Tittle & Perlmuter Personal Injury Attorneys

Sandusky Premises Liability Lawyer

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Premises Liability Case

When you walk into a store or a neighbor’s house, it seems reasonable to assume the property is safe. Unfortunately, there are many hazards you can encounter on other peoples’ property, such as stacked boxes in a supermarket, potholes in concrete, or ice on a sidewalk. If you suffered injuries on someone else’s property, a Sandusky premises liability lawyer may be able to help.

At Tittle & Perlmuter, our team of personal injury attorneys handles matters involving many kinds of premises liability cases, including negligent property security, swimming pool dangers, slip and falls, mechanical hazards, and falls on stairs, decks, and balconies. No matter the situation, you should have professionals working on your claim.

 

The Basics of Ohio Premises Liability Law

To recover compensation for injuries in a premises liability case, the injured party must prove:

  • The landowner owed a duty of care
  • The landowner breached that duty
  • The breach of duty caused injury
  • The plaintiff sustained compensable losses

In Ohio, an injured party has two years from the date of the accident to file a lawsuit. Attorneys with experience handling premises liability cases could help plaintiffs file within the statute of limitations and collect the evidence necessary to prove a claim.

Injuries from a dangerous property accident can include anything from minor bruising to debilitating conditions or even death. For example, a fall into a hole or down a set of steps can render someone disabled for life.  Recoverable damages could include all direct and consequential losses suffered from medical expenses (present and future), lost income, loss of companionship, and pain and suffering. A knowledgeable Sandusky premises liability attorney could help in calculating all of the losses the plaintiff has suffered.

 

The Importance of an Injured Person’s Status

The first thing a court examines is the duty of care a landowner owed to the injured party. The landlord’s responsibility depends upon the legal status of the person on their property, of which there are three main types.

 

Duty of Care Owed to an Invitee

An invitee is someone who has explicit or implicit permission to be on the property for any reason that benefits the property owner. For example, supