Property owners owe a duty of care towards every person who steps onto their property. That duty of care obligates the owner to provide a safe environment, and it’s not just about ice on sidewalks in winter. It is any dangerous condition that could lead to an accident and cause serious harm.
If you’ve been the victim of such an accident, you should not be expected to pay for any of your medical bills or time off from work. Those financial obligations should be shouldered by the property owner or their representatives who acted negligently. Of course, getting them to admit their guilt and having an insurance company comply is another matter.
That is where speaking with a Cleveland slip and fall lawyer from Thomas Law Offices can make a huge difference in your recovery. We have helped many clients recover compensation for a slip and fall accident. Our support begins with a free case evaluation and extends through a potential court proceeding, if necessary. Do you have a case? It will help to understand the full scope of what constitutes a slip and fall accident.
No matter where you travel outside your home, you have to be aware of your environment. Going into a grocery store or restaurant is no different than driving a car in terms of staying alert for potential hazards. Slip and fall accidents happen because of a variety of factors.
Which of the following common causes for a slip and fall accident relate to your claim?
When an obvious hazard at a business, office building, or someone’s home has caused you harm, you need to find out what your available options are for pursuing a remedy. The legal team at Thomas Law Offices is standing by to hear your story.
After slipping and falling at a business, your first instinct might be to accept the blame.
After all, accidents happen, right? Actually, when you go to a business, accidents shouldn’t happen. When they do, it may be due to the property owner’s negligence. One of the first factors to be established in these types of claims is your designation as a visitor and the owner’s obligation to keep their property safe.
Typically, you will be either an invitee or a licensee. Here’s the difference:
An invitee is really a customer or client. This is someone who comes onto a particular property with the purpose of conducting a business transaction that would benefit the owner. An invitee can be anyone who goes to the following:
Property owners owe the highest duty of care to an invitee. That means they need to take proactive measures to repair any potential tripping hazard. While those repairs are scheduled or underway, the property owner must also warn an invitee of a hazard. For example, if a jar of sauce breaks in a grocery store aisle, there needs to be warning signs posted to cordon off the area until an employee can clean the spill.
It’s important to note that you don’t have to complete a transaction to be considered an invitee. You could go into a store, take a fall on a wet floor, and not buy anything. That would still make the property owner obligated.
A licensee is someone who goes onto a property for their own benefit. This would mean anyone who goes to a private residence for a social gathering. A property owner is obligated to provide a warning for any hazard they are aware of.
The final category of a visitor is a trespasser. That is someone who does not have permission to be on the property. The owner owes no duty of care to a trespasser. However, they can’t set out to intentionally harm a trespasser. In that scenario, the property owner could be held liable.
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In order to prevail in a slip and fall claim, you and your Cleveland slip and fall lawyer need to gather the relevant evidence that supports your version of events. Here’s what you need to collect:
It is vital that you clearly show the dangerous condition that existed on the property at the time of your accident. The evidence you can utilize to prove that includes the following:
If you’re taking photos, it is ideal to capture images immediately after the accident, before any repairs or cleanup occur. Additionally, you might also need to present evidence of the type of footwear you wore at the time of the accident. You should bag up that footwear and not use it again until the matter is resolved.
It is possible that a property owner might claim they weren’t aware of a potential hazard. That might be true in cases where there is a spill on the floor. After all, by the time a spill occurs and a fall happens, there might not be time to notify management. However, there could be a record of prior complaints that went unanswered. Employees can also provide testimony about raising concerns.
All of that evidence can support establishing a property owner’s negligence.
You will also need to demonstrate the extent of your injuries due to the accident. That means you need to provide the following medical documentation:
In order to recover any amount of compensation, you must prove all the damages you incurred as a result of the slip and fall accident. These will either be economic or non-economic damages.
The Cleveland slip and fall attorney at Thomas Law Offices will be able to help with the collection of evidence and calculation of damages. When we present a claim on behalf of our clients, we don’t leave any room for doubt about what happened and who is to blame.
Yes. While Cleveland winters bring snow and ice, property owners still have a legal duty to take reasonable steps to keep their premises safe. If a business or property owner failed to remove ice, snow, or slush within a reasonable time, or they failed to warn visitors of known hazards, you may still have a valid claim despite the weather conditions.
You should not assume blame. Ohio follows a comparative negligence system, meaning you may still recover compensation as long as you were not more than 50% responsible for the accident. Even if you were distracted or wearing certain footwear, a property owner may still be liable if their negligence played a significant role in causing the fall.
There is no fixed time limit, but property owners must act within a “reasonable” period. For example, a spill that remains on a grocery store floor for an extended time without cleanup or warning signs may indicate negligence. Evidence such as surveillance footage or maintenance logs can help establish whether the owner had sufficient time to address the hazard.
Not always. You can succeed in a slip and fall claim by showing either that the owner knew about the dangerous condition or that they should have known through reasonable inspections and maintenance. Prior complaints, employee testimony, or evidence showing the hazard existed for a long time can help prove constructive knowledge.
Slip and fall accidents can cause serious injuries such as the following:
Even injuries that seem minor at first can worsen over time, which is why prompt medical evaluation and documentation are critical.
It is best to speak with an attorney as soon as possible. Evidence such as surveillance footage, maintenance records, and witness statements can disappear quickly. Early legal involvement helps preserve critical evidence and prevents insurance companies from shifting blame or minimizing your claim.
Slip and fall accidents are not just “unfortunate mishaps.” They are often the result of preventable hazards and property owner negligence. Proving liability requires detailed evidence, careful documentation of injuries, and a clear presentation of how the accident has affected your life financially and physically.
A Cleveland slip and fall lawyer from Thomas Law Offices can guide you through every step of the process. Our legal team helps our clients, from the initial investigation of the hazardous condition through negotiations with insurance companies. If necessary, we might consider the best course of action to be filing a civil complaint and taking the matter to a jury. We will only move forward with that option when we are confident that we’ll prevail.
If you were injured on someone else’s property in Cleveland, you deserve answers and accountability. Contact Thomas Law Offices today for a free case review and learn how we can help you pursue the full compensation you are entitled to under Ohio law.
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