If you were injured on a property that is not your own, you may be entitled to compensation for your injuries. The Cincinnati premises liability lawyers at the law firm of O’Connor, Acciani & Levy have many decades of experience fighting for the rights of our clients to the compensation they deserve for what they have suffered. We have helped our clients obtain millions of dollars in compensation for their injuries. Our firm never charges upfront fees, and we offer a completely free and confidential consultation to discuss your claim. You pay us nothing unless we help you get compensation, so contact our trusted personal injury attorneys today to find out how we can help you.
Types Of Premises Liability Cases
Some of the most common types of premises liability cases are those involving slip-and-fall injuries. These and other premises liability incidents occur because of a variety of hazards and obstacles, including:- Uneven flooring
- Falling objects
- Dangerous equipment
- Hazardous fixtures and furniture
- Poor lighting
- Elevator or escalator problems
- Broken security cameras
- No security phone or panic button available
- Grocery stores
- Shopping malls
- Retail stores
- Restaurants
- Parking lots
- Sidewalks
- Parking garages
What is Premises Liability?
Premises liability cases arise when a person is injured because of a dangerous condition on another party’s property. The property owner could be held liable if the victim's attorney can prove that the property owner did not fulfill a legal obligation to keep the property safe. The property owner's legal obligations to the victim depend on the victim's legal classification. There are four main types of legal classifications for visitors to a property:Invitee
Invitees are on the property by invitation, whether expressed or implied, for a purpose that benefits the owner. A common example of an invitee is a customer at a retail store. Property owners have a duty to invitees to exercise ordinary care by maintaining the premises in a safe condition. Invitees are often allowed access to only a limited part of the property, not the entire premises. If the invitee goes outside the bounds of the invited area, then he or she becomes a trespasser or a licensee – and the property owner no longer needs to exercise ordinary care. The duty of ordinary care depends on the situation, but it could include removing hazards like wet spots on the floor or repairing a damaged section of the floor or sidewalk. The owner or manager of a property that is used by the public, including a business or governmental property, is responsible for taking all reasonable safety precautions, including making sure the property:- Is free of slippery surfaces where people may walk
- Is properly marked with cones or signs if there are any dangerous areas
- Does not have accessible hazardous areas that could harm children
- Has firm hand rails along all stairwells
- Has elevators that do not create a “step” up or down when stopped at a floor
- Offers ramps or working elevators that allow access to anyone on all available floors
Social Guest
An example of a social guest is someone you invite to your house. The property owner must advise social guests of any known dangerous or unsafe conditions on the property. This includes hazards the property owner should know about.Licensee
These visitors are on the property for their own benefit. A common example of a licensee is a salesperson. Property owners have a duty to avoid wantonly or willfully causing injury to the licensee. This means property owners cannot be held liable for simply being negligent about a hazard or obstacle on the property.Trespasser
A trespasser is someone who enters a property with no invitation, authorization or inducement, but is there purely for his or her own purposes or convenience, according to Ohio Revised Code (ORC) 2305.402(A)(3). Property owners owe trespassers the same duty as licensees. They only need to refrain from willful, wanton or reckless conduct that is likely to cause injury. This means the property owner or manager must not purposely injure or trap a trespasser. According to state law, if the property owner should know or believe that the trespasser is in danger, then the owner must exercise ordinary care to avoid causing injury. A notable exception to this rule is if the trespasser is a child. If the property owner is aware of any possible risk to children and does not exercise reasonable care to eliminate the danger, the owner may be liable (ORC 2305.402[D][1]).Immunity For Recreational Users
In certain situations, Ohio gives property owners immunity from liability for injuries to recreational users of their property (ORC 1533.181). A recreational user is someone who has been granted permission to engage in recreational activities on a certain property, like fishing, swimming, hiking or riding a snowmobile. However, the user had to have been granted permission without paying a fee or consideration to the property owner, other than a lease fee (ORC 1533.18[B]). According to this statute, when property owners allow recreational use of their property:- They are not guaranteeing the person’s safety.
- They assume no responsibility for liability.
- They have no duty to keep the premises safe.
Liability for Use Of School Property
Ohio H.B. 290 § 1 (ORC 3313.791) provides immunity if a person is injured or killed on school property unless the injury, death, or loss to person or property results from willful or wanton misconduct by the school or school district, a member of the school district board of education, or an employee of the school district or of any school in the district. However, the school or school district is not immune from liability if the injured person was part of a group that paid a large fee for using school property. If you were injured as a guest on another party’s property, whether it was private, public, business or governmental, contact our law firm today. You may be entitled to compensation for what you have experienced as a result of your injuries.Forms Of Compensation You May Be Entitled To
If you were injured on someone else’s property, you may be entitled to compensation for your:- Lost wages
- Emergency room costs
- Doctors’ bills
- Medical tests (X-rays, MRIs, CAT scans, etc.)
- Surgery
- Physical therapy
- Occupational therapy
- Pain and suffering
How Can I Prove Premises Liability?
If you were injured due to a dangerous or hazardous condition on someone else’s property, our attorneys will need to prove several things to demonstrate that the owner or manager is liable, such as:- The property owner or manager created the unsafe condition on the property, whether intentionally or unintentionally.
- The property owner or manager had plenty of time to notice the problem, and so he or she should have corrected it before the problem caused harm to someone.
- The property owner or manager did not place appropriate warning signs, barriers or markings to warn visitors of the unsafe condition and prevent them from accessing the unsafe location.
- The injury was directly caused by the hazardous condition and because of the owner’s or manager’s negligence in correcting the hazard or preventing guests from being harmed.
