Mar 10th, 2021
Paulozzi Joseph

When you go into a grocery or other retail store that is open to the public for business in Ohio, the law presumes you have the permission of the property owner or manager. Legally you are an invitee. While you have made the choice to go onto the premises of a particular business, the fact that the business owner has invited you there makes the owner responsible to provide a reasonably safe environment for you to shop in.

If there were conditions at the property that caused you to fall and those conditions were unsafe or could not have otherwise been expected by you, a Cleveland slip and fall attorney can help you recover from the business owner.

Responsibilities of Business Owner/Manager

Ohio law presumes that business owners benefit from having shoppers come to their businesses and owners must therefore keep the business areas in a reasonably safe condition.

Business owners may be responsible for injuries from falls when

  • they should have known about the hazard
  • they knew about the hazard and failed to correct it
  • they caused the hazard

You are to be warned of any dangers existing on the property that might be hidden or not apparent.  However, the law considers you to be aware of any potential dangers that are ‘open & obvious’. Falling as a result of a danger that would be known to you as dangerous under ordinary circumstances is not considered the responsibility of the business owner.

Premises Conditions That Can Cause Slip & Fall Accidents

Some types of premise conditions that are generally considered the responsibility of the business owner include:

  • Slipping hazards – fluids on the floor
  • Tripping hazards – uneven floors, doorways
  • Overhead hazards – dripping pipes, falling debris
  • Unstable walkways, steps, stairs
  • Mechanical or electrical equipment malfunctions

Your Responsibilities as an ‘Invitee’

As an invitee on business premises, you need to pay reasonable attention to the circumstances existing at the location. If there are warnings, you need to heed them. If reasonable people would have been aware of the hazard, you will be charged with that knowledge even if you did not have actual awareness of the situation.

You may be able to point to attendant circumstances for your failure to realize an open and obvious danger. Such circumstances would prevent any reasonable person from being able to avoid the danger and would not be due to your own inattention to the situation.

Why You Need a Good Premises Liability Attorney

Slip and fall cases can be hard to prove because the responsibility for your injuries is going to depend on who knew or should have known what and who had the greater responsibility to do something about it. Thus, the outcome of these cases is based on the facts that existed at the time of the incident, and establishing what those facts are is critical to your ability to recover from your injuries.

At Paulozzi LPA, we have skilled Cleveland slip and fall lawyers that can convince a court the business owner failed to provide the reasonably safe environment you were entitled to and get you the compensation you deserve for your injuries. Contact us for a free consultation by clicking here or calling us at 888-710-0040.

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