12 Insurance Surprises To Look Out For After a Car Wreck
Posted in: Car Accidents
KNR Legal Blog
Once you’ve had a slip-and-fall accident, the property owner, insurance adjuster, or lawyer may quickly deny liability based on a posted warning sign. They often argue this point to discourage you from pursuing a slip and fall accident claim or to encourage a quick settlement far below your claim’s actual value.
If you find yourself in this position, you need an experienced Ohio premises liability attorney from Kisling, Nestico & Redick. We will thoroughly investigate every aspect of your slip and fall injury liability claim, including whether the warning sign effectively notified you of the hazard. We’ll provide you with honest advice about your chances of obtaining compensation, even if there was a caution sign at the site.
Premises liability law in Ohio is complicated, involving concepts like comparative negligence, duty of care, and the open and obvious doctrine. That’s why you should let KNR handle the legal complexities, ensuring you recover maximum compensation. Contact us today at 1-800-HURT-NOW for a free, no-obligation consultation.
Generally, property owners owe a duty of care to those on their property. If injuries occur due to negligence, they could be liable. When you slip and fall on someone else’s property, it’s crucial to discover who is at fault so you can receive the compensation you need.
The highest duty of care is owed to invitees, such as customers, who visit for the owner’s benefit. Property owners must maintain reasonably safe premises and adequately warn visitors about potential hazards. If the evidence shows the property owner breached this standard of reasonable precautions, leading directly to your injuries, compensation is required.
A lower standard of care is owed to licensees—those visiting the property for their own benefit—and trespassers. Property owners must avoid causing them harm through willful, wanton, or reckless behavior, though ordinary care must still be taken to avoid unnecessary harm.
Reasonable care under premises liability law includes repairing dangers and providing clear notices of less-obvious safety issues. Visitors often have no knowledge of hidden dangers, so property owners must inform them clearly and effectively. Property owners often try to protect themselves through hazard signs, caution signs, and other warnings.
Even when property owners use slip hazard warning signs correctly, you may still have a valid claim if you were injured anyway. The property owner’s insurance company might argue that no breach of duty occurred because the warning was provided. Additionally, they might invoke the assumption of risk defense, claiming you willingly risked injury by proceeding despite clear warnings.
However, the existence of a warning sign does not automatically eliminate your right to compensation.
To be effective, a warning sign must adequately notify you of specific dangers that aren’t readily apparent. Signs must be sufficiently large, visible, placed in the correct locations, and easy to understand. Moreover, the warning must match the actual harm you suffered.
For example, if the sign warns “Danger of Slipping – Wet Floors” but your injury resulted from a tripping hazard, that warning sign has no bearing on your claim.
If you were hurt in a slip and fall because of a property owner’s negligence, you might deserve compensation for your injuries and assorted losses. It’s important to understand the types of damages you can claim after your accident.
Economic damages cover your direct financial losses, including medical expenses, hospital bills, rehabilitation, medication costs, lost wages, and future medical care.
Non-economic damages address the emotional impact and physical pain resulting from your accident, including emotional distress, loss of enjoyment, and diminished quality of life.
Calculating these damages can be complicated, which is why having an experienced Ohio slip and fall attorney is essential.
When a slip and fall accident occurs despite the presence of a warning sign, property owners and insurers will argue they’re not liable. However, a warning sign doesn’t automatically eliminate your right to compensation.
A slip and fall warning sign must clearly identify hidden or non-obvious hazards. A skilled attorney will investigate the sign’s visibility, location, clarity, and accuracy in relation to your injury.
If the sign failed to adequately warn you—for example, a “wet floor” sign didn’t indicate a tripping hazard—you might still have a valid premises liability claim.
Insurers commonly use the defense of “assumption of risk,” claiming you ignored clear warnings. Your attorney can counter these arguments by gathering evidence, utilizing expert testimony, and clearly demonstrating the property owner’s negligence.
The team at Kisling, Nestico & Redick knows how to handle these complex situations, ensuring your rights are protected. We’ll negotiate aggressively on your behalf and, if necessary, fight in court to secure maximum compensation for your injuries.
More on Choosing the Right Personal Injury Lawyer in Ohio
After a slip-and-fall accident, you might feel overwhelmed or unsure of your next steps. Whether it was in a store, parking lot, or a business, the property owner or an insurance adjuster may already have contacted you, claiming that a warning sign negates their liability. But remember, warning signs don’t automatically exempt property owners, especially if negligence is involved. If you’re struggling with medical expenses and lost income, KNR can help.
Call 1-800-HURT-NOW to speak directly to the experienced Ohio premises liability attorneys at Kisling, Nestico & Redick and learn about your legal options. We work on contingency, meaning you don’t pay unless we recover compensation for you.