Ohio Injury Due to Cracked - Broken Sidewalks Trip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Cracked - Broken Sidewalks Trip and Fall Injury throughout the State of Ohio.
Call TOLL FREE: (800) 848-5297 today to schedule a Free Consultation with on of our Experienced Trip and Fall Personal Injury Attorneys.
Ohio Broken Pavement Trip and Fall Attorney: Injured on Cracked Sidewalks or Uneven Asphalt?
Cracked, broken, or uneven sidewalks and parking lots are common outside of Ohio businesses, but they are not excusable. When a property owner fails to repair or warn against hazardous outdoor surfaces, the resulting trip and fall injuries can be severe.
Our Ohio Personal Injury Attorney team focuses on premises liability claims involving defective exterior grounds. We understand the specific nuances of Ohio law regarding sidewalk ownership and the liability of commercial property owners for failing to maintain a reasonably safe premises for their customers and visitors.
Commercial Property Liability in Ohio for Defective Pavement
While liability for sidewalks in front of private residences can be complex, commercial property owners (such as grocery stores, shopping centers, or office buildings) owe a high duty of care to their invitees (customers, clients, and guests).
This duty includes:
Inspection: Regularly inspecting their parking lots, sidewalks, and entryways to discover dangerous conditions like cracked pavement or broken concrete.
Repair or Warning: Promptly repairing known or foreseeable hazards, or placing clear warnings (cones, signs) until repairs can be made.
If a property owner or business fails to take these reasonable steps, and you are injured due to a defect like a raised sidewalk section or a hidden pothole, they may be found negligent and liable for your damages.
The "Open and Obvious" Defense and the "Minor Variation Rule"
Property owners frequently use two key defenses in these cases:
The "Open and Obvious" Doctrine: This asserts that the cracked or broken sidewalk was clearly visible, and a reasonable person should have avoided it.
The "Minor Variation Rule" (often referred to as the "2-inch rule"): Ohio case law has historically held that minor defects—often variations in pavement height under two inches—may not impose a duty of care, as these are considered common and foreseeable imperfections.
How We Overcome These Defenses:
Attendant Circumstances: We demonstrate that other factors (attendant circumstances) made the defect not open and obvious. Examples include poor lighting, distractions (like advertising or displays), or the defect blending with the surrounding pavement.
Proof of Unreasonable Hazard: We use expert testimony and measurements to prove that the broken pavement was a significant and unreasonable hazard that the business had an affirmative duty to address, regardless of its exact height. The $2$-inch height is a general guide, not an absolute bar to recovery.
Key Evidence to Establish Negligence
Building a strong case against an Ohio business requires immediate investigation to prove they had actual or constructive notice of the dangerous condition:
- Photographic Evidence: Documenting the size and depth of the cracked sidewalk, pothole, or uneven surface immediately after the fall.
- Maintenance Records: Obtaining records of past repairs or complaints to prove the business was aware of the hazard (actual notice).
- Inspection Protocols: Reviewing the business's inspection logs to show a failure to regularly check the exterior grounds (constructive notice).
- Witness Accounts: Collecting testimony from people who saw the accident or who previously noticed the dangerous condition.
Seeking Maximum Compensation Under Ohio Law
A trip and fall on defective exterior pavement can lead to severe injuries such as fractures, knee or ankle damage, concussions, or head trauma. We are dedicated to maximizing your compensation for all damages suffered:
- Medical Expenses: Hospitalization, surgery, rehabilitation, and future medical care.
- Lost Income: Wages lost during recovery and future loss of earning capacity.
- Pain and Suffering: Compensation for the physical and emotional toll of your injury.
The Statute of Limitations is Critical (R.C. 2305.10)
In Ohio, the statute of limitations for most personal injury claims, including those involving trip and fall accidents, is generally two years from the date of the injury. It is vital to consult with an attorney as soon as possible to ensure your rights are protected and evidence is preserved.
If you or a loved one suffered a serious injury from a trip and fall on cracked or broken sidewalks at an Ohio business, do not delay. Contact our experienced legal team for a free, confidential consultation.