When you head out to do some shopping, the last thing on your mind is getting injured. However, a slip and fall accident can happen unexpectedly, causing serious injuries and disrupting your life. At Monge & Associates, we understand the physical, emotional, and financial toll that a slip and fall accident can take. Our experienced slip and fall attorneys in Cincinnati, Ohio, are dedicated to helping you recover the maximum compensation for your losses, pain, and suffering.
We believe that you should not bear the burden of someone else’s negligence, and we are here to fight for your rights. Reach out to us today for a free consultation.
Why Choose Our Cincinnati Slip & Fall Attorneys?
- Since 1993, our nationally recognized attorneys have fought for the rights of injured people. We strive to achieve the best possible results for our clients, recovering millions of dollars in settlements and jury verdicts.
- After you suffer a severe injury, the last thing that you need to worry about is how to navigate the claims process. Our firm will handle every aspect of your claim on your behalf so that you can focus on healing and recovery.
- We understand that not everyone can afford to hire a Cincinnati personal injury lawyer, especially after an unexpected accident. That’s why we take every case on a contingency fee basis—you will not be obligated to pay any fees unless we win your case.
Cincinnati Slip and Fall Quick Resources
- How a Slip and Fall Attorney Can Help
- Common Causes of Slips and Falls
- Proving a Slip and Fall Case
- Winning Slip and Fall Cases
- Proving Negligence in a Slip and Fall Claim
- Potential Compensation in a Slip & Fall Claim
- What to Do After a Slip and Fall Accident
- Steps to Follow After a Slip & Fall Accident
- Contact a Slip and Fall Lawyer Today
How a Cincinnati Slip and Fall Accident Lawyer Can Help You
Having a qualified slip and fall accident lawyer by your side can make a significant difference in the outcome of your case. At Monge & Associates, our dedicated Cincinnati slip and fall lawyers have the knowledge, experience, and resources to handle all aspects of your claim.
We can help you in the following ways:
- Gathering evidence to support your claim, such as surveillance footage and witness testimonies.
- Establishing liability by identifying the responsible party, whether it’s a property owner, manager, or another party.
- Ensuring your case is not dismissed over a technicality by handling all legal procedures.
- Negotiating with large corporations and insurance companies on your behalf to protect your interests.
- Pursuing compensation for your legal fees, lost earnings, medical costs, pain and suffering, diminished quality of life, and incidental expenses.
- Preparing a strong case for litigation if a fair settlement cannot be reached.
- Advocating for your rights and fighting for the maximum compensation for your injuries, medical expenses, lost wages, and pain and suffering.
- Getting you more money in less time through effective negotiation strategies.
What Commonly Leads To Slips, Trips, or Falls?
Slips, trips, and falls can happen for a variety of reasons. Some common factors that commonly lead to these personal injury accidents include:
- Carpeting or rug issues: Loose or damaged carpeting and rugs can create tripping hazards.
- Misplaced items: Stumbles can occur when items aren’t put in their proper places. Objects left in walkways can cause individuals to trip and fall.
- Lack of lighting: Insufficient lighting can make it difficult to see potential hazards.
- Poor management: Negligent maintenance and upkeep of premises can contribute to accidents.
- Snow and ice: Winter weather conditions can create slippery surfaces.
- Spills: Liquids, oils, or other substances can lead to slips and falls when spilled on floors
- Wet flooring: Failure to address wet floors promptly can increase the risk of accidents.
Understanding these common causes can help you build a strong case for your slip and fall accident claim. Contact our lawyers if you’ve been injured, we are here to help.
Proving Liability for a Slip and Fall Accident
To have a claim against a property owner (or renter, in some cases) for your slip and fall, you must show that they are somehow at fault for your fall. In other words, you must show that the action or inaction of the property owner somehow was negligent and caused you to fall. You cannot sue someone else for your own carelessness.
When presenting a slip and fall case to a jury, the jury has to decide what percentage of the plaintiff is at fault and what percentage of the property owner is at fault. Often, a jury is likely to find that the property owner is half to blame and the injured person is half to blame; and in many states like Ohio with comparative fault systems, 50% fault on the part of the plaintiff means that the plaintiff gets nothing. According to NSFI, 87% of fractures among people over 65 lead to spinal cord injuries and brain injury symptoms. If you or a loved one is experiencing any symptoms after a fall please contact our Cincinnati spinal cord injury lawyer today.
When Are Slip and Fall Cases More Likely to Win?
Falls caused by clear construction defects often have the best chance of winning. However, liability for falls on slippery surfaces, such as on ice or spills, can vary. For example, during a snowstorm it might not be negligent for a shop owner to be unable to keep up with clearing the snow; but many hours after the snow has stopped, there is more of a chance that the shop owner will be found negligent.
Also, private property owners may have less of a duty to clear snow or other slippery surfaces than shop owners. Spills in stores that cause a fall may only be good cases if the spill has been there a while, and when you can prove that it has been there a while. In other words, a property owner or shop owner must have known about or had a reasonable amount of time to discover a spill before they can be held liable for not cleaning it up.
Proving Negligence in a Slip & Fall Case
Negligence is a fundamental concept in personal injury law, particularly in slip and fall cases. It refers to the failure to take reasonable care to avoid causing injury or loss to another person. If you plan on pursuing a slip and fall lawsuit, proving negligence is crucial as it establishes the responsibility of the property owner or occupier for the accident and the subsequent injuries and damages that you suffered.
Four key elements of negligence must be proven in a slip and fall case:
- Duty of Care: This element involves establishing that the at-fault party had a legal obligation to ensure the safety of the premises. In slip and fall lawsuits, this means proving that the property owner was responsible for maintaining a safe environment for visitors.
- Breach of Duty: A breach occurs when the property owner fails to meet their duty of care. This might involve neglecting to clean a spill, repair damaged flooring, or adequately warn of potential hazards, depending on the status of the visitor at the time of the accident.
- Causation: Causation links the breach of duty to the accident. It must be shown that the property owner’s negligence directly caused your slip and fall accident, leading to your injuries.
- Damages: The final element involves proving that you suffered damages, or quantifiable harm, due to the accident. This may encompass physical injuries, medical expenses, lost wages, pain and suffering, and other types of losses.
Property owners owe different levels of duty of care to various individuals on their premises, categorized as licensees, invitees, and trespassers. Licensees enter the property for their own purposes, such as social guests, and property owners must warn them of non-obvious dangers. Invitees, who enter for business purposes, are owed the highest duty of care, and the property owner is required to conduct regular inspections and repairs. Trespassers, who enter without permission, are owed the least duty; generally, the owner must only avoid causing intentional harm.
Potential Compensation in a Cincinnati Slip & Fall Claim
Compensation in slip and fall claims may cover a range of losses and expenses, helping make you whole following a damaging incident. There are two main categories of damages: economic, which involves financial losses, and non-economic, which involves physical and emotional pain and suffering.
Your attorney from Monge & Associates will help you identify all of the damages that you may qualify for and fight for the compensation that you deserve. Recoverable damages may include the following:
- Medical Expenses: Compensation for medical expenses aims to cover both current and future medical bills related to the injury. These may include costs for emergency treatment, hospital stays, surgeries, medications, and any ongoing medical care.
- Lost Wages: If the injury resulted in time off work, you have the right to claim compensation for any lost income. This includes wages or salary lost during your recovery period or while you were seeking medical care.
- Future Earnings: In cases where the injury leads to long-term or permanent disability, you may seek compensation for the loss of future earning capacity and the wages that you would have earned otherwise.
- Property Damage: If your personal property was damaged during the fall, such as glasses or clothing, you can claim compensation for repair or replacement costs.
- Disability Accommodations: If your injury causes a disability that requires home or vehicle modifications, such as wheelchair ramps, these costs can also be included in the claim.
- Pain and Suffering: This non-economic damage compensates for physical pain and emotional distress caused by the injury. You can recover compensation for mental anguish, chronic pain, permanent disability, and other effects that cannot be easily quantified.
Is it Worth Filing a Slip & Fall Claim?
Deciding whether to file a slip and fall lawsuit is an important, albeit daunting, decision. While this process may seem overwhelming, it’s important to remember that when negligence leads to injury, the victim should not have to bear the financial burden. Filing a slip and fall claim not only allows you to recover compensation for your damages but also holds negligent parties accountable for their actions.
By asserting your legal right to file a claim, you can seek justice for what happened to you and recover a fair settlement for your losses. If you accept the first settlement offered by the insurance company, you may not be able to financially recover from the accident. Filing a claim provides the best chance to recover full compensation, along with holding liable parties accountable and potentially preventing future accidents.
What To Do If You Are Injured in a Slip and Fall Accident
- Seek medical attention: If your injuries are serious, call an ambulance. For less serious injuries, see your doctor as soon as possible, especially if you hit your head.
- Notify the property owner or tenant: If you are in a commercial building, request to see the owner or manager on duty and obtain contact information
- Identify witnesses: Obtain contact information for all witnesses
- Take pictures of the scene: Use your phone to photograph the floor, surroundings, and any objects that caused your fall
- Preserve your clothing: Place the clothes and shoes you were wearing at the time of the accident in a bag as evidence
- Consult with an attorney: Consult an attorney before giving insurance adjusters (or other parties representing the property owner) a written or recorded statement before consulting with a qualified attorney
Steps to Follow After a Slip & Fall Accident
As mentioned above, there are several critical steps that you should take after a slip and fall accident. These actions not only provide essential documentation of the incident, but also lay the groundwork for a potential legal claim. For example, seeking medical attention helps document your injuries in a medical record, which is crucial for proving the extent and cause of your injuries. Reporting the incident to the manager or property owner establishes an official record of your fall, which you can leverage to substantiate your case.
Additionally, speaking to witnesses and taking photographs can capture crucial details of the scene that might otherwise be overlooked or forgotten. This evidence can be invaluable in demonstrating the conditions that led to your fall. Finally, contacting a lawyer can handle the legal process on your behalf and fight for your side of the story, helping you present the strongest case in court or at the negotiating table.
Contact a Cincinnati Slip and Fall Attorney at Monge & Associates
If you or a loved one was injured in a slip and fall accident in Cincinnati, don’t hesitate to reach out to Monge & Associates for a free case evaluation. Our experienced Cincinnati slip and fall accident attorneys are here to guide you through the claims process and fight for the justice and compensation you deserve.
Call us toll-free at (888) 307-5581, or get in touch with us online. The sooner you get us involved, the more we can help. We handle slip and fall accident cases on a contingency fee basis. This means you pay us no fee unless we recover compensation for you.