Accidents that leave serious injuries can happen almost anywhere, including on someone else’s property. If you end up getting hurt in a retail store, a private residence, or any place where someone has a duty to maintain safe conditions, you might have a cause for civil action under premises liability law.
Cases based on this section of personal injury law are very often difficult for plaintiffs to handle alone, so you should retain a Chardon premises liability lawyer before filing any such claim yourself. Guidance from a knowledgeable personal injury attorney familiar with this type of litigation is often critical to achieving a positive case outcome, especially if you are filing suit against a private business or municipal agency.
Premises liability law establishes that property owners and managers owe a duty of care to visitors who are on their property legally. In Ohio, this duty of care requires property owners to take reasonable measures to keep their premises safe, which may include remedying hazardous conditions as quickly as possible or marking them as hazardous if they cannot be fixed immediately.
If a legal visitor gets hurt by a hazard that a property owner knew about or reasonably should have known about, the visitor might be able to hold the owner financially liable for any losses they sustain as a result. A local premises liability attorney could help an individual determine whether their circumstances warrant civil litigation on these grounds.
Property owners generally owe no such duty of care to anyone trespassing on any part of their property, provided they do nothing to intentionally harm trespassers or knowingly put them in danger. However, property owners can be held liable for injuries to trespassing children, caused by their failure to secure “attractive nuisances” like construction machinery or a swimming pool.
A recovery in a premises liability claim might be limited if the court that oversees a case deems the plaintiff to be partially responsible for their own injuries. Under Ohio Revised Code §2315.33, a plaintiff found partially liable for an accident may have their damage award proportionally reduced by their percentage of fault, and a plaintiff who was more than 50 percent at fault cannot recover compensation at all.
Additionally, there is a filing deadline of two years on most hazardous property claims. Since waiting more than two years after their accident before filing suit can completely bar a civil plaintiff from recovery, it is recommended that anyone seeking to file a dangerous property suit to hire a nearby lawyer as soon as possible so they do not miss the filing deadline.
Holding a private landowner or manager responsible for injuries that occur on their premises is not a straightforward process. There are many steps to take and legal hurdles to overcome before you can recover compensation, and there are numerous ways in which defendants and their legal counsel could contest your right to recovery.
You could be put at a severe disadvantage if you do not seek help from a Chardon premises liability lawyer. To find out how the team at Tittle & Perlmuter could help in your unique circumstances, call today to set up a consultation.