Whether you are visiting or are a tenant in a residential or commercial rental property in Ohio, you have a right to be safe. It is the landlord’s responsibility to maintain a safe environment for their tenants and visitors. However, accidents do happen, and sometimes both parties may share some of the fault. Here’s how that works.
Understanding Ohio’s premises liability laws
Before delving into the details of being partially at fault for falling at a rental property in Ohio, it is important to understand the concept of premises liability. In Ohio, premise liability laws require property owners to maintain a safe environment for individuals who are legally on their property.
Contributory negligence in Ohio
Even though the landlord is responsible for keeping visitors and tenants safe, you, as an individual, also have a duty of care to ensure your own safety. You cannot just jump off a balcony or carelessly navigate slippery stairs and expect the landlord to be 100% at fault for your injuries. Under Ohio’s contributory fault rule, the court will take your actions and level of responsibility into consideration when determining fault.
They will accord you a percentage of the blame depending on your level of carelessness or recklessness. They will then subtract that percentage from your total compensation.
Steps to take if you are partially at fault for falling at a rental property in Ohio
In such a situation, your only goal should be to maximize your compensation. To do that:
- You should seek medical attention to get evidence that will help establish a link between your fall and any injuries sustained.
- Take pictures of the location where you fell, any hazards that may have contributed to your fall and any visible injuries.
- If other tenants can act as witnesses, get their contact information.
- Report the incident and file a lawsuit as soon as you can.
Being partly at fault shouldn’t scare you from seeking compensation for your injuries. As long as you have evidence to support your claims, you can still receive significant compensation. It’s essential to follow the proper steps to ensure you are not taken advantage of by the landlord or insurance company.
