Dayton Slip and Fall Attorney

Dayton Slip and Fall Attorney

Doug Mann

Last updated on November 19th, 2024

Slip and fall accidents cause millions of injuries each year in the U.S., and they can cause devastating physical, emotional, and financial concerns for victims. Because of such serious repercussions, property owners are legally required to inspect their properties, fix hazards, and warn visitors to use caution when there are risks. When they don’t act accordingly, and you or a loved one suffer injuries, owners may be legally required to provide you with financial recovery. 

However, getting the negligent business or property owner to acknowledge fault and convincing their insurer to cover expenses can be extremely challenging without the help of an attorney.

That is where the legal team at Dyer, Garofalo, Mann & Schultz comes in. With over 31 years of experience, our firm has secured over $3 billion in settlements for clients facing life-altering injuries in Dayton, Ohio. Nothing makes us more fulfilled than giving victims a fighting chance to regain control of their future. Reach out to us today to discover how we can assist you in seeking justice.

Main Causes of Slip and Fall Accidents

Almost all tipping or slipping hazards can potentially lead to serious slip and fall accidents. When an accident results from negligence or hazardous conditions, victims can cite these causes to pursue compensation.  Here are the most common reasons such incidents occur:

Wet or Slippery Floors

Whether due to spilled liquids or recent cleaning, wet floors are a major cause of slip and fall accidents. Property owners are responsible for ensuring that walkways are free of slippery substances or clearly marked when wet to prevent injuries.

Uneven Surfaces 

Cracked sidewalks, broken tiles, or uneven carpeting can easily lead to an unexpected fall. These hazards are particularly dangerous for the elderly and disabled, whose balance may already be compromised. Falls from uneven surfaces account for a significant portion of workplace accidents, underlining the importance of proper maintenance.

Cluttered Walkways

Areas cluttered with items like boxes, wires, or debris can create serious tripping hazards. Businesses and property owners must ensure that hallways and walkways are kept clear to prevent accidents. Unfortunately, in many cases, negligence in housekeeping protocols leads to unnecessary risks for visitors and customers.

Poor Lighting

Dimly lit areas can make it difficult to see obstacles or changes in elevation, such as steps or uneven floors. Poor lighting is especially dangerous in stairwells, parking lots, and walkways, where a fall can result in severe injuries.

There can be many additional forms of negligence that lead to slip and falls and legal claims. If you believe your fall was the result of a business or property owner’s failure to maintain the premises, you should never wait to contact Dyer, Garofalo, Mann & Schultz. Our slip and fall lawyers represent clients with a wide range of injuries from these accidents, and we can assess your rights. 

Typical Injuries from a Slip and Fall

The injuries sustained in a slip and fall accident in Dayton can range from minor to life-threatening. Some may take much time to heal, while others may never heal at all.

Each year, thousands of people suffer injuries due to slips, trips, and falls, and many of these injuries require extensive medical treatment. According to the CDC, over 800,000 people are hospitalized annually due to falls, most of which involve head injuries or hip fractures. Common injuries from slip and fall accidents include:

• Fractures and broken bones. Fractured wrists, arms, ankles, and hips are frequent results of slip and fall accidents. Elderly individuals are particularly vulnerable, with falls being the leading cause of hip fractures in people over the age of 65.

• Head and brain injuries. Falls are the most common cause of traumatic brain injuries (TBI) among all age groups. These can range from mild concussions to severe brain damage that impacts cognitive functions, memory, and motor skills. Even a seemingly minor head injury can have long-term consequences.

• Spinal cord injuries. A fall can result in significant damage to the spine, sometimes leading to chronic pain and even paralysis. Spinal injuries often require extensive rehabilitation and may result in permanent disability which affects the victim’s ability to work or carry out daily tasks.

• Sprains and soft tissue injuries. Sometimes, falls and slips may cause sprains, torn ligaments, and strained muscles. While these may not seem severe at first, they can lead to long-term pain and mobility issues if left untreated.
• Cuts and bruises. While cuts and bruises might seem minor compared to other injuries, they can still require medical treatment, especially if they occur in sensitive areas like the face or if an infection develops.

Following a slip and fall accident, you need to seek medical attention immediately since some of these injuries may require extensive medical treatment to heal. Importantly, involve your slip and fall accident lawyer right away to help you initiate the legal process for seeking compensation for your injuries. They will assess your injuries to substantiate your claims and determine the value of your case.

How is Liability in a Slip and Fall Determined?

Determining liability in a slip and fall case in Dayton involves understanding the duty of care that property owners owe to their visitors and the nature of the visitor’s presence on the property. Property owners are required to maintain a safe environment for people who lawfully enter their premises. This duty of care varies depending on whether the visitor is an invitee, a licensee, or a trespasser.

Types of visitors in a property include:

• Invitees. These are individuals who enter the property for purposes that benefit the owner, such as shoppers in a store or patrons in a restaurant. Property owners owe the highest duty of care to invitees, which includes regularly inspecting the premises for hazards, fixing any dangers promptly, and warning invitees of any known risks.
• Licensees. These are visitors who enter the premises for their own purposes but with the owner’s permission, such as a salesperson. The owner must ensure that they do not willfully injure the licensees and should warn them of any hidden dangers that the owner is aware of.
• Trespassers. These are individuals who enter the property without any permission. Property owners owe the least duty to trespassers, primarily ensuring that they do not intentionally cause harm. However, there are exceptions, especially when children are involved, if they are attracted to the property by an ‘attractive nuisance’ like an unfenced swimming pool.

Importantly, you must prove that the property owner or responsible party was negligent. To prove negligence in a slip and fall case, you must demonstrate:

• The property owner was obliged to ensure the safety of the premises.
• The property owner was aware of or should have known about the dangerous condition.
• The property owner did not take reasonable measures to fix or warn about the condition.
• The dangerous condition directly caused your injuries.

Proving negligence for slip and fall claims involves gathering evidence such as photographs, witness statements, surveillance footage, and maintenance records. A slip and fall attorney from Dyer, Garofalo, Mann & Schultz can help build a strong case by thoroughly investigating your accident and identifying those at fault, ensuring all responsible parties are held accountable.

What is the “Open and Obvious Defense”?

In Ohio, property owners can use the “open and obvious” defense to avoid liability in a premises liability personal injury claim. This defense argues that the hazardous condition was so apparent that a reasonable person would have noticed and avoided it. 

For example, if a shopper slips on a clearly visible puddle of water in a store that has not been cleaned up but is in an obvious location, the property owner may claim the danger was “open and obvious.” The idea is that the victim should have been aware of the risk and taken steps to avoid it.

However, there are exceptions to this defense. For instance, if the property owner should have anticipated that the open and obvious hazard could still cause harm, they might be required to take action to prevent injury. An attorney can evaluate whether this defense applies to your case and fight back against it if necessary.

How Long Do I Have to File for a Slip and Fall Lawsuit?

If you’ve been injured in a slip and fall accident in Dayton, Ohio, it’s highly advisable to act quickly. This is because the statute of limitations, or the deadline to officially launch a personal injury lawsuit, is two years from the date of the accident. If you miss this deadline, you may lose your right to seek compensation for your slip and fall injuries.

However, some exceptions may apply, such as cases involving minors or when the injury wasn’t immediately discoverable. It’s essential to consult with a lawyer to understand how these deadlines affect your specific case. They will provide clear legal advice on when and how to file your lawsuit while ensuring you meet all necessary deadlines.

Learn How Our Dayton Slip and Fall Lawyers Can Help

If you’ve been hurt in a slip and fall accident in Dayton, don’t allow the negligent property owners and their insurers to tell you that you don’t qualify for any financial recovery. The attorneys at Dyer, Garofalo, Mann & Schultz are ready to put up a legal fight for your rights and help you get compensation for your losses. 

Our Dayton slip and fall attorneys will evaluate your case, investigate the facts of the accident, and file a claim to secure the best possible payout. Don’t delay — schedule a free consultatio  today to learn how we can help you reclaim your life.

Contact us or call us at 1.937.222.2222 for a free case evaluation.