Ohio Injury Due to Slippery Outdoor Surface Slip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Slippery Outdoor Surface Slip and Fall Injury throughout the State of Ohio.
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Ohio Algae and Moss Slip and Fall Attorney: Dangerous Outdoor Decks & Patios
Outdoor surfaces like decks, patios, and walkways at restaurants, hotels, and businesses in Ohio are meant for customer enjoyment. However, when these surfaces are neglected, the buildup of slippery algae or moss creates an invisible and extremely dangerous slip and fall hazard.
This biological growth is a clear indicator of poor maintenance, and when it causes a severe injury, the property owner is legally responsible. If you suffered a serious injury after slipping on a slimy, untreated outdoor surface, our experienced Personal Injury Attorney team specializes in premises liability claims involving negligent exterior maintenance under Ohio law.
Business Duty to Maintain Safe Outdoor Surfaces in Ohio
Ohio commercial property owners owe their customers (invitees) a duty of ordinary care to maintain all parts of their premises, including outdoor decks and patios, in a reasonably safe condition. Unlike sudden spills, the growth of algae or moss is a gradual process that is easily foreseeable and preventable with routine cleaning.
To establish liability for a slip and fall on a biological hazard, we focus on proving the business had Constructive Notice of the danger:
- Constructive Notice: The algae or moss growth was visible and extensive, indicating it had been present for a sufficient length of time that a business, performing reasonable, routine exterior inspections and cleaning, should have discovered and removed the slick substance.
- Creation of Hazard: In some cases, the owner’s choice of materials (e.g., certain unsealed wood or porous stone) combined with poor drainage created the perfect environment for slippery growth, demonstrating structural negligence.
- Foreseeable Risk: The presence of moisture and shade makes the growth of these organisms highly foreseeable, requiring a proactive maintenance schedule rather than waiting for an injury to occur.
Countering the "Open and Obvious" Defense
Defendants often attempt to use the "open and obvious" doctrine to argue that the algae or moss was visible. We effectively challenge this defense in several ways:
- Hidden Hazard: The slickness of the algae or moss is often not visually apparent; it may appear only as a slight discoloration or darkening of the wood or pavement, concealing the extreme lack of traction beneath.
- Attendant Circumstances: Customers are reasonably distracted by seating, views, or social activities on a patio or deck, drawing their focus away from the floor.
- Lack of Warning: The business failed to use signs or barriers to warn patrons that the outdoor walking surface had become slippery due to biological growth.
Evidence, Compensation, & Ohio Statutes (R.C. 2315.33)
We work quickly to document the condition before the business cleans the area. Key evidence includes:
- Photos and Samples: Detailed photographs showing the extent and nature of the algae and moss growth, proving it was substantial and long-standing.
- Maintenance Records: Obtaining logs and contracts to prove the business failed to hire or execute routine cleaning (pressure washing, chemical treatment) necessary for outdoor surfaces.
- Expert Analysis: Consulting with safety experts to confirm the walking surface's coefficient of friction was dangerously low due to the organic growth.
Under Ohio's Modified Comparative Negligence law (R.C. 2315.33), we fight defense attempts to shift blame, ensuring you recover maximum compensation for your fractures, head injuries, and other trauma caused by the slip.
The statute of limitations for most Ohio personal injury claims (R.C. 2305.10) is two years. Do not delay; the longer you wait, the harder it is to prove the extent of the negligence.
Contact Our Ohio Personal Injury Attorneys Today
If you were seriously injured in a slip and fall on a slippery outdoor deck or patio due to algae or moss at an Ohio business, contact our firm for immediate assistance.