Property owners are responsible for keeping visitors to their homes or business locations safe from injury or harm. There is a legal obligation for all property owners to act responsibly when maintaining the safety of their property and/or clearly marking or removing any hazardous situations from areas that may place visitors at risk for a fall or other type of accident. However, accidents do happen, and in some situations, the injuries and financial consequences the victim experiences are directly linked to the negligence or wrongdoing of the property owner. Premises liability law was enacted to protect individuals who are injured or suffer harm due to a property owner’s actions or lack thereof. There are thousands of injuries each year related to premises liability incidents.
If you’ve been injured on someone else’s property and you believe that the accident occurred due to a property owner’s negligence or wrongdoing, you may need to initiate a premises liability claim to seek restitution for financial and other losses. Contact an attorney in your area who is experienced and knowledgeable about premises liability law to review your case and determine the best course of action for seeking compensation.
Ohio Premises Liability Law
Negligence is a key term in Ohio’s premises liability statutes. What this means is that liability is determined based on the extent to which each party contributed to the accident. For example, if it is determined that your own carelessness or negligent actions contributed 40 percent to your own injuries on someone else’s property, you would be able to recover only 60 percent of your losses from the property owner. If you are found to be more than 50 percent at fault for the accident, then you are ineligible to recover compensation for the incident under Ohio law. In other words, you must be able to prove that you were less than half of the cause of the accident to have a viable premises liability case.
Also, proving that the property owner had a legal duty to prevent harm and keep you safe while visiting the property is essential to a successful premises liability case. You must be able to demonstrate how his or her failure to fulfill this duty is the direct cause of your accident, injuries and resulting financial losses. You must, in addition, have documented and quantifiable losses to support your claim. Medical bills, proof of lost wages, and proof of pain and suffering must accompany your claim in order to seek financial restitution from the responsible party.
To prove fault in an Ohio premises liability case, one of the following scenarios must apply to the accident. Remember that in Ohio, it must be proven that the property owner had a duty not to cause harm in the situation, and be prepared to support this claim.
- You must prove that the property owner was the cause of the dangerous or hazardous situation that caused your accident. For example, if you slipped and fell on a broken step or damaged walkway that obviously was ignored for some time, you should obtain photographs of the area and present them with your claim. Businesses are also responsible for any of their employees’ negligence that contributed to your injuries.
- There must have been a way for the property owner to be aware of the situation prior to your accident. If the hazard was temporary and impossible to remedy prior to your injury, such as a sudden spill, you may have difficulty proving this point in court. Be prepared to show how the dangerous setting was clearly existent for a duration long enough to allow the property owner to fix it prior to anyone being injured.
- Be prepared to show how a more reasonable person would have acted more responsibly in the same situation.
Call David Bressman
If you’ve been in a slip and fall accident in Ohio, David Bressman can help. Bressman Law specializes in personal injury and premises liability cases and can help obtain the compensation you deserve. Contact David Bressman to review your case. Call 877-538-1116 to schedule a consultation.