Ohio Complaint for Fall On Stairs
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How to fill out Complaint For Fall On Stairs?
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FAQ
This is a legal obligation derived from the Health and Safety at Work Act 1974. As such, if you have fallen down a flight of stairs in the workplace, you could be compensated if: Your employer has failed to uphold their duty of care i.e. they've been negligent. You fell down the stairs as a result of their negligence.
Statute Of Limitations for Slip and Fall Cases A statute of limitations is the time within which you can file your lawsuit after your injury occurred. In Ohio, under Oh. Rev. Code § 2305.10(A), the statute of limitations for personal injury claims, including slip and fall claims, is 2 years.
Most premises liability cases in Ohio are brought under the law of negligence. And a personal injury victim must prove four elements to establish negligence: duty, breach, damages, and causation.
In plain English, if you think a property owner is responsible for your injuries and other losses stemming from a slip and fall incident, you must get any lawsuit filed against that person (or business) within two years, and the "clock" starts running on the date the slip and fall occurred.
Specifically, Ohio Revised Code section 2305.10 says "an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues" (emphasis added).
If the injured person had or should have had the same knowledge of the hazardous condition as the property owner, the hazard is said to be ?open and obvious? and the injured person cannot recover damages. Ohio's open and obvious doctrine is an objective test.
Failure to properly clear stairs of snow and ice in the wintertime can make someone liable for an accident that occurs on their steps. Property owners are responsible for clearing their own steps. As long as they're aware that the hazard is present, they can be considered liable.