Premise Liability Personal Injury Compensation
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury at a business or private entity throughout the State of Ohio.
Call TOLL FREE: (800) 848-5297 today to schedule a Free Consultation with on of our Premise Liability Personal Injury Attorneys.
Damages in Ohio Premises Liability Cases: Seeking Full Compensation
When a property owner’s negligence leads to a serious accident—such as a slip and fall, a toxic exposure injury, or an unmaintained fire hazard—the victim is often left facing mounting medical bills, lost wages, and profound physical and emotional suffering. In Ohio, a successful Premises Liability claim allows the injured party to seek comprehensive financial recovery, known as "damages," from the negligent property owner or manager.
Our experienced Personal Injury Attorney team is dedicated to maximizing the compensation our clients receive. We meticulously calculate all damages owed under the Ohio Revised Code to ensure you are fully compensated for every loss resulting from the owner's negligence. Don't settle for less than your injury demands.
Types of Compensation (Damages) Under Ohio Law
In Ohio Premises Liability cases, damages are categorized primarily into two types: Economic (or Special) Damages and Non-Economic (or General) Damages. In rare instances of extreme misconduct, Punitive Damages may also be awarded.
1. Economic Damages (Quantifiable Losses)
Economic Damages cover direct, verifiable financial losses that can be proven with bills, invoices, and wage statements. There are generally no caps on these damages under Ohio law (R.C. § 2315.18).
- Medical Expenses: All past, present, and reasonably anticipated future medical costs related to the injury. This includes ambulance fees, hospital stays, surgical procedures, doctor visits, prescription medications, physical therapy, and required adaptive equipment (wheelchairs, home modifications).
- Lost Wages and Income: Compensation for income and salary lost due to time missed from work during recovery. This also covers bonuses, commissions, and other employment benefits.
- Loss of Future Earning Capacity: If the injury results in permanent disability, preventing the victim from returning to their previous job or earning a similar income, the claim covers the difference in future projected lifetime earnings.
- Property Damage: The cost to repair or replace any personal property damaged in the accident (e.g., clothing, smartphone, watch).
2. Non-Economic Damages (Subjective Losses)
Non-Economic Damages compensate for the subjective, non-monetary impact the injury has had on the victim's life. These are often capped in Ohio (R.C. § 2315.18).
- Pain and Suffering: Compensation for the physical discomfort, agony, and ongoing chronic pain experienced due to the injury.
- Emotional Distress: Recovery for the mental anguish, fear, anxiety, depression, and psychological trauma caused by the accident and its aftermath.
- Loss of Consortium/Companionship: Damages awarded to the injured person's spouse for the negative impact the injury has had on the marital relationship (loss of affection, comfort, society, and sexual relations).
- Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, recreational activities, or daily activities the victim enjoyed before the injury (e.g., playing sports, gardening, traveling).
- Disfigurement or Impairment: Damages for scarring, loss of limbs, permanent neurological impairment, or any physical change that negatively affects the victim’s life.
3. Punitive Damages (R.C. § 2315.21)
Punitive Damages are rarely awarded in Ohio Personal Injury cases. They are not intended to compensate the victim for a loss but rather to punish the defendant for egregious, malicious, or reckless behavior and to deter similar conduct in the future. To receive punitive damages, we must prove that the property owner's actions or inactions showed malice, aggravated or egregious fraud, or an intent to cause injury (R.C. § 2315.21).
Key Ohio Statutory Restrictions on Damages
Ohio law imposes certain limits and rules that affect the total compensation a victim may receive:
- Non-Economic Damages Cap (R.C. § 2315.18): For most standard Personal Injury claims, non-economic damages are capped at the greater of $250,000 or three times the amount of the victim's economic damages, up to a maximum of $350,000 per claimant or $500,000 per incident.
- Exceptions to the Cap: This cap does not apply if the injury resulted in permanent and substantial physical deformity (e.g., severe disfigurement, amputation) or a permanent functional injury that prevents the injured person from caring for themselves.
- Comparative Negligence (R.C. § 2315.33): Ohio follows a modified comparative negligence rule. If you are found to be partly at fault for the accident, your total compensation will be reduced by your percentage of fault. If your fault is found to be greater than the combined fault of the property owner and all other defendants (over 50%), you are barred from recovering any compensation.
Secure the Compensation You Deserve
Calculating the true value of a Premises Liability claim—especially when dealing with long-term injury or disability—is complex. Don't let the property owner's insurance company undervalue your suffering. Our firm handles all negotiations and litigation to protect your rights.