Cincinnati Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

How To Ensure Your Deck is Safe for Summer Gatherings

Alison De Villiers — Tue, 28 Jul 2009 13:32:00 GMT

Let's face it. Summers are for the outdoors. From backyard bbq's to porch parties, the deck can be the centerpiece of a home for this time of year. Unfortunately, many homeowners take it upon themselves to build their own decks with little or no construction experience. Other homeowners fail to inspect their decks for safety isues. For these reasons it is estimated that between 2002 and 2007 there were 350 injuries and 17 deaths solely due to deck failure.

There are two main reasons for deck failure: poor railing construction and poor connection to the house. If any of these five signs appear then it may be time to call in a professional: loose connections (for example, a wobbly railing), missing connections, corrosion, rot, or cracks.

According to Jim Bushart of the National Association of Certified of Home Inspectors:

My recommendation is that home owners perform an annual inspection of their deck to ensure that the deck ledger board is securely anchored (with bolts…not nails) to the floor joist of the house and that all fasteners are free from rust and deterioration. If you detect or suspect movement of the structure from its original construction, contact a qualified and competent contractor immediately.

If you are purchasing a new home, always have the home inspected by a qualified home inspector. Pay close attention to any comments made as to the condition of the deck and ensure that it is safe when you move in. By simply keeping a close eye on the integrity of the structure many accidents are preventable.

The North American Deck and Railing Association has a checklist of situations to look for. Remember, if you're considering building a deck it's better to hire a professional to build in the first place. With the size of modern decks, more people than ever can be subject to injury by deck failure.

So remember safety first this summer and have a great one!

Originally posted at InjuryBoard by Alison De Villiers

What Duties Does Your Cincinnati Landlord Owe to You?

Alison De Villiers — Fri, 10 Oct 2008 10:40:46 GMT

Under Ohio law, landlords have many responsibilities to their tenants. These laws are meant to protect the tenants from injury and financial harm. Regardless of the language in the lease, landlords must comply with these laws and cannot waive their responsibilities. These are a few highlights of the Ohio Revised Code section on Landlord Tenant Laws in Ohio:

Comply with requirements of any building, housing, health or safety codes which materially affect health and safety.
Make all repairs and whatever is reasonably necessary to put and keep the premises in a fit and habitable condition.
Keep the common area of the building safe and sanitary.
Keep all electrical, plumbing, heating, ventilating and air conditioning fixtures, appliances, and elevators in good safe working condition, when these things are supplied or required to be supplied by the landlord.

If you have been injured as a result of your landlord failing to comply with these laws, it is important that you contact an attorney to discuss your rights and responsibilities as a tenant.

Originally posted at InjuryBoard by Alison De Villiers

Responsibility of Property Owners to Protect from Slip and Fall Accidents in Snowy Weather

Alison De Villiers — Wed, 27 Feb 2008 10:40:19 GMT

Ohio law says that an owner or occupier of a premises has no duty to remove natural accumulations of ice and snow from private walks and steps on the premises to protect from slip and fall accidents. It is thought that these natural accumulations are so "open and obvious" that those on the premises will discover dangers and protect themselves. Therefore, if a landlord or property owner fails to clear a sidewalk or parking lot of snow or ice, the owner may not be responsible.

However, there are two exceptions to the rule under Ohio law. First, if the property owner is shown to have had notice that a natural accumulation of snow and ice on the premises has created a condition substantially more dangerous than those on the property should have anticipated. Second, if the property owner is actively involved in creating an unnatural or man-made accumulation of ice or snow. When one of these exceptions apply, then the property owner may be responsible to those who are injured on the property.

In the unfortunate circumstance of a slip and fall in snowy weather, there are several things you should do. Seek medical treatment if necessary. Examine your surroundings and take note of what you fell on and the surrounding areas. If you have a camera, take pictures. If there were witnesses, get their contact information. You should also notify the owner or manager of the premises of the fall. To pursue a claim against the owner, contact an attorney as soon as possible, who will advise you of your rights and evaluate your claim.

Originally posted at InjuryBoard by Alison De Villiers

Kanawha Woman Suing Grocery Store for Slip and Fall

Chrissie Cole — Fri, 25 Jan 2008 22:40:14 GMT

A woman has filed a personal injury lawsuit against a local grocery store after a slip and fall accident while shopping in the store.

The lawsuit was filed on December 28th in Kanawha Circuit Court against Oakhurst Foods, Inc., (doing business as IGA).

The woman was shopping in IGA on December 30, 2005 when she slipped on a substance on the floor and fell, according to court documents.

The suit claims she suffered physical injury following the fall, along with mental anguish, limitations in her activities and a diminution in her ability to join life. The suit seeks compensatory and punitive damages.

For more information on slip and fall accidents, please visit our section on Property Owner's Liability.

Originally posted at InjuryBoard by Chrissie Cole