Posted: December 31, 2011
I fell in a Cincinnati Walmart or Krogers store can I win my personal injury is a question I hear as a personal injury lawyer. The answer to the question is it depends. It depends on whether you can prove the store was negligent and their negligence was a proximate cause of your injury. You must also show that it you were at fault that your negligence was 50% or less.
So you must be able to show that your fall was caused by some defect or hazard in or existing in the Kroger store, Walmart or other store. The defect must have been caused by the store employees or had been there long enough that the store should have found out about it and taken care of the defect. Additionally if the defect was open and obvious, the Ohio Supreme court stated, "Where a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises." Armstrong v. Best Buy Co, Inc., 99 Ohio St.3d 79, 2003-Ohio-2573, 788 N.E.2d . So if it was something plainly visible (open and obvious ) you will likely not have a case unless you can find a statutory duty to fix the problem. So an exception is in the landlord tenant situation. As you can see it's rather complicated . But just because you fell in a store doesn't mean that you are entitled to recover for your injury. But certainly you could have a case depending on the facts of the situation. The one thing you should do is report your injury immediately to the store manager. Make sure they take your name and address and have them call the life sqaud. This at least starts you potential claim of correctly . An listen to what is said. many times the manager will call an employee who will make an admission that the problem was known but they just did not get around to correcting it. As a Cincinnati personal injury lawyer, I welcome your questions on slip and fall accident injury and you can call me at (513) 621-2345 for a free consultation. you should always seek the advice of a personal injury attorney if you get hurt on someone's premises.