Premises Liability
Premises liability is a specific area of personal injury law focused on holding property owners or businesses responsible for injuries that occur on their property. Property owners owe a duty of care to legal visitors. They are required to maintain a safe environment or, at the very least, warn visitors of potential hazards in order to minimize the risk of injuries. If they fail to do so, they can be held liable for any resulting injuries.
The most common type of premises liability claim is a slip-and-fall accident. These occur when someone slips or trips on a hazardous surface or object on the property. Other common examples of premises liability claims include:
While some premises liability claims can arise from strict liability, like dog bites, but more often than not these are negligence torts. The property owner must be found negligent in order for the injured party to be entitled to compensation.
Negligence can include failing to provide adequate security measures or failing to properly maintain the premises in order to prevent foreseeable injuries. Knowing there’s a danger or risk and failing to take action is often key to proving negligence. If you can’t prove the property owner or business knew about the hazard or should have reasonably known (like having adequate time to discover the danger), it may be hard to prove negligence.
If the injured person can prove negligence, they may be able to recover damages for medical expenses, lost wages due to missed work time, pain and suffering and other costs associated with their injury.
Not all personal injury cases are caused by third-party negligence. In fact, many people injured on someone else’s property may share some degree of fault for their injuries. In cases like these, Ohio’s contributory fault doctrine will be used to calculate appropriate damages.
Contributory fault (Section 2315.33) is a legal doctrine that assigns responsibility for an injury to both the injured party and the property owner. It’s based on the idea that both parties are partially responsible for the injury and assigns a percentage of fault to each. The amount of damages awarded to the injured party is then reduced by their percentage of fault.
For example, if you slipped on a wet floor at a grocery store but there was a wet floor sign posted, which you ignored, you may not have a strong case and will need to share fault for the accident and your injuries.
If you’ve been injured on someone else’s property due to negligence, it may be in your best interest to contact a Cleveland premises liability lawyer as soon as possible. At the Buckeye Law Group, our team of experienced attorneys can help you understand your rights and pursue the compensation you deserve. Call 1-800-411-PAIN to schedule a free consultation.
The Buckeye Law Group Inc. represents people injured in auto accidents, slip and falls, workplace accidents and more in Ohio. Contact us today to learn more.
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