What is Premises Liability Law in Ohio: What You Need to Know

Have you ever slipped on a wet floor at a grocery store or tripped on a broken sidewalk? These incidents fall under the legal concept of premises liability.

Premises liability holds property owners responsible for accidents and injuries that occur on their property due to negligence. In Ohio, as in many states, property owners have a duty to maintain a safe environment for visitors.

This doesn’t mean that property owners are automatically at fault for every accident. However, if they fail to take reasonable steps to ensure their property is safe, they may be held liable for resulting injuries.

Types of Premises Liability Cases

Premises liability covers a wide range of scenarios. Some common types of cases we see in Ohio include:

• Slip and fall accidents
• Trip and fall incidents
• Inadequate building security leading to injury or assault
• Swimming pool and drowning accidents
• Elevator and escalator accidents
• Fires
• Toxic fumes or chemicals
• Falling objects

Each of these situations can lead to serious injuries, from broken bones to traumatic brain injuries. That’s why it’s crucial to understand your rights if you’re injured on someone else’s property.

Who is Responsible in a Premises Liability Case?

In Ohio, responsibility in premises liability cases often depends on the status of the visitor. The law recognizes three categories of visitors:

1. Invitees: People invited onto the property for business purposes, like customers in a store. Social guests are also considered invitees.
2. Licensees: Peopleon the property for their own benefit. Examples of licensees may include Amazon delivery drivers and home contractors.
3. Trespassers: Individuals who enter the property without permission.

Property owners owe the highest duty of care to invitees, a lesser duty to licensees, and generally only need to refrain from willfully injuring trespassers (with some exceptions, particularly for child trespassers).

Proving Negligence in Premises Liability Cases

To succeed in a premises liability claim in Ohio, you typically need to prove four elements of negligence:

1. The property owner owed you a duty of care
2. They breached that duty
3. This breach caused your injury
4. You suffered actual damages as a result

For example, if you slip on a spill in a supermarket, you’d need to show that:

1. As a customer, the store owed you a duty of care
2. They breached this duty by failing to clean up or warn about the spill
3. This failure caused you to slip and fall
4. You were injured as a result

Seems straightforward, right? But premises liability cases can quickly become complex.

For example, key issues may include whether the property owner was on notice of the danger or whether the danger was “open and obvious.”

In the context of the supermarket slip and fall, a common dispute is whether a spill was present for a long enough period of time to put the property owner on constructive notice of the danger.

Because liability is often disputed in premises liability cases, you should seek help from a skilled and experienced personal injury attorney.

Ohio’s Comparative Negligence Rule

It’s important to note that Ohio follows a modified comparative negligence rule. This means that if you’re found to be more than 50% at fault for your own injury, you can’t recover damages.

For instance, if you were not paying attention, you might be found partially at fault. If you are found comparatively negligent, your damages are reduced by your percentage of fault. For example, if the jury determines your percentage of fault is 30%, the jury would award you only 70% of your damages as compensation for your losses caused by the property owner’s negligence.

Time Limits for Filing a Premises Liability Claim in Ohio

In Ohio, the statute of limitations for most premises liability cases is two years from the date of injury. This might seem like a long time, but building a strong case takes time. It’s crucial to consult with a lawyer as soon as possible after an injury to ensure your rights are protected.

Steps to Take If You’re Injured on Someone Else’s Property

If you’re injured due to unsafe conditions on someone else’s property, take these steps to protect your rights:

1. Seek medical attention immediately
2. Report the incident to the property owner or manager
3. Document the scene (take photos if possible)
4. Get contact information from any witnesses
5. Keep all medical records and receipts
6. Avoid giving statements to insurance companies before consulting a lawyer
7. Contact an experienced premises liability attorney

Remember, your health and safety come first. Once you’re safe, gathering evidence can significantly strengthen your case.

How a Premises Liability Lawyer Can Help

Navigating a premises liability case can be challenging. An experienced personal injury lawyer can:

• Investigate the incident thoroughly
• Gather and preserve crucial evidence
• Handle communications with insurance companies
• Accurately calculate the full extent of your damages
• Negotiate for a fair settlement
• Represent you in court if necessary

At The Jones Firm, we’ve helped numerous Ohio residents secure fair compensation in premises liability cases. We understand the tactics insurance companies use to minimize payouts, and we’re prepared to fight for your rights.

Know Your Rights and Seek Help When Needed

Premises liability law exists to protect visitors from unsafe conditions and to hold negligent property owners accountable. If you’ve been injured on someone else’s property in Ohio, it’s crucial to understand your rights and the potential for compensation.

At The Jones Firm, we’re committed to helping injury victims navigate the complexities of premises liability law. We understand the physical, emotional, and financial toll these injuries can take, and we’re here to fight for the compensation you deserve.

Don’t let uncertainty or fear hold you back from seeking justice. If you’ve been injured due to unsafe conditions on someone else’s property, reach out to us for a consultation. Let our experienced team guide you through the legal process, so you can focus on what matters most – your recovery.