What Is Premises Liability?
Premises liability is the legal responsibility of property owners and occupiers to maintain their property in a reasonably safe condition for visitors. When a property owner's negligence causes an injury, the injured person may have a premises liability claim.
Common premises liability cases include slip and fall accidents, trip and fall accidents, inadequate security, swimming pool accidents, dog bites, and injuries caused by defective conditions on the property.
Types of Premises Liability Cases
Slip and Fall
Wet floors, icy sidewalks, and slippery surfaces that property owners knew about or should have known about and failed to fix or warn about.
Trip and Fall
Uneven pavement, broken stairs, torn carpeting, and other tripping hazards that property owners failed to repair or warn visitors about.
Inadequate Security
Property owners who fail to provide adequate security in areas with known crime risks may be liable for assaults, robberies, and other criminal acts on their premises.
Dog Bites
Ohio has a strict liability dog bite statute. Dog owners are liable for injuries caused by their dogs regardless of whether the dog had previously shown aggressive behavior.
Swimming Pool Accidents
Pool owners have heightened duties to prevent drowning and other pool accidents, particularly when children are involved. Inadequate fencing and supervision are common issues.
Elevator and Escalator Accidents
Malfunctioning elevators and escalators in commercial buildings can cause serious injuries. Building owners and maintenance companies may be liable.
Notice Is Key
To win a premises liability case, you must show the property owner knew or should have known about the dangerous condition. Evidence of prior complaints, inspection records, and the duration of the hazard is critical.
Comparative Fault Defense
Property owners often argue that the injured person was not paying attention or was in an area where they should not have been. We know how to counter these arguments.
Incident Reports Matter
If you are injured on someone's property, report the incident to the property owner or manager and request a copy of the incident report. This creates a contemporaneous record of the accident.
Frequently Asked Questions
What do I need to prove in a slip and fall case?
You must prove that the property owner knew or should have known about the dangerous condition, failed to fix it or warn you, and that the condition caused your injury. Evidence of how long the hazard existed is particularly important.
Does Ohio have a comparative fault rule for slip and fall cases?
Yes. If you were partially at fault for your fall (for example, by not paying attention), your recovery is reduced by your percentage of fault. You can still recover as long as you were not more than 50% at fault.
What if I fell in a store or restaurant?
Commercial property owners have a duty to inspect their premises regularly and fix or warn about hazards. We investigate maintenance records, inspection logs, and surveillance footage to build your case.
Can I sue the government if I fell on a public sidewalk?
Yes, but government claims have special notice requirements and shorter deadlines. In Ohio, you must file a notice of claim within a specific time period. Contact an attorney immediately if you were injured on government property.
How long do I have to file a premises liability lawsuit?
The statute of limitations for premises liability claims in Ohio is generally two years from the date of the injury. Government claims may have shorter deadlines.