In Ohio, negligence law governs the majority of situations involving premises liability. Furthermore, in order to demonstrate negligence, a personal injury victim must show each of the following four criteria: duty, breach, damages, and causation. Detailed analysis of each is provided below by Groth & Associates.
When property owner disregards their responsibility of care, they “breach” their obligation. For instance, a pharmacy is responsible to its consumers to correct any risks that it is aware of or should be aware of. Imagine that a cup of water was spilled in an aisle and that the person either did not notice it or did not check the corridor for hours. In this case, it has violated its obligation by failing to clean up a spill that it should have known about.
Your lawyer can prove a breach by reenacting the events that led up to the slip and fall. Your lawyers can demonstrate how long the danger existed, who built it, and if the property owner was aware of it using witness testimony, security footage, and other evidence.
In Ohio, a property owner is responsible for keeping their property fairly safe for guests. However, the reason the wounded victim was on the property in the first instance will determine how far they were required to go.
For instance, if you were a client of a business, the property owner would be obligated to address any risks on the premises that they are aware of or ought to be aware of. However, suppose you were trespassing on someone else’s property. In that case, the responsibility just asks that they refrain from intentionally or carelessly hurting you unless it was a youngster who was attracted to the land by an appealing annoyance (like a swimming pool).
Damages include monetary and non-monetary losses incurred due to the decline. For instance, you would not have any injuries if all you did in the fall was tweak your funny bone. Any injury, though, that needs medical attention qualifies. Examining medical bills, prescription receipts, pay stubs, and other documentation can help us demonstrate damages.
Finally, your lawyers must prove a link between the defendant’s violation of its duty and your losses. This relationship might be relatively clear at times. There is a definite correlation between fracturing your skull and slipping on ice that a business owner neglected to remove off the pavement. A person cannot demonstrate a link if a heart attack occurs first, and then trip and fall.