Premises liability holds property owners responsible for injuries someone sustained on their property due to hazardous conditions.
Understanding premises liability is crucial for visitors. Awareness of your rights allows you to take appropriate action if you are injured. Whether the situation involves a slip and fall, inadequate security, or another hazardous situation, being informed empowers you to seek just compensation for your accident-related expenses and losses. It's not just about covering medical bills; it can also include compensation for pain and suffering, lost earning capacity, and other impacts on your life.
A personal injury attorney can help navigate the complexities of a premises liability case. They can assess the situation and determine whether you have grounds to pursue a claim or lawsuit. A lawyer can also guide you through the legal process and assist in pursuing just compensation.
At Rourke & Blumenthal, we handle premises liability cases in Columbus. Call (614) 321-3212 or send an online message to schedule a consultation.
Property Owner Responsibilities and Visitor Rights
Premises liability is a critical area of personal injury law dealing with injuries sustained due to unsafe or hazardous conditions on another person's property. Legally, it refers to the obligation of property owners to maintain reasonably safe conditions for visitors. The extent of their duty of care can vary depending on the visitor's status.
If an injury occurs due to negligent maintenance practices, the owner can be liable for damages, including medical expenses, lost income, and other associated costs.
However, property owners are not responsible for every injury that occurs on their property. Ohio law, specifically Ohio Revised Code § 2305.402 (B), generally exempts property owners from liability for injuries to trespassers. An exception to this rule exists when the property owner knows a trespasser is in danger and fails to act to prevent harm or if the trespasser is a child who may not understand the risks posed by certain hazards.
Common Types of Premises Liability Cases
Premises liability encompasses various scenarios where individuals may be injured due to unsafe conditions on another's property.
Below, we discuss some of the most common premises liability cases.
Slip and Fall Accidents
Slip and fall accidents are among the most prevalent premises liability claims.
These incidents often occur due to hazards like:
- Wet floors
- Uneven surfaces
- Poorly maintained walkways
- Broken stairs
Property owners must ensure that such hazards are promptly addressed or adequately marked to prevent accidents. Failure to do so can result in severe injuries and significant legal liability.
Inadequate Security
Inadequate security cases arise when a property does not have reasonable safety measures and criminal activities, such as assaults or thefts, occur. For instance, insufficient lighting, lack of security personnel, or malfunctioning surveillance systems can create an environment where visitors are more vulnerable to criminal acts.
Property owners, especially those operating in areas with known security risks, must implement measures to protect their visitors from foreseeable dangers.
Dog Bites
Dog bites fall under premises liability when an animal attacks someone on the owner's property. Ohio law follows a strict liability approach, meaning that dog owners are responsible for injuries their pets cause regardless of the owner's negligence or knowledge of the animal's aggression.
Swimming Pool Accidents
Swimming pool accidents can result from various factors, including lack of proper fencing, inadequate supervision, or failure to maintain safety equipment. Property owners with swimming pools must adhere to strict safety standards to prevent accidents, especially when children are involved.
Drowning or near-drowning incidents are particularly tragic and often preventable with proper precautions.
Defective Conditions
Defective conditions refer to unsafe aspects of a property, such as faulty electrical systems, broken handrails, or structural issues. These conditions pose significant risks to visitors and are often grounds for premises liability claims.
Property owners should routinely inspect their premises to detect and fix potential hazards that could lead to injury.
Key Elements in Establishing a Premises Liability Case
Certain legal requirements must be met to pursue a premises liability claim. These elements are crucial for establishing the property owner's accountability for injuries sustained on their premises.
Here, we break down the essential components of a premises liability claim:
- Duty of care. Property owners must keep their premises in a reasonably safe condition, protecting visitors from unnecessary dangers.
- Breach of duty. The plaintiff must show that the property owner was aware, or reasonably should have been aware, of a hazardous condition and failed to take appropriate action to rectify it. This failure could involve not repairing a known hazard, such as a broken handrail, or failing to provide adequate warnings, such as signage for wet floors.
- Causation. The injured party must prove that the hazardous condition was the direct cause of the injury. This burden means demonstrating that, but for the unsafe condition, the injury would not have occurred.
- Damages. Lastly, the injured party must have suffered damages due to the incident. Damages can include losses like medical costs, lost income, and pain and suffering. In some cases, damages may also cover future medical expenses or loss of earning capacity if the injury has long-term effects.
Seeking Legal Guidance
Seek legal advice if you've been injured on someone else's property. A lawyer can help you through your case, from understanding the property owner's duties to establishing negligence and seeking fair compensation for your injuries. Legal representation can make a difference in the course of your claim.
To discuss your case with a Columbus attorney, please contact Rourke & Blumenthal at (614) 321-3212.