Ohio Injury Due to Pothole Trip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Pothole Trip and Fall Injury throughout the State of Ohio.
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Ohio Pothole Trip and Fall Attorney: Injured in a Business Parking Lot?
Large, deep potholes in commercial parking lots and driveways are a significant hazard that commercial property owners and businesses in Ohio have a duty to repair. When they fail to fix these defects, the resulting trip and fall injuries can be severe and life-altering.
If you suffered an injury after tripping in a pothole on business property—whether at a shopping center, grocery store, or office building—our experienced Personal Injury Attorney team can help. We focus on premises liability claims for negligently maintained exterior grounds, holding property owners accountable under current Ohio statutes.
Business Responsibility for Parking Lot Potholes Under Ohio Law
Commercial property owners in Ohio owe their invitees (customers and lawful visitors) a duty of ordinary care to maintain their premises in a reasonably safe condition. This duty extends to the exterior grounds, including parking lots and driveways.
While liability for potholes can be complex, a business may be held liable for your trip and fall injury if we can prove they had notice of the hazard and failed to act:
- Actual Notice: The owner or an employee was directly aware of the pothole (e.g., received a complaint or wrote a maintenance request) but failed to repair it.
- Constructive Notice: The pothole existed for such a length of time that the owner should have discovered it through reasonable, routine inspections and fixed it.
- Creation of Hazard: The owner or their contractor caused the defect, such as improper resurfacing that quickly led to a deep pothole.
Challenging the "Open and Obvious" Pothole Defense
A frequent defense in pothole cases is the "open and obvious" doctrine, where the business claims the defect was large enough to be seen and avoided. We challenge this defense successfully by highlighting attendant circumstances recognized under Ohio law:
- Poor Lighting: Falls often occur at night or in areas of the parking lot where lighting is dim, making the depth and size of the pothole impossible to accurately judge.
- Distraction: A business's use of parking lot lines, signs, or maneuvering around vehicles naturally draws attention away from the ground immediately in front of the pedestrian.
- Obscured Hazard: The pothole may have been filled with water, snow, or fallen leaves, concealing its depth and size.
We work to prove that due to these circumstances, the pothole was an unexpected trap, not a clearly visible defect, thereby restoring the business's duty of care.
Evidence, Compensation, & Ohio's Statute of Limitations
We understand that potholes can cause devastating injuries, including broken ankles, knee damage, and head trauma. We move quickly to gather crucial evidence before the business makes repairs:
- Measurements & Photos: Documenting the exact dimensions (depth and width) of the pothole at the time of the fall.
- Maintenance Records: Obtaining inspection logs, repair invoices, and work orders to establish the business's notice.
- Lighting Surveys: Measuring illumination levels at the accident site to prove the defect was obscured.
Under Ohio's Modified Comparative Negligence law (R.C. 2315.33), we fight to minimize any claim that you were partially at fault for the fall, maximizing your recovery for medical expenses, lost wages, and pain and suffering.
The statute of limitations (R.C. 2305.10) for personal injury claims in Ohio is typically two years. Contacting an attorney immediately is crucial to preserving your evidence and legal rights.
Contact Our Ohio Personal Injury Attorneys Today
If you were seriously injured after a trip and fall in a pothole on a business property, you need experienced legal representation.