Ohio Uneven Steps Trip and Fall; Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Uneven Steps Trip and Fall Injury throughout the State of Ohio.
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Ohio Uneven Steps and Elevation Change Attorney: Dangerous Transitions
A sudden or unmarked change in elevation—such as an unexpected step, a raised threshold, or uneven steps—is a frequent cause of devastating trip and fall injuries at Ohio businesses. When these structural changes lack proper lighting or are installed without adequate warning, they become a legal liability for the property owner.
If you suffered a serious injury because you were not warned of an abrupt change in floor level or an uneven step at a commercial property, our experienced Personal Injury Attorney team can help. We specialize in premises liability claims, utilizing Ohio statutes and building codes to prove negligence.
Statutory Requirements for Uniformity and Warning in Ohio
Ohio law and its corresponding administrative codes impose strict standards on stairways and changes in elevation in commercial buildings. A business owes its invitees (customers and guests) a duty of ordinary care to maintain a safe premises. This duty is breached when steps are not uniform or changes in elevation are unmarked, leading to a foreseeable fall.
Key legal and code violations often found in these cases include:
- Lack of Uniformity: Ohio Administrative Code requires that the rise height and tread width of steps be uniform throughout any flight of stairs, with only minimal variation (e.g., typically not more than one-fourth inch). A single uneven step violates this critical safety standard.
- Inadequate Lighting (R.C. 3781.06): Poor or improper lighting that obscures a step or transition strip constitutes negligence, as it prevents a person from reasonably discovering the hazard.
- Structural Defect (The "Trap"): An abrupt, unmarked change in elevation (like a single step down) that is difficult to distinguish from the rest of the floor can be deemed a hidden trap, even if the difference in height is small.
Defeating the "Open and Obvious" and "Minor Variation" Rules
The business will almost certainly use the "open and obvious" doctrine as a defense. However, in cases involving subtle changes in elevation, this defense is often defeated by establishing attendant circumstances:
- Poor Visibility: We prove the lack of proper lighting, contrasting colors, or warning strips made the uneven step blend into the floor.
- Distraction: We argue that the environment (e.g., looking at merchandise, other patrons, or business signs) created a reasonable distraction, making the hazard effectively non-obvious to a reasonably prudent person.
- The "Minor Variation" Overcome: While courts have sometimes recognized a "minor variation rule" for trivial height differences (especially outdoors), we focus on the combination of the small defect and the lack of warning/lighting to prove the overall condition created an unreasonable risk of harm.
Evidence Collection & Ohio's Comparative Negligence Statute
Our firm immediately initiates an investigation to secure proof of the property owner’s failure to adhere to safety standards before repairs are made:
- Expert Measurements: Utilizing engineers to measure the precise variation in the uneven steps and compare them against code requirements.
- Lighting Surveys: Measuring the actual illumination levels at the point of the fall to prove inadequate lighting.
- Design Defects: Proving the structural change in elevation was inherently dangerous, especially where a ramp or gradual slope should have been used instead of a single step.
Under Ohio's Modified Comparative Negligence law (R.C. 2315.33), we meticulously counter any claims of victim fault to ensure you remain eligible to recover maximum compensation for your traumatic injuries.
The statute of limitations (R.C. 2305.10) for personal injury cases is typically two years from the date of the fall. Immediate legal action is necessary to protect your rights.
Contact Our Ohio Personal Injury Attorneys Today
If you were seriously injured due to uneven steps, an unmarked change in elevation, or improper lighting at a business, you deserve full accountability.