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When many people hear "premises liability," they think of slip-and-fall or trip-and-fall incidents that lead to injury. Under Ohio law a property owner in these scenarios may be held liable if it can be proven that they failed to mitigate and/or warn of a “latent hazard,” i.e. something that is not readily open and obvious, that caused a person to suffer injuries and damages.
While slip/trip and falls are common situations that can give rise to a premises liability case, they are not the only type of injuries that that can occur on someone else's property. Dog bites, swimming pool accidents, elevator malfunctions, and negligent security situations may also provide the basis for a lawsuit for an injured victim to recover.
What is Duty of Care?
While landowners are responsible to keep their property reasonably safe for visitors, they are not responsible for every injury that occurs on their property. Duty of care defines who a property owner is responsible for when it comes to premises liability. Under this law, all visitors can be divided into three categories:
Invitees, as the name suggests, are people whom the landowner invited onto the premise. This can be a friend or a customer at a retail store. Similar, a licensee is someone who is allowed on a premises but for their own specific purposes, such as a salesperson. A landowner holds a responsibility to these two parties to warn them of potential dangers and to keep their premises reasonably safe from hazards for them.
Trespassers are the only party to which the property owner has no responsible to unless the trespasser was a child. Premises liability laws can be complex. If you have questions, contact our firm today for a free consultation.
What To Do In a Premises Liability Scenario
- Report the incident to the property owner or manager. Make sure that you request an incident report or police report, if one is available
- Get medical attention. Be sure that you comply with your doctor's directions and do not miss appointments
- If possible, take pictures of the scene and the surrounding areas. If you slipped on a puddle or tripped over debris, documentation of the conditions at the time of the incident can be of critical importance during a case.
- Get witness information, including their names, phone numbers, email addresses, or other contact information.
- Request any security camera footage of the accident if available.
If you or someone close to you has suffered an injury on someone else’s property in Ohio, a premises liability attorney from our firm can help determine if you have a viable cause of action, and can represent you throughout the entirety of your case to ensure you receive a successful outcome. Many of these cases are subject to Ohio’s two year statute of limitations deadline during which a claim must be resolved or filed in court. As such, it is important to move quickly to protect your rights to due compensation.
Our team has more than 150 years of combined legal experience and will work hard to ensure your rights are protected. We utilize some of the best liability and damages experts in the country, and consider your future when determining a plan of action for each individual case. We have successfully resolved many premises liability cases, with numerous six- and seven- figure awards obtained for those seriously injured in these scenarios.
Recovering from an injury is already traumatizing and painful. Resolving a premises liability case shouldn't be, which is why we are here to help. Contact us today to learn more!
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