Whether at work or in a store, slip and fall incidents are quite common. Regardless of the cause, if a person is hurt because of a fall, the business owner or employer might be liable for their injuries. Determining a fair settlement is done by considering factors such as liability and negligence. Read further to learn how a Slip And Fall Accident Attorney in Dayton OH will help clients get the damages to which they are entitled.
Negligence
The doctrine of negligence refers to a defendant’s unreasonable actions that put others’ safety at risk. In some cases, dangerous situations are created by leaking ceilings, potholes, and uneven surfaces, and the key attribute is whether a reasonable person should have been able to identify and improve the condition. Plaintiffs and their attorneys must prove that the at-fault party could have prevented the accident, but did not do so. While the plaintiff has the burden of proof, the case’s facts will help determine the level of negligence involved.
Liability
To prove an employer or business owner’s liability, that person must have a legal responsibility for the premises and events occurring within. Typically, a defendant would assume liability for injuries is happening on site, unless their insurance relieves them of such liabilities.
Contributing Actions
While existing conditions may have caused the slip and fall incident, a plaintiff must be guilt-free to assign sole liability to a defendant. If a victim contributed to his or her injuries in any way, they must accept partial blame, absolving the business or property owner of full responsibility. In Ohio, if a plaintiff is more than 50% responsible for their injuries, they are barred from recovery.
Compensation Categories
In most slip and fall cases, general compensatory damages are given. These awards are designed to compensate victims for non-monetary damages such as:
* Pain and suffering
* Mental anguish
* Lost companionship
In cases where expenses are incurred because of an injury, special compensatory damages are given with the goal of putting the plaintiff in the same position they were in before the accident.
There are numerous factors to consider in determining a slip and fall settlement. While liability and negligence are crucial discovery components, the plaintiff must be free from blame. To find more information or to schedule a consultation with a Slip And Fall Accident Attorney in Dayton OH, call today.
