Premises Liability Frequently Asked Questions
If you were injured because of an unsafe condition on another person's property, you may have questions about your rights and potential premises-liability claim. The answers below provide general information about premises liability in Ohio.
1. What is premises liability?
Premises liability is the area of law addressing injuries caused by dangerous or defective conditions on property. Property owners, landlords, businesses, and others responsible for maintaining property may have a legal duty to keep the premises reasonably safe and to warn lawful visitors about hazards they know about or reasonably should discover.
Premises-liability claims may arise from slip-and-fall accidents, inadequate lighting, unsafe stairs, defective sidewalks, falling objects, negligent security, swimming-pool hazards, or other dangerous conditions.
2. Who may be responsible for an injury on property?
Depending on the circumstances, potentially responsible parties may include a property owner, landlord, business operator, tenant, property-management company, maintenance contractor, security company, or another party responsible for creating, controlling, or repairing the dangerous condition.
Responsibility depends on factors such as who controlled the property, who created the hazard, who knew or should have known about it, and whether the injured person was an invitee, licensee, or trespasser. Claims involving governmental property may be subject to additional rules and requirements.
3. What must I prove in an Ohio premises-liability claim?
An Ohio premises-liability claim generally requires proof of four basic components:
● Duty: The defendant owed you a legal duty of care based on the relationship between you and the property or its owner.
● Breach: The defendant failed to act reasonably, such as by creating a hazard, failing to correct a dangerous condition, or failing to provide an adequate warning.
● Causation: The defendant's conduct or the dangerous condition directly and proximately caused your injury.
● Damages: You suffered legally compensable losses, such as medical expenses, lost income, pain and suffering, or disability.
The evidence required depends on the specific hazard, the property owner's knowledge, the circumstances of the accident, and the nature of the injuries.
4. What is an open-and-obvious condition, and how can it affect a claim?
An open-and-obvious condition is a hazard that a reasonable person would ordinarily be expected to discover and appreciate. Under Ohio law, a property owner generally has no duty to warn of dangers that are open and obvious because the condition may eliminate the owner's duty to warn.
Whether a condition was truly open and obvious depends on the facts. Factors such as lighting, distractions, weather, the condition's size and visibility, attendant circumstances, and whether the hazard was obscured may be important. The defense does not automatically resolve every premises-liability claim, so the specific circumstances should be carefully evaluated.
5. What evidence should I preserve after a fall or other premises injury?
Important evidence may include:
● Photographs or videos of the hazardous condition, surrounding area, lighting, and signage;
● Photographs of your injuries, clothing, and footwear;
● Incident reports and communications with the property owner or business;
● Names and contact information for witnesses;
● Medical records, bills, and instructions from healthcare providers;
● Surveillance or security-camera footage;
● Inspection, maintenance, cleaning, and repair records;
● Weather records, if weather contributed to the incident; and
● Documentation of missed work, lost income, and other out-of-pocket expenses.
Report the incident promptly when appropriate, but avoid altering or discarding relevant evidence. Surveillance footage may be routinely overwritten, so preserving it quickly can be especially important.
6. What if the property owner says I was trespassing or partially at fault?
Property owners may argue that an injured person was trespassing, lacked permission to be on the property, ignored a warning, failed to use reasonable care, or otherwise contributed to the accident. The legal duties owed may differ depending on whether the person was an invitee, licensee, or trespasser.
Ohio generally applies comparative-fault principles. If an injured person is found partly responsible, the recovery may be reduced by that person's percentage of fault. Recovery may be barred if the injured person's percentage of fault is greater than the combined fault of the parties from whom recovery is sought. The effect of these defenses depends on the facts and applicable law.
7. Can I recover for medical bills, lost income, pain and suffering, and other damages?
Potential damages may include:
● Past and future medical expenses;
● Rehabilitation and other healthcare costs;
● Past and future lost income;
● Loss of earning capacity;
● Pain and suffering;
● Emotional distress;
● Permanent impairment, scarring, or disfigurement;
● Out-of-pocket expenses; and
● Loss of enjoyment of life.
The availability and value of damages depend on the nature and severity of the injury, the evidence connecting the losses to the incident, the injured person's recovery, and any applicable defenses.
8. How long do I have to bring a premises-liability claim in Ohio?
Ohio's general statute of limitations for bodily-injury claims is often two years from the date of injury under Ohio Revised Code Section 2305.10. However, the applicable deadline may differ because of the type of claim, the identity of the defendant, a disability, a minor's status, a governmental-entity requirement, a construction-related statute of repose, or another exception or tolling rule.
Do not assume that you have two years in every case. A potential claim should be reviewed promptly so that applicable deadlines and preservation requirements can be identified.
9. Should I give a recorded statement or sign an insurance release?
You should be cautious before giving a recorded statement to an insurance company or signing a release. A recorded statement may be used to characterize your accident, condition, or ability to work in a way that affects your claim. A release may permanently waive claims, including claims for future medical treatment or complications.
You may provide basic information required for an investigation, but consider consulting a premises-liability attorney before making a recorded statement or signing documents that could affect your legal rights.
10. When should I contact a premises-liability attorney?
You should consider contacting an attorney as soon as possible after a serious premises injury, particularly if you suffered a fracture, head injury, spinal injury, surgery, permanent impairment, significant wage loss, or substantial medical expenses. Legal guidance may also be important if the property owner or insurer disputes responsibility, blames you for the accident, refuses to preserve evidence, or asks you to sign a release.
An attorney can help investigate the condition, identify potentially responsible parties, preserve evidence, evaluate applicable deadlines, and determine whether pursuing a claim may be appropriate.
Disclaimer
This document provides general educational information and is not legal advice. Premises-liability law, available claims, damages, defenses, and filing deadlines depend on the specific facts of each case. No result is guaranteed. Consult a qualified attorney regarding your particular circumstances.
Contact Us
If you or a loved one was injured because of a dangerous condition on property, contact Braden Blumenstiel Legal Advocates Group, LLC, to discuss your situation. Call 614-508-1677 or 888-343-9796 for a consultation.
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