In Ohio, private property is defined as land owned by a person that is used for residential purposes. If you suffered an injury on a residential property, you may be unsure whether you can file a civil claim for damages against the negligent property owner. A Columbus private property liability lawyer can help. Our trustworthy attorneys can review your case and help you decide how to move forward.
Types of Visitors on Personal Property
One of the most important factors our local attorneys will look at is determining what the claimant was doing on the defendant’s property. Anyone coming onto a personal property has a status of invitee, licensee, social guest, or trespasser, depending on why they are on the property. That would need to be identified to determine what responsibilities or duties are owed to them.
Invited Guest
Property owners expressly or implicitly invite a person to their property. For instance, if somebody is coming to deliver the mail or repair something on the property, they are going to be either expressly or implicitly invited to the property. Invitees, licensees, and social guests are invited guests and property owners are expected to warn them of any potential hazards or remove the dangers entirely.
Trespasser
A trespasser is somebody who enters onto a person's property without permission and, usually, with some illegal or non-legitimate purpose. For children who trespass, the question is going to be whether a condition on the property was an attractive nuisance, such as a swing set, pool, or pond that would attract a child onto the property. While property owners only owe adult trespassers a duty to not intentionally cause harm, they could be held liable for harm done to a child who trespasses on their property.
What are the Duties of Private Property Owners?
Private property owners must keep their property safe and avoid creating dangerous conditions or allowing unsafe conditions to exist on their premises. If such conditions exist, they need to take reasonable measures to warn or isolate that area to avoid invited guests from getting hurt.
Comparative Fault
Ohio follows a comparative fault system, which allows a proportional amount of responsibility to be placed on all parties involved in an accident. A person who is more than 50 percent responsible is going to be held responsible or liable for that condition meaning they cannot receive legal recourse. In a case with a plaintiff who has been injured on somebody else's private property, if their fault is less than 50 percent, our Columbus lawyers can help them file a claim against the owner.
Owner’s Rights of Private Land
Private property owners have a right to limit who has access to the property. They also have the right to limit the hours that a person is allowed on their property and to not allow someone to enter and cause damage to their property.
Landlords or owners of private property have different sets of rules as to what a landlord is required to do versus what a tenant is required to do. In Ohio, that would be the landlord-tenant law, and it sets forth each person's duties and responsibilities. Our experienced attorneys of Columbus could explain the unique duties of landlords of private properties during a free consultation.
Call a Columbus Private Property Liability Attorney
It is important to understand your legal rights when deciding how to move forward after suffering harm on a person’s private property. Contact a Columbus private property liability lawyer at our firm to discuss your eligibility for legal restitution. Your
initial consultation is always free. We look forward to hearing from you.
