and will always keep your best interests in mind.
    Patti E.

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What Causes Most Slip and Fall Accidents

Roughly 75% of slip and fall accidents can be traced back to hazards that the property owner could have prevented, rather than something the injured person did wrong. Some of the most common causes include:

  • Unsafe property layout or design
  • Lack of routine maintenance
  • Slippery surfaces caused by spilled liquids, leaks, or weather conditions
  • Broken or uneven flooring, stairs, and curbs – often the source of serious falls
  • Inadequate lighting

Which of these matters less than the place where the fall occurred? Ohio law treats falls at grocery stores, workplaces, and federal buildings as three separate legal claims, each with their own set of rules.

Who You Can Sue Depends on Where You Fell

A Business, Restaurant, or Other Private Property

If you fall in a restaurant due to a spilled drink, you may typically file a premises liability claim against the owner. Ohio law requires businesses to keep their premises reasonably safe for customers and to warn or fix hazards they are aware of. This is the most common type of slip-and-fall claim, and this is what most people think of when they consider premises liability.

Your Workplace

A fall at work is usually not a lawsuit at all. According to R.C. 4123.74, an employer with workers’ compensation coverage is generally protected from a direct injury lawsuit – the tradeoff for a no-fault system that pays regardless of fault. One exception: under R.C. 2745.01, deliberate intent by your employer to injure you may support a separate lawsuit. Ohio courts interpret this standard strictly. Even reckless safety violations are usually not enough on their own.

Proving Your Case Under Ohio Premises Liability Law

Ohio law sorts every visitor to a property into one of three categories. The category that applies to you determines how much protection you receive.

  • Invitees – customers and other visitors present for the owner’s benefit, owed the highest duty of care
  • Licensees – social guests on the property with permission but no business purpose
  • Trespassers – people on the property without permission, owed only the duty not to be intentionally harmed

Most slip and fall clients are invitees. Under Paschal v. Rite Aid Pharmacy, Inc., 18 Ohio St. 3d 203 (1985), business owners have a duty to make the premises reasonably safe, warn about hidden dangers, and check for hazards that they don’t know about yet. To win, you will generally need to show one of the following:

  • The owner or an employee directly caused the hazard.
  • The owner had actual knowledge of the hazard and failed to correct it.
  • The hazard existed for so long that a reasonably cautious owner should have noticed it – what Ohio courts refer to as constructive notice.

Comparative Negligence: How Shared Fault Affects Your Payout

Even a strong case can shrink or disappear based on your share of the blame. Ohio follows a modified comparative negligence rule under R.C. 2315.33. If you are found 50% or less at fault for your fall, you can still recover damages – your award just gets reduced by your percentage of fault. However, if you cross the 51% line, Ohio law prohibits you from recovering anything. Lawyers call this the “51% barrier,” and insurance adjusters rely heavily on it during settlement talks.

How Long You Have to File in Ohio

Under R.C. 2305.10, you have two years from the date of your injury to file a personal injury lawsuit in Ohio, whether it happened at a store, workplace, or government property. If you miss that deadline, the case will be dismissed no matter how strong the evidence is.

  • From the moment I walked into Mark Kitrick’s office until the day my case was settled, I was impressed by the high degree of professionalism he demonstrated and grateful for the compassion he showed. The way he managed my case was simply outstanding. Mark Kitrick was able to successfully handle a complex situation that involved litigation in two states. In the process, he made a heartbreaking situation more bearable.
    Jean W.

Experienced Attorneys by Your Side From Start to Finish

We understand how overwhelming it can be to suffer a serious injury and navigate a confusing legal system. That’s why we’re here to help you from the start. Our team of four attorneys has a combined 96 years of experience recognized by Best Lawyers and Super Lawyers. We thoroughly investigate every case with outside experts to determine the full extent of your injury or loss.

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Get Experienced Help With Your Ohio Slip and Fall Claim

A slip and fall accident in Ohio rarely hinges on the actual fall itself – it hinges on notice, timing, and which set of laws apply to the property where the incident occurred. Kitrick, Lewis & Staley-Sladek have spent more than 30 years helping to untangle these exact types of cases for injured Ohio residents. Contact us today to schedule a free consultation.

Common Slip and Fall Accident FAQs

Get medical attention even if the injury seems minor. Photograph the hazard, the surrounding area and your injuries before anything changes and get contact information for any witnesses. Report the fall to the property owner or manager and ask for a written incident report.

Yes, as long as you are found 50% or less at fault, Ohio’s comparative negligence rule under R.C. 2315.33 reduces your award by the percentage of your fault rather than barring your claim outright – unless your share exceeds 51%.

In almost every case, it’s workers’ compensation, not a lawsuit. Ohio employers who carry workers’ comp coverage are generally immune from injury lawsuits under R.C. 4123.74. A direct lawsuit is only possible if your employer deliberately intended to injure you.

You would file a claim under the Federal Tort Claims Act rather than a standard Ohio lawsuit. This means submitting an administrative claim to the relevant federal agency first and waiting up to six months for a response before a lawsuit becomes an option.

Two years from the date of the fall under R.C. 2305.10, that deadline applies whether the fall happened at a business, a workplace or on government property. Though FTCA claims against the federal government follow their own separate timeline.

It’s a rule that allows a property owner to avoid liability if the hazard that caused your fall was so obvious that you should have reasonably seen and avoided it. Insurance companies constantly raise this issue, and it often becomes the deciding factor in Ohio slip-and-fall cases.

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