Slip and fall accidents can be over in an instant yet leave lasting injuries, which can be life-altering and expensive to treat. According to the Centers for Disease Control and Prevention (CDC), falls are the most common cause of traumatic brain injuries. If you were hurt because you encountered a hazard on someone else’s property, you may have a premises liability case.
Your injuries may keep you out of work and leave you with staggering medical bills. Seeking compensation from the property owner can give you back your financial freedom. You can pursue a financial recovery on your own or you can work with a premises liability lawyer serving Marysville, Ohio with Bressman Law.
What Is a Premises Liability Case?
A premises liability case is a legal case in which a party suffered an injury because of hazardous conditions on another party’s property. Most premises liability cases detail someone falling because of an unmitigated hazard. Premises liability cases can involve several types of hazards and there are different injuries victims can suffer.
Our lawyer will listen to your story and evaluate the details to determine whether you have a valid case.
Elements of a Premises Liability Case
No matter what type of hazard led to your injuries, all premises liability cases must include these four elements:
- Duty of care: The property owner owed you a duty of care or an obligation to keep his property free of hazards, be aware of any existing hazards, and warn you of those hazards.
- Breach of duty: The owner knew or should have known about the hazard, did not fix it, and did not warn you about it.
- The breach caused injuries: You suffered injuries because the owner failed to fix the hazard or warn you about it.
- Injuries caused financial damages: Your injuries caused a direct financial impact, and you can be compensated financially.
Exceptions to Ohio’s Premises Liability Laws
In general, if you are on someone else’s property, the owner owes you a duty of care. For example, if you are at work, shopping in a store, or visiting a friend, the owner has an obligation to keep you safe from hazards. However, Ohio law provides some exceptions to these rules.
- Property owners owe no duty of care to people who are using the property recreationally, according to Ohio Revised Code Section 1533.181. Examples of recreational use include hiking, fishing, or hunting with permission on someone else’s land.
- Property owners do not owe a duty of care to trespassers unless they become aware of them. If the owner discovers their presence, he owes trespassers the same duty of care that he owes to anyone else.
- Property owners with an “attractive nuisance,” such as a pool on their property, must take extra precautions to keep trespassing children safe. Owners have an obligation to eliminate the danger to children; for example, by installing a tall fence with locks around a pool.
For a free legal consultation with a premises liability attorney in Marysville, call (614) 538-1116
Recovering Damages in a Union County Premises Liability Case
Damages compensate you for both tangible and intangible losses caused by your injuries. Our lawyer will evaluate your case, gather evidence related to your losses, and determine the damages that may be available to you. Your compensation may cover an array of damages.
Economic Damages in a Premises Liability Case
If the incident caused you tangible losses, you may be entitled to economic damages.
Tangible losses include:
- Medical treatment, including anticipated future treatment
- Medical equipment
- Damage to personal belongings
- Lost wages, including anticipated future lost wages
- Diminished future earnings if you are forced to take a lower-paying job later
Non-Economic Damages in a Premises Liability Case
If your injuries caused you intangible losses, you may be entitled to non-economic damages. Intangible losses include:
- Permanent disability or disfigurement
- Loss of a limb or other body part
- Mental health conditions such as depression, anxiety, or insomnia
- Inability to care for yourself
- An overall reduced quality of life
- Pain and suffering
Marysville Premises Liability Attorney (614) 538-1116
Benefits of Working With Our Injury Lawyers
You don’t have to work with a personal injury lawyer, but you may find that working with one makes the legal and insurance process easier. Lawyers with our firm know the inner workings of this process and can explain all the damages that may be available to you.
Our lawyer will:
- Investigate the incident: We will show that the owner knew or should have known about the hazard that injured you, failed to warn you, and is liable for your injuries.
- Estimate your damages: We will use evidence such as medical bills, medical records, past wage statements, and more to estimate your losses.
- Negotiate a settlement: We will negotiate a settlement that fairly compensates you.
- File a lawsuit: If we cannot agree on a settlement with the claims adjuster, we will sue the property owner.
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Legal Deadlines in a Marysville Premises Liability Case
According to Ohio Revised Code Section 2305.10, the statute of limitations for personal injury is generally two years. This law means that you have two years from the date of your injury to file a lawsuit against the party responsible for your injuries.
There can be exceptions to this limit, so talk to our lawyer serving Marysville, Ohio to determine the deadline for filing your lawsuit. It is best to assume there will not be exceptions, though.
Don’t delay in seeking legal representation; you don’t want to miss out on the compensation you deserve.
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Bressman Law Can Advocate for You in a Premises Liability Case
If you suffered injuries or lost a loved one in a premises liability case in Marysville, Ohio, you may be entitled to damages for medical bills, lost wages, and more. An injury lawyer may be able to help you recover damages for various expenses.