While some slip and falls may result in minor discomfort, others may lead to far more serious consequences. If you have suffered injuries from a serious fall on another person’s property, you should speak with a Sandusky slip and fall lawyer. A personal injury attorney at Tittle & Perlmuter could assess the events leading up to your injury and determine whether the property owner or manager may be liable for your accident and resulting losses.
If a property owner owed the claimant a duty, breached that duty, and this violation was the cause of this person’s injuries, they may be eligible to pursue financial damages. Property owners owe varying legal responsibilities to individuals who enter their premises. Depending on whether a claimant was an invitee, licensee, or trespasser at the time of the accident could determine the outcome of a trip and fall case. In general, the injured claimant’s purpose for being on the property at the time of the incident could directly impact any claim for compensation.
Invitees are on a premises with the permission of the owner. A proprietor can give this permission either directly or implicitly. Proprietors have an obligation to invitees to take appropriate precautions when maintaining their property. A property owner should take reasonable action to locate hazards and make them known to invitees or take steps to fix them.
Licensees are persons who are allowed to be on the premises in the interest of personal gain. Property owners owe a slightly different duty to licensees, as their only requirement is to abstain from intentionally hurting these visitors unless the owner is aware that these individuals are on their premises.
If a property owner is aware of the licensee’s presence, they are required to use regular caution to prevent injury, and they must warn licensees of any dangers that are concealed on the premises.
Trespassers enter a premises without permission. Property owners must avoid intentionally or carelessly injuring trespassers, per Ohio Revised Code §2305.402. An attorney in Sandusky could review the details of someone’s slip and fall and advise whether they may have valid cause to file an injury claim based on their standing at the time of the incident.
Sometimes, a defendant in a slip and fall case may argue that the injured person is partially to blame for their damages. If the court determines that both the negligence of the property owner and the injured party contributed to the fall, this would not automatically bar compensation.
As long as the injured party’s percentage of negligence is 50 percent or less, they could still secure part of their monetary damages. For example, if a court assigns an injured person 40 percent of the legal blame for their tripping accident, they could still obtain 60 percent of their damages.
Depending on the type of fall and how serious their injuries are, an individual may be entitled to substantial compensation. A Sandusky lawyer could help a slip and fall claimant pursue compensation for damages such as lost income, medical bills, and ongoing treatment expenses. Payment for the individual’s pain and suffering, emotional distress, lost future earning potential, and loss of enjoyment of life also could be compensable in a court of law.
You should consider getting legal help if you sustained injuries in a recent trip and fall incident. A Sandusky slip and fall lawyer could advise whether you may have the right to recovery and help you seek full and fair damages for your losses. Call the attorneys at Tittle & Perlmuter today to schedule your initial consultation.