What is Premise Liability?
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Injury at a business or private entity throughout the State of Ohio.
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Ohio Premises Liability Lawyers: Holding Negligent Property Owners Accountable
When you suffer a serious injury on someone else's property—whether it's a grocery store, an apartment complex, a private home, or a major attraction—you may have a Premises Liability claim. This area of law holds property owners, landlords, and businesses accountable when their negligence in maintaining a safe environment leads to a foreseeable accident or injury.
Property owners in Ohio have a strict duty of care to their visitors. If that duty is breached, resulting in catastrophic injuries, our experienced Personal Injury Attorney team is prepared to fight. We thoroughly investigate the property conditions, gather evidence of negligence, and pursue maximum compensation under the Ohio Revised Code.
What is Premises Liability?
Premises Liability is the legal concept that makes a property owner or occupier financially responsible for injuries that occur on their land or in their building due to unsafe conditions. It is based on the legal principle of negligence.
The Foundational Duty of Care in Ohio
In Ohio, the owner's legal obligation (the duty of care) depends heavily on the injured person's legal status when they were on the property:
- Invitee: Someone invited onto the property for the owner's financial benefit (like a customer at a store) or a social guest. Owners owe the highest duty of care to invitees, which means they must actively inspect the premises, correct known hazards, and warn of dangers they reasonably should know about.
- Licensee: Someone on the property with permission for their own benefit (like a utility worker or a salesperson). Owners must warn licensees of known hidden dangers, but they generally do not have a duty to inspect for unknown hazards.
- Trespasser: Someone on the property without permission. Owners typically owe no duty to adult trespassers, except to refrain from willfully or wantonly injuring them. However, children are often afforded greater protection under the Attractive Nuisance Doctrine.
To win a Premises Liability case, we must prove the owner knew, or should have known, about the dangerous condition and failed to take reasonable steps to fix it or warn visitors.
Common Premises Liability Accidents in Ohio
Premises Liability is a broad legal category that applies to almost any injury caused by a dangerous condition on property, including commercial businesses, residential rentals, and public spaces. Our firm handles a wide range of these claims:
1. Slip, Trip, and Fall Injury
The most common type of claim. This includes slip and falls on wet floors, unmanaged ice or snow, or liquids; and trip and falls on broken sidewalks, potholes, torn carpet, or hidden debris. We challenge the "Open and Obvious" defense by proving the hazard was concealed or unreasonably dangerous.
2. Crime-Related Injury at a Business (Negligent Security)
Owners of apartment buildings, malls, hotels, and parking garages have a duty to protect customers and tenants from foreseeable crime-related injury (e.g., assault, robbery) if there is a history of criminal activity. Liability is established by proving the owner failed to provide adequate security, lighting, or functioning locks.
3. Animal Attack Injury (Dog Bites)
In Ohio, dog owners are held strictly liable for injuries caused by their dogs, such as animal attack injury (dog bites), regardless of the owner's prior knowledge of the dog's viciousness (R.C. § 955.28). This strict liability standard simplifies premises liability claims involving dog attacks.
4. Injury Due to Defective Property Conditions
This covers injuries from structural failures that violate the Ohio Building Code, such as unstable balconies, collapsed decks, broken stair railings, missing handrails, uneven steps, or defective equipment like malfunctioning elevators and escalators.
5. Injury Due to Fire, Smoke, and Carbon Monoxide
Owners are responsible for complying with the Ohio Fire Code and state statutes on detector maintenance. Claims include severe burns, smoke inhalation, and carbon monoxide poisoning due to faulty wiring, blocked fire exits, or non-functional smoke/CO detectors (R.C. § 5321.04).
6. Pool and Water Injury
Owners of swimming pools and water attractions are liable for injuries like drowning or near-drowning due to inadequate fencing, lack of supervision, or failure to comply with federal standards for anti-entrapment pool drains.
7. Injury Due to Toxic and Environmental Spills and Exposure
When injuries result from exposure to dangerous substances, such as lead poisoning (peeling paint), mold from unaddressed leaks, or chemical/hazardous waste **spills at a business** or apartment complex, the owner may be liable for the resulting illnesses (e.g., chronic respiratory issues).
8. Other Types of Injury at a Business or Attraction
This includes injuries at places like amusement parks (due to poorly maintained rides), construction sites, stadiums, and gyms, all stemming from the property owner’s negligence in upkeep or supervision.
Don't Delay: Ohio's Statute of Limitations (R.C. 2305.10)
For most Personal Injury claims, including Premises Liability actions, Ohio law requires that a lawsuit be filed within the statute of limitations of two years from the date of the injury (R.C. § 2305.10). It is critical to consult an attorney as soon as possible, as gathering key evidence—like security footage, inspection logs, and maintenance records—is time-sensitive.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one has suffered serious injury due to a property owner's negligence, you need immediate legal counsel to protect your rights.