"When I was injured due to inadequate security at a retail center in Columbus, I felt completely lost. This firm quickly stepped in, investigated the facts, and held the property owner accountable for their negligence. They treated my case with dignity and professionalism, securing a settlement that covered my medical bills and lost wages. I highly recommend them for any crime-related injury on someone else's property."
Injury Due to Uneven Flooring Trip and Fall: Personal Injury Attorneys Protecting the Rights of Individuals throughout The State of Ohio
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Ohio Injury Due to Uneven Flooring Trip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Uneven Flooring 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 Uneven Flooring Trip and Fall Attorney: Injured by Buckling Carpet or Warped Floors?
When flooring inside an Ohio business is poorly maintained—resulting in buckling carpet, cracked tiles, warped floorboards, or raised transition strips—it creates a dangerous trip and fall hazard. These unexpected changes in elevation can cause serious injuries that may require extensive medical care.
Our experienced Personal Injury Attorneys in Ohio specialize in premises liability claims involving defective and uneven flooring. We are dedicated to holding negligent business owners and property managers accountable for failing to maintain a safe environment for their patrons.
Uneven Flooring and Ohio Premises Liability Law
Under Ohio law, business owners owe their customers and other lawful visitors (invitees) a duty of ordinary care to keep the premises in a reasonably safe condition and to warn of hazards that the invitee should not be expected to discover.
A business may be held liable for a trip and fall injury on uneven flooring if we can prove they were negligent by establishing one of the following:
Actual Notice: The owner or an employee knew about the buckling carpet or warped floor hazard but failed to repair it or place a warning sign.
Constructive Notice: The uneven condition existed for such a length of time that the owner should have known about it through reasonable inspection and maintenance practices.
Creation of Hazard: The business, through its own actions (e.g., faulty installation, incorrect repairs), created the dangerous flooring condition.
The Challenge of the "Open and Obvious" Defense
Property owners often try to use Ohio's "open and obvious" doctrine to avoid liability. This defense asserts that the hazard was so apparent that a reasonable person would have seen and avoided it.
However, this defense is often defeated in uneven flooring cases:
- Unexpected Hazards: Changes in flooring elevation (like a small rip in a carpet or a quarter-inch difference in a transition strip) are often not obvious, especially when they are the same color as the surrounding floor or are located in an area with dim lighting.
- The "Minor Variation Rule": While not explicitly codified in the Revised Code, Ohio case law has sometimes considered a hazard a minor, non-actionable condition. Our job is to prove that the flooring defect (the warped floorboard or buckled carpet) was a substantial, foreseeable risk that breached the business's duty of care.
Key Evidence in Trip and Fall Cases
To overcome defenses and secure maximum compensation, we move quickly to gather and preserve critical evidence:
- Photos and Measurements: Documenting the exact nature of the defect (e.g., the height of the warp, the size of the tear) immediately after the fall.
- Maintenance Records: Obtaining inspection and maintenance logs to prove the business either knew about the hazard or failed to conduct routine safety checks.
- Witness Testimony: Securing statements from witnesses who saw the fall or who can testify about how long the uneven flooring condition existed.
- Building Codes: Consulting local and state building codes to determine if the flooring violated any safety standards related to carpet installation or elevation changes.
Ohio’s Comparative Negligence Rule (R.C. 2315.33)
Be aware that the business’s insurance company may argue that you were partially at fault for not watching where you were walking. Under Ohio’s Modified Comparative Negligence law, you can still recover damages as long as you are found less than 51% at fault. Your compensation will be reduced by your percentage of fault. We vigorously defend against claims that unfairly place blame on the victim.
Recovering Damages for Your Trip and Fall Injuries
A fall caused by uneven flooring can result in severe injuries, often involving the knees, hips, hands, or head. We fight to ensure you receive full compensation for all your losses, or "damages," which may include:
- Extensive Medical Expenses: Hospital stays, surgical costs, physical therapy, and future medical needs.
- Lost Wages and Earning Capacity: Income lost during recovery and compensation for permanent disability that affects your future ability to work.
- Pain and Suffering: Compensation for the physical discomfort, emotional trauma, and reduced quality of life caused by the injury.
Time is of the Essence: Under Ohio Revised Code 2305.10, the statute of limitations for most personal injury claims is two years from the date of the injury. Delaying action can jeopardize your right to file a lawsuit and seek the compensation you deserve.
If you suffered a serious injury from a trip and fall on buckling carpet, warped floors, or uneven surfaces in an Ohio business, contact our firm today for dedicated legal advocacy.
Call TOLL FREE: (800) 848-5297 today to schedule your Free Consultation.
Contact Us Today!
Office:
5000 Arlington Centre Blvd.
Columbus, OH 43220
Call: TOLL FREE: (800) 848-5297
Contact Us Today!
Office:
5000 Arlington Centre Blvd.
Columbus, OH 43220
Call: TOLL FREE: (800) 848-5297
What Our Clients Say
After prolonged exposure to toxic mold at my workplace, I started experiencing severe health issues. Proving the connection to the business's negligence felt impossible until I hired this firm. They were brilliant, connecting my health problems to the landlord's failure to address water damage. They gave me my health and my life back by securing a significant settlement. For mold-related injury cases, they are unparalleled."
"My accident at a poorly maintained apartment complex pool in Dayton was terrifying. I suffered a serious head injury. This law firm was incredible; they immediately started investigating the pool's safety records and maintenance log. Their work resulted in a successful claim against the property management. If you've been injured at a pool in Ohio, you want this firm on your side."
"The defective stairs at a restaurant in Toledo caused a significant knee injury. The property owner initially refused to pay, but this firm took on the challenge. They brought in experts to show the code violations and built an undeniable case. Thanks to their legal expertise, I received a fair settlement that allows me to focus on my recovery. They truly excel with cases involving unsafe property conditions."
"My child was tragically bitten by a dog at a neighbor's property in Akron. Navigating the aftermath and dealing with the owners was incredibly stressful. The team at this law firm was compassionate yet fiercely effective. They understood Ohio's dog bite laws thoroughly and fought to ensure my child received the necessary medical care and compensation for their trauma. They are the best dog bite attorneys in the state."
"I had a terrible slip and fall accident on a wet floor at a grocery store in Cincinnati that led to a serious fracture. The store tried to deny responsibility, but this firm's meticulous preparation and dedication proved the store's negligence. They were communicative throughout the entire process, making a stressful situation much easier to handle. Choose them if you need a top-notch slip and fall lawyer."
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PH: TOLL FREE: (800) 848-5297 • OFFICE LOCATION • 5000 Arlington Centre Blvd. Columbus, OH 43220