Ohio Injury Due to Poor Drainage Slip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Poor Drainage Slip and Fall Injury caused by standing water on walking surfaces throughout the State of Ohio.
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Ohio Poor Drainage Slip and Fall Attorney: Injured by Standing Water?
Standing water on sidewalks, ramps, or in parking lots is often a direct result of poor drainage—a maintenance failure that creates a severe slip and fall hazard. When rain or spills fail to drain properly and accumulate into large puddles, the property owner may be held liable for resulting injuries.
If you suffered a serious injury after slipping on standing water caused by a defectively maintained drainage system at an Ohio business, our experienced Personal Injury Attorney team can help. We focus on premises liability claims, targeting negligence related to maintenance and structural defects.
Business Liability for Standing Water Under Ohio Premises Law
Ohio commercial property owners owe a duty of ordinary care to their invitees (customers and guests). While property owners are generally not liable for every patch of water, they are liable when poor drainage creates an unnatural and dangerous accumulation of water.
A business may be held liable for a slip and fall injury on standing water if we prove the water accumulation was not a natural occurrence but the result of a defect in the property's structure or maintenance, such as:
- Defective Gutters or Downspouts: Directing large amounts of water onto a walking surface where it cannot drain.
- Clogged or Broken Drains: Failing to clean or repair drain systems, causing water to back up and pool.
- Uneven or Depressed Pavement: Neglecting to repair pavement that allows water to pool into deep, hazardous puddles instead of running off.
In all cases, we must prove the business had Actual Notice or Constructive Notice of the defect causing the poor drainage and failed to remedy it.
Challenging the "Open and Obvious" Defense
Defendants often argue that a large puddle or area of standing water is "open and obvious" and should have been avoided. However, this defense can often be defeated in poor drainage cases:
- Hidden Depth: The surface of the water can conceal the unevenness or depth of the underlying pavement defect, making the hazard worse than it appears.
- Icy Conditions: In colder months, the standing water caused by poor drainage often freezes, creating an unexpected patch of unnatural ice—a clear exception to the "natural accumulation" rule.
- Poor Lighting: Shadows, glare, or dim lighting can prevent a customer from seeing the water or accurately judging the walking surface's condition.
We work to demonstrate that the poor drainage defect created an unreasonable risk of harm that the business had a duty to address, restoring their liability for your injury.
Evidence, Compensation, & Ohio's Statute of Limitations
To successfully pursue a claim, we immediately focus on evidence proving the drainage system's failure:
- Engineering Reports: Consulting with civil engineers to assess the slope of the pavement and the function of the drain system.
- Maintenance Records: Obtaining logs that show the frequency of drain cleaning and reports of prior flooding or pooling issues (establishing notice).
- Photos & Video: Documenting the extent and depth of the standing water and the surrounding structural defects.
Under Ohio's Modified Comparative Negligence law (R.C. 2315.33), we aggressively defend against claims of victim fault, ensuring maximum recovery for your medical costs, lost wages, and pain and suffering.
The statute of limitations (R.C. 2305.10) for personal injury claims is generally two years in Ohio. Delay can jeopardize your case, as property owners often quickly repair drainage issues after a fall.
Contact Our Ohio Personal Injury Attorneys Today
If you were seriously injured in a slip and fall on standing water caused by poor drainage on a business property, contact our dedicated legal team.