Premises Liability Attorney in Columbus
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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 lawsuit, they are not the only types of injuries that can occur on someone else's property. Dog bites, swimming pool accidents, elevator malfunctions, and situations involving negligent security may also provide the basis for a lawsuit for an injured victim to recover.
Connect with an experienced premises liability lawyer near you in Columbus, OH as soon as possible. Dial (614) 321-3212 or submit an online form.
Understanding Premises Liability
Premises liability encompasses a wide range of scenarios where individuals may suffer harm on someone else's property. From wet floors in a grocery store to inadequate lighting in a parking lot, the circumstances under which premises liability can arise are numerous and varied. Ohio law offers protection to victims of these incidents, provided they can demonstrate negligence on the part of the property owner. It’s essential to be aware of the specific circumstances and nuances of each incident, as they significantly impact the potential for recovery and legal proceedings.
What to Do After a Premises Liability Accident
- 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.
- Get witness information, including their names, phone numbers, email addresses, or other contact information.
- Request any security camera footage of the accident if available.
In addition to these immediate steps, it’s beneficial to keep a personal journal documenting how the incident affects your day-to-day life. Detail any pain, discomfort, or obstacles faced during recovery, as this personal account provides a fuller picture of the incident's impact. Such documentation can be a valuable asset when building a comprehensive compensation claim with the support of your premises liability attorney.
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 claim and can represent you throughout the entirety of your legal proceedings to ensure you receive a successful outcome. Many of these claims 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 claim. We have successfully resolved many premises liability claims, with numerous six- and seven-figure awards obtained for those seriously injured in these scenarios.
What is Duty of Care in Premises Liability?
While landowners are responsible for keeping 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
- Licensees
- Trespassers
Invitees, as the name suggests, are people whom the landowner invited onto the premises. This can be a friend or a customer at a retail store. Similarly, a licensee is someone who is allowed on a premises but for 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.
Trespassers are the only party to which the property owner has no responsibility unless the trespasser is a child. Premises liability laws can be complex. If you have questions, contact our firm today for a free consultation.
In cases of child trespassers, the law recognizes the concept of 'attractive nuisance.' This means if a property owner has an object on their property that might attract children—such as a swimming pool—they have an obligation to ensure that it is safe or adequately secured against access by children. This added layer of duty underscores the complexity of premises liability and the importance of seeking professional legal advice to navigate these intricacies effectively.
Premises Liability Cases in Columbus
Columbus, Ohio, known for its vibrant neighborhoods and bustling business districts, also has its share of premises liability incidents. Factors such as high pedestrian traffic areas and older infrastructure can contribute to potential hazards. Common claims here include unsafe sidewalks, poorly lit public spaces, and cluttered aisles in retail settings. Property owners in Columbus must adhere to local safety codes and regulations to ensure public safety. Understanding these local nuances can help identify liable parties and strengthen a claim.
Furthermore, the Columbus city regulations impose specific duties on property owners to address these issues proactively. For instance, during winter months, property owners must clear snow and ice promptly to prevent slip-and-fall accidents. Legal proceedings often require a nuanced understanding of these requirements, as well as evidence of negligence that directly led to an injury. Engaging with a knowledgeable premises liability lawyer familiar with Columbus regulations can greatly enhance the ability to navigate these challenges effectively.
Recovering from an injury is already traumatizing and painful. Resolving a premises liability matter shouldn't be, which is why we are here to help. Contact us at (614) 321-3212 to learn more!
Frequently Asked Questions About Premises Liability
What Are the Common Causes of Premises Liability Accidents?
Premises liability accidents can arise from a variety of circumstances. Common causes include wet or uneven flooring, poor lighting, unsecured objects that can fall, and negligent security measures leading to criminal incidents. In retail environments, overcrowded spaces and spills are frequent culprits, while in residential settings, poorly maintained driveways or steps often lead to injuries. Identifying the root cause is crucial as it helps establish negligence and links the property's condition to the injury sustained.
How Does the Weather in Columbus Affect Premises Liability?
Weather conditions in Columbus can significantly influence premises liability cases. The city experiences cold winters with considerable snow and ice, which can create hazardous conditions if not properly managed by property owners. It's essential for them to maintain safe walkways, adequately removing snow and ice to prevent slip-and-fall accidents. This obligation extends to both residential and commercial properties. Failure to comply with these duties can result in liability if the weather-related hazard causes an injury.
Who Is Liable for Injuries at a Public Event?
