What Is Contributory Negligence In Ohio? Does That Factor Into Slip And Fall Or Trip And Fall Cases At All?
Ohio is a comparative negligence state. As a result, there could be comparative negligence in slip and fall cases. That means you can recover for partial fault, unless you’re more than 50% negligent. For instance, if you were carrying a lot of things, which contributed to your slip and fall, some negligence could be attributed to you. If you’re found to be 20% negligent, you can still recover. Let’s say your damages are $100, but you’re 20% negligent. The court would then attribute 20% of the fault, and you could recover 80% of the $100 in damages. In Ohio, that is comparative negligence or comparative fault. As long as you are not more than 50% responsible, you can recover.
Comparative fault also applies in automobile accidents. If you are in an automobile accident where you’re partially at fault, you could still recover as long as you’re not more than 50% at fault.
What Do You Say To Someone Who Is Hesitant To File A Personal Injury Claim Because They Know The Business Owner Or It’s A Friend’s Property? How Do You Advise Them That They Are Not Necessarily Suing Them Individually And Should Still Proceed With The Claim?
If you get hurt on the property of someone you know, you needn’t be hesitant to file a claim that does not pursue damages in excess of their insurance. For example, if you get bit by your friend’s dog, and decide to file a claim with your health insurance instead, your health insurance will often send a questionnaire asking where the incident took place. Did it happen on someone’s property? What are the circumstances of this injury? Consequently, your insurance company may pursue your friend’s insurance to get their money back.
In other words, the claim is still going to be made. You’re not saving your friend the hassle of getting a claim filed against them. People get nervous about that but you do not have to pursue damages in excess of coverage. Going after someone’s personal assets is what usually bothers people, and I don’t blame them.
How Often Do Slip And Fall Or Trip And Fall Personal Injury Cases Result In A Settlement Outside Of Trial Or Court?
Settling a slip and fall or trip and fall case outside of court varies. In Ohio, mediation programs have become more frequent. In civil cases, they encourage mediation prior to going to court. That’s been very helpful. It allows the two sides to sit down and see if there are any areas where they can agree. That eliminates the number of cases that actually require long court proceedings. Because of the constraints with the pandemic, things are very different. Much is being done on the phone, and it’s been a bit difficult. In personal injury case, you’re entitled to a jury. And so, how do you manage that during a pandemic? Courts are doing their best to accommodate litigants.
In fall cases, what you’re generally arguing is whether the landowner is responsible. Was there a dangerous defect existing on the property? Were they responsible? If so, we often file those in court. However, in cases where you don’t know if the property owner is liable, the defense will usually file a motion for summary judgment. A motion for summary judgment tells the court that the claimant will not recover because there is no liability even if everything the victim says is true. For example, a motion for summary judgment could be filed by the defense for a slip and fall case involving snow that says, “No matter how hurt this person is, they’re never going to be able to recover under Ohio law because of the natural accumulation of ice and snow.” If I can win that motion in court, then we are entitled to a trial.
Fall cases are the ones that I file in court the most. Fault in an automobile case is much more obvious because of the traffic laws. For instance, you have to stop at a stop sign. If you fail to stop at a stop sign, there isn’t much argument that you’re at fault. If you go through a red light and cause an accident, you’re at fault. However, if there is a defect, and you argue that there is no defect, who settles that? If you cannot agree, you have to file that case in court. Fall cases are not as clear-cut in liability compared to other cases. You have to argue what’s reasonable under the circumstances. What’s reasonable under the circumstances changes in every situation.
For more information on Slip-And-Fall Cases In Ohio, a free no obligation consultation is your next best step. Get the information and legal answers you are seeking by calling (330) 422-8686 today.
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