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What to know before making a slip and fall claim

On Behalf of | Jan 24, 2019 | Firm News, Personal Injury

Ohio weather can be unpredictable. A sudden rainstorm can cause a ceiling to leak, or a snow squall can make sidewalks and entryways slick. If you slip and fall while on someone else’s property, there may be grounds for a claim, depending on the circumstances. At Triplett McFall Wolfe Law, LLC, our team often represents accident victims, helping them get the compensation they deserve.

According to FindLaw, people get hurt every day due to slipping and falling. It can be difficult to prove negligence on the part of the property owner. Before taking the case to court, you need to ask if there were steps taken to maintain reasonable safety conditions? The law requires property owners to ensure their property is free from dangerous conditions, within reason. It also considers whether the person who fell was taking appropriate precautions in their specific situation. 

If you decide to make a legal claim, you typically must illustrate at least one of the following:

  • That the owner or employees knew of the danger and did nothing to correct it
  • That the owner or employees should have known about the danger and taken steps to repair it
  • That the property owner or employee caused the dangerous conditions

Business owners generally make an effort to maintain a safe environment for their customers. Proving “should have known” is difficult, as it requires corroborating evidence and convincing arguments. If your case goes to trial, it may be up to a jury whether you prove your claim of negligence. Visit our webpage for more information on this topic.