Ohio Injury Due to a Failure to Install Safety Features: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury Due to a Failure to install safety features required by building codes throughout the State of Ohio.
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Ohio Building Code Violation Lawyers: Premises Liability for Safety Feature Failures
Property owners, landlords, and commercial businesses in Ohio have a fundamental, non-negotiable duty of care to install and maintain safety features mandated by state and local law. Injuries caused by the failure to install safety features, such as missing or inadequate guardrails, non-functional emergency lighting, or faulty stairwell design, are often catastrophic and entirely preventable. When a property owner ignores the Ohio Building Code (OBC), they create a dangerous and negligent environment.
If you or a loved one suffered a severe injury, like a traumatic brain injury or a broken back, due to a known building code violation in Ohio, our experienced Personal Injury Attorney team is prepared to fight. We specialize in complex Premises Liability claims, utilizing code experts to prove negligence per se and pursue maximum compensation under the Ohio Revised Code.
Failure to Install Safety Features: A Breach of Statutory Duty
In Ohio, the legal concept of Premises Liability dictates that owners must ensure the structural and operational safety of their buildings. When a mandatory safety feature is absent or defective, it often constitutes negligence per se—a powerful legal tool that proves the owner breached their legal duty of care simply by violating a safety statute.
Mandatory Safety Features Governed by the Ohio Building Code (OBC)
- Guardrails and Handrails: The OBC mandates specific height, load, and spacing requirements for guardrails on elevated platforms, balconies, decks, and common areas. A missing or inadequate guardrail is a direct cause of falls from height, leading to severe fractures, spinal cord injuries, or wrongful death.
- Emergency Lighting and Egress: Commercial buildings, apartment complexes, and public facilities must have functional emergency lighting and clear exit pathways (egress). The failure to install emergency lighting or maintain batteries can lead to panic, trip and fall injuries, and hinder evacuation during a fire or power outage.
- Stairwell and Step Dimensions: Codes regulate the rise, run, and uniformity of stairs and steps. Violations—such as steps that are too short, too high, or lack proper handrails—create foreseeable trip and fall hazards.
- Safety Glass and Barriers: Building codes require safety glass in specific high-traffic or high-risk areas to prevent lacerations and falling through windows or doors.
Landlord Responsibility Under R.C. § 5321.04:
For residential properties, Ohio Revised Code § 5321.04 requires landlords to keep all common areas safe and sanitary and to make all necessary repairs to keep the premises in a safe and habitable condition. The failure to correct missing or defective guardrails or ensure emergency safety systems are functional directly breaches this statutory duty.
Proving Negligence Per Se with Building Code Audits
In cases involving failure to install safety features, our legal strategy centers on documenting the exact code violation and linking it directly to your injury. We work with certified architects and structural engineers to establish:
- Code Violation Audit: An expert analysis proving the property’s construction or maintenance falls below the specific mandatory requirements of the Ohio Building Code (e.g., a guardrail is 6 inches too short, or emergency lighting failed inspection).
- Notice of Hazard: Evidence that the owner knew (actual notice) or should have known (constructive notice) about the code violation but failed to fix it, demonstrating willful negligence.
- Causation: Medical testimony confirming that the injury (e.g., severe spinal cord injury from a fall) would not have occurred but for the missing safety feature.
Compensation for Code Violation Injuries and Ohio Law
Injuries resulting from a failure to install safety features are often severe, leading to long-term care needs. We aggressively fight for comprehensive recovery, including Economic and Non-Economic damages:
- Medical Bills, Specialist Care, Physical Therapy, and Long-Term Rehabilitation
- Compensation for Brain Injuries, Paralysis, Severe Fractures, and Disfigurement
- Lost Wages, Loss of Future Earning Capacity, and Permanent Disability
- Pain and Suffering, Emotional Distress, and Wrongful Death Damages
The statute of limitations for a Personal Injury lawsuit in Ohio (R.C. § 2305.10) is typically two years from the date of the injury. Due to the need to immediately document the defective condition before the owner makes repairs, prompt legal action is vital.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one suffered a catastrophic injury due to a property owner’s negligent failure to install safety features required by law, contact us immediately for a free consultation.