Public events in Columbus, such as sports games and festivals, require organizers to undertake extensive safety measures to prevent injuries. Liability for incidents occurring during these events can be complex, often involving multiple parties, including the event organizers, venue owners, and third-party contractors. Each may be responsible for different aspects of safety, from maintaining secure structures to ensuring adequate security. Determining liability involves investigating which party breached their duty to ensure a reasonably safe environment for attendees.
What Steps Should I Take if Injured on a Rental Property?
If you are injured on a rental property, it is essential to notify the landlord or property manager immediately. Document the scene and any contributing hazards, seek medical attention, and keep detailed records of your injury and treatment. Understanding your rights as a tenant is crucial, as landlords have a duty to maintain safe living conditions. Consulting with a premises liability attorney can help determine if there was negligence involved, such as a failure to address known hazards.
How Does Premises Liability Insurance Work?
Premises liability insurance is a form of coverage that property owners purchase to protect against claims of negligence that result in injury on their property. This insurance typically covers legal fees, medical expenses, and damages awarded if the owner is considered responsible for an accident. However, not all policies are created equal; exclusions and limitations can vary widely. Reviewing the policy details is vital to understanding coverage extent, especially when dealing with a claim involving multiple injuries or significant damages.
For professionalguidance, connect with a qualified Columbus premises liability attorney at Rourke & Blumenthal. Contact us or call (614) 321-3212 to secure a free consultation.
A Proven Track Record of Success
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$20,800,000 Drunk Driving Accident
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$8,500,000 Verdict for Amputation Injury
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$7,400,000 Accident Causing Amputation
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$6,500,000 Wrongful Deaths Caused By Arson
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Record-Setting $6,000,000 Wrongful Death
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Learn what our happy clients have to say about working with our team
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Wonderful firm! We have worked with other attorneys in the past and Mike and Tim blew us away. If you have a brain injury in the State of Ohio, you NEED attorneys who are experienced in TBI cases, not just motor vehicle accidents or other personal injury matters. It makes a huge difference having an attorney who understands the medical, emotional, and financial issues a family suffers after a TBI. They are professional, compassionate, and great communicators. I would recommend this office to anyone.- Suzanne
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Attorney Jon Stoudt is the best lawyer I've ever worked with. He did everything he could to help me. From the start, Jon was very responsive and always explained everything in terms I could easily understand. Jon's staff was also kind and responsive. I highly recommend Jon and would use him again in the future. Several months after being done with my case, another lawyer, handling a different part of the case, commented on how well Jon handled my civil suit.- Jillian
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From the very beginning and to the very end of a long process, Mr. Rourke and his team were extremely compassionate, knowledgeable and friendly. I found them to be honest and easy to communicate with, day or night, weekday or weekend. Mr. Rourke was always professional but at the same time made you feel important and took as much time that was needed to explain the many steps in this process. Everyone of his team were very respectful and caring of everyone in my family involved in our case. I will have an admiration for Mr. Rourke and his team for the remainder of my life.- Kelly
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Jonathan Stoudt gave us excellent counsel during our time with him.- Cathy
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Mr Timothy Mahler represented me after a personal injury auto accident. He was professional, knowledgeable, empathetic and experienced. I always felt that he had my best interests as the top priority. I was relieved from the intricate and time-consuming tasks related to the accident, free to focus on healing and recovery. He managed the complicated insurance and settlement to the best outcome. His team always treated me with respect. I would highly recommend Mr Mahler and his team. Thank you.- Cathy B.
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I suffered physical injuries and a concussion from an auto accident in December of 2020. The team, from receptionist to attorneys, were nothing less than stellar, professional, kind, and hard working. The accident and aftermath were extremely stressful; but the Rourkes, Michael Senior and Michael Junior, helped me navigate the process while I focused on healing. For me, recovery from the accident was the most important part of the process. While I worked on recovering, Rourke and Blumenthal worked on negotiating a fantastic settlement for me. I will forever be grateful for their help!- Maggie S.
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Attys. Mike Rourke, Sr. and Mike Rourke, Jr., helped us understand and settle all the legalities after my husband was hit be a car while riding his bicycle. Their extensive knowledge with injury cases, and their professionalism were ever-present, along with their empathy and understanding of what people experience after injuries that change lives. These attorneys always do what they promise, and in a timely and concise manner.. We would recommend Rourke & Blumenthal for anyone who needs legal services related to an accident or injury.- Stefanie M.
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Our family is so grateful to have Rob Miller represent my daughter’s personal injury case. He is extremely knowledgeable about Ohio Law and was very patient with my numerous questions. Rob was always genuinely concerned about my daughter’s recovery and well being first. He is professional, knowledgeable, understanding, patient and we are so pleased with the outcome of the settlement. I would highly recommend Rob Miller to anyone looking for a top personal injury attorney.- Kathy
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