Legal Question in Personal Injury in Ohio

Last Friday I was at an outdoor shopping center where the shops are around a decorated area with fountains and such. The sidewalk area is brick with edges in concrete bricks. I came out of a shop and did not realized there was a step down about 3-4 steps outside the door. Because of missing the step, I went flying and landed face down on the brick. I came up bleeding from my nose and mouth. I had scraps on my face and my teeth cut my bottom lip. I recently had surgery on my left ankle and I am trying to get an appointment this my surgeon to check it out. The shop keepers came out to help and the owner of the complex brought ice and called the squad. The squad took my vitals and said they could take me in but there was not a whole lot they could do for a broken nose. I now have two black eyes, a swollen nose and mouth and scraps all over my chin and nose. The medics took my information but the complex owner did not even ask me a question. The shop owners said this has happened before and that it seemed to be a problem. Is this something that I should pursue legally?

Asked on 11/16/09, 2:35 pm

2 Answers from Attorneys

Melissa Lipchak Melissa R. Lipchak, Attorney at Law

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Under Ohio law, if the condition that caused a person to fall was open and obvious, there can be no recovery for any injuries. The rationale is that individuals are expected to be aware of conditions and protect themselves against them. Every case depends on the facts and it is probably best to take pictures of the step and discuss this with an attorney.

Answered on 11/22/09, 6:58 pm

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