Ohio
Premises Liability Lawyer

You may be entitled to compensation if you were hurt on someone else’s property due to unsafe conditions or inadequate safety measures. In these cases, it’s important to understand your legal options and how Ohio premises liability laws can help you recover damages for your injuries. 

Premises liability is an area of personal injury law that deals with injuries sustained on another person’s property due to negligence. Having an Ohio premises liability lawyer handle your case can ease the burden and ensure your rights are protected throughout the process. A lawyer will take the lead, investigating your claim and working to secure the compensation you deserve.

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Your Guide to Premises Liability in Ohio

James Helm, Personal Injury Lawyer

What Is Premises Liability?

Premises liability is a type of personal injury law that holds property owners and occupiers responsible for maintaining safe conditions on their premises. It covers a wide range of situations where someone is injured due to unsafe conditions, negligence, or failure to warn about hazards. 

Property owners have a legal obligation to keep their premises reasonably safe for visitors, customers, tenants, and even certain trespassers. When property owners fail to meet this duty of care, and someone is injured as a result, the injured party may have grounds to file a premises liability claim. 

These claims are designed to compensate individuals for medical expenses, lost wages, pain and suffering, and other losses resulting from their injuries.

Common Premises Liability Cases

Premises liability cases arise in various settings, including private homes, businesses, public spaces, and rental properties. Some common types of premises liability claims include:

  • Slip and Fall Accidents: Perhaps the most common form of premises liability, slip and fall accidents occur when property owners fail to maintain safe walkways or fail to address hazards such as wet floors, icy sidewalks, or uneven surfaces.
  • Dog Bites: Property owners may be held liable if their dog bites and injures someone on their property, especially if the owner knew or should have known about the dog’s aggressive tendencies.
  • Swimming Pool Accidents: Property owners who fail to provide adequate safety measures, such as fences, warning signs, or lifeguards, may be responsible if a swimming pool accident occurs.
  • Falling Objects: Falling objects, whether from improperly secured shelves in a store or poorly maintained building structures, cause serious injuries. Property owners must ensure that heavy items and structural elements are secure.
  • Building Code Violations: If a property owner violates local building codes, such as failing to install proper handrails or making sure fire exits are accessible, and someone is injured as a result, the owner may be liable for damages.

Negligent Security as a Premises Liability Case

Negligent security is a specific type of premises liability that focuses on the property owner’s responsibility to provide reasonable security measures. Inadequate security measures may lead to assaults, robberies, or other criminal activities. 

For example, if you are injured in an assault or other criminal activity on someone else’s property, the owner may be liable if it can be shown that the crime occurred due to inadequate security. This could include poorly lit parking lots, broken or missing locks on doors, lack of security cameras, or failure to employ security personnel when necessary. 

Negligent security cases are often seen in apartment complexes, hotels, retail establishments, and other public spaces. If a property owner is aware of a potential risk and does nothing to address it, they may be held liable for the injuries that occur as a result. A lawyer familiar with Ohio premises liability laws can help investigate whether negligent security played a role in your injuries and build a strong case for compensation.

Injuries Resulting from Premises Liability Incidents

Premises liability incidents can cause a wide range of injuries, from minor to life-threatening. Some common injuries seen in premises liability cases include:

  • Broken bones: Slip and fall accidents often result in fractures, particularly in the wrists, arms, and hips.
  • Head injuries: A fall or impact from a falling object can lead to traumatic brain injuries (TBI), which can have lasting effects on cognitive and motor functions.
  • Spinal cord injuries: A severe fall or other accidents can cause damage to the spine, resulting in long-term mobility issues or even paralysis.
  • Cuts and lacerations: Broken glass, sharp objects, or unsafe building materials can cause deep cuts that may require surgery and leave lasting scars.
  • Burns: If a property contains hazardous materials or faulty wiring, a fire or explosion could occur, leading to serious burn injuries.
  • Emotional trauma: Injuries stemming from negligent security incidents, such as assaults, may also cause emotional and psychological harm, leading to conditions like post-traumatic stress disorder (PTSD). 

