Scott M. Kuboff, Esq. is a Chardon Slip and Fall Attorney with the law firm of Ibold & O'Brien who helps his clients receive fair and just compensation for injuries resulting from the negligence of others in creating, maintaining, or failing to repair or warn of a dangerous hazard or condition on their property.
In Ohio, a slip and fall or trip and fall claim is based upon the negligence of a landowner in creating, maintaining, or failing to repair or warn of a dangerous condition on the property. To prevail on a negligence action, a Chardon Slip and Fall Attorney must show:
(1) the existence of a duty,
(2) a breach of that duty, and
(3) an injury proximately resulting from the breach.
In slip and fall claims, the applicable duty is determined by the relationship between the plaintiff and landowner: business invitee, social guest, licensee, or trespasser.
“Invitees” are persons who rightfully come upon the premises of another by invitation, express or implied, for some purpose which is beneficial to the owner (e.g. a customer at a store). The duty owed to an invitee is one of ordinary care to maintain the premises in a reasonably safe condition and to warn of hidden dangers. This typically requires a duty to inspect the premises to identify dangerous conditions.
A Chardon Slip and Fall Attorney can prove the defendants’ breached their duty by establishing that (1) the defendants, through their agents, were responsible for the hazard; (2) the defendants had actual knowledge of the hazard and neglected to promptly remove it or give adequate notice of its presence; or (3) the hazard existed for a sufficient length of time to reasonably justify the inference that the failure to remove it or warn against it was attributable to a lack of ordinary care.
“Social guests” are people specifically invited onto the premises, however, not for any beneficial purpose to the landowner (e.g. a friend attending a BBQ). The duty owed to a social guest is to exercise ordinary care not to cause injury by any act of the host or by any activities carried on by the host while the guest is on the premises and to warn of hidden dangers.
“Licensee” is a person who enters another’s property by permission or acquiescence, for his own pleasure or benefit, and not by invitation (e.g. person walking across the sidewalk.) A landowner owes a licensee the duty to refrain from willful, wanton, or reckless conduct that is likely to cause injury and to warn of hidden dangers.
“Trespasser” is someone who is upon the premises without consent (e.g. burglar.) A trespasser only enjoys the duty to refrain from willful, wanton, or reckless conduct that is likely to cause injury.
Scott's representation of slip and fall victims is on a contingency basis, meaning you will pay NO ATTORNEYS FEES unless he recovers for you.
CHARDON SLIP AND FALL ATTORNEY SCOTT M. KUBOFF, ESQ. CAN HELP YOU RECOVER FOR YOUR INJURIES FROM A DANGEROUS CONDITION OR HAZARD.
If you have sustained an injury on someone else’s property, contact Scott, a Chardon Slip and Fall Attorney, for a no cost, no obligation consultation and case evaluation.