Ohio Slip And Fall Legal Questions

It really depends on the age of your child.  Under Ohio law, a child under the age of 7 cannot be negligent.  I believe age 7 to 14, there is a rebuttable presumption that they are not negligent, but this can be overcome.  Older than 14 and the child is treated just like an adult for personal injury purposes. Regarding trampolines, these are a recreational activity and they are considered inherently dangerous.  This means that a reasonable person knows of the dangerous nature in participating in jumping on a trampoline, appreciates those dangers, and is aware of the the types of injuries that one can incur from participating.  If a person is aware of the dangerous propensities of the activity, and decides to participate anyways, then they have assumed the risk of being injured while participating in that activity.  This is where the age of the child comes into factor. If the child is under 7 years old, the law says that he/she cannot be aware of the dangerous nature of the activity, cannot appreciate the fact that they can be injured, and therefore is not responsible for their own injuries if he/she is injured while participating in the activity. If the child is 7-14 years old, the law presumes that he/she cannot be aware of the dangerous nature of the activity, cannot appreciate the fact that they can be injured, and therefore is not responsible for their own injuries if he/she is injured while participating in the activity.  However, if the property owner can prove that the child is aware of the dangerous nature, and does appreciate the fact that he/she can be injured, then they can overcome the presumption that the child was not negligent in injuring him/herself.  If they overcome that presumption, then the property owner is not responsible for the child's injuries. If the child is older than 14 years old, then I do not believe that you have any claim against the property owner, as a child older than 14 is treated as if he was aware of the dangerous nature, and did appreciate that he could be injured.  This is true even if the child did not actually know of the dangers or appreciate that he could be injured. In short, it really depends on the age of the child.  Less than 14 years old, there is a chance the property owner could be held responsible.  Older than 14 years old, and I believe that you have no claim against the property owner. Best of luck to you.... Read More

Generally speaking, Ohio law defines natural accumulations of ice and snow as open and obvious dangers.  What this means is that natural accumulations are dangerous, and that a reasonable person knows this and would take the necessary steps to avoid or protect themselves from the danger. In Ohio, the law does not require a property owner (including landlords) to keep his property free and clear of natural accumulations of snow and ice, since they are open and obvious danger.  This means that they do not have to shovel and they do not have to salt.  The only exception to this rule is where the snow and/or ice are not natural accumulations (such as someone dumping a bucket of water on the sidewalk, and then it freezes, or having a down spout empty water directly on the sidewalk).  Even if a local ordinance or law requires that all property owners clear snow and ice, numerous cases have held that this does not result in liability to a property owner if someone is injured for failure to clear the ice and snow. I would definitely recommend that you report the incident to your landlord.  And if the area continues to be snow covered and/or icy, demand that they clear the snow and ice, specifically because you have an handicapped person living with you.... Read More