A premises liability claim allows you to pursue compensation for the physical and emotional impact of your injuries. Your lawyer will work to prove that the property owner’s negligence directly caused your injuries and that you deserve compensation for the harm you’ve endured.

Who Can Be Held Liable in a Premises Liability Claim?

Property owners, occupiers, and even property managers in Ohio can be held responsible for premises liability injuries. Determining liability often depends on who was responsible for maintaining the property at the time of the incident. For example, in a rented apartment, both the landlord and the tenant may bear some responsibility for the condition of the property. 

The following parties may be held liable in a premises liability claim:

  • Private Property Owners: Homeowners are responsible for maintaining their property in a reasonably safe condition for guests. This includes ensuring that walkways are free from hazards and providing adequate warning of any potential dangers.
  • Business Owners: Owners of retail establishments, restaurants, and other businesses are responsible for ensuring that their premises are safe for customers and employees. They must address any known hazards, such as spills, uneven flooring, or faulty equipment.
  • Landlords and Property Managers: Landlords are responsible for maintaining the common areas of rental properties, such as stairwells, parking lots, and lobbies. If they fail to do so, they may be liable for any injuries that occur as a result.
  • Government Entities: Public property, such as parks, sidewalks, and government buildings, must also be maintained in a safe condition. If you are injured on government property, you may be able to file a premises liability claim against the government entity responsible for its upkeep. 

Your Ohio premises liability attorney will thoroughly investigate the circumstances surrounding your injury to determine which parties may be liable. They will also handle the complex legal process of filing a claim, gathering evidence, and negotiating with insurance companies on your behalf.

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Ohio Premises Liability Laws

In Ohio, premises liability cases are governed by the legal concept of “duty of care.” This means that property owners must take reasonable steps to ensure their property is safe for visitors. However, the level of care required depends on the status of the injured party, which Ohio law divides into three categories:

  • Invitees: These are individuals who have been invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees and must actively inspect the property for hazards and address them promptly.
  • Licensees: These are individuals who are on the property with the owner’s permission but for non-business purposes, such as social guests. Property owners must warn licensees of any known hazards that may not be obvious.
  • Trespassers: Trespassers are individuals who enter the property without permission. Property owners generally owe no duty of care to trespassers but cannot intentionally create dangerous conditions to harm them. 

Working with a lawyer who understands how Ohio law classifies your status on the property is critical to determining whether you have a valid premises liability claim. Your lawyer will assess the details of your case and explain how Ohio’s premises liability laws apply to your situation.

Ohio Statute of Limitations for Premises Liability Claims

Ohio’s statute of limitations for filing a personal injury claim is two years from the date of the injury. This means that you have two years to file a premises liability claim; otherwise, you may lose your right to seek compensation. 

While two years may seem like a long time, gathering the necessary evidence and building a strong case can be time-consuming. Consult a lawyer as soon as possible to ensure your case is filed within the legal deadline.

How Premises Liability Lawyers Can Help

Property owners often deny responsibility for accidents that happen on their property. A lawyer who handles premises liability claims will take the lead in investigating the incident, identifying liable parties, and negotiating with insurance companies to seek compensation for your injuries. Things a lawyer will do to build your case include:

  • Gathering evidence: This includes obtaining security camera footage, interviewing witnesses, and reviewing property maintenance records.
  • Proving negligence: A lawyer will work to show that the property owner or occupier failed to meet their duty of care and that this negligence directly caused your injuries.
  • Handling legal deadlines: Your lawyer will ensure your case is filed within the statute of limitations and that all legal paperwork is completed accurately.
  • Negotiating settlements: Insurance companies may try to minimize your claim. A lawyer will handle negotiations and work to secure a fair settlement that covers your medical expenses, lost wages, and other damages.
  • Filing a premises liability lawsuit: If the insurance company refuses to offer a reasonable settlement, your lawyer can file a personal injury lawsuit and take your case to court.

Find an Ohio Attorney: Contact TopDog Law to be Connected

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TopDog Law Personal Injury Lawyers

Ohio Office

2215 E 9th St Suite A
Cleveland, OH 44115,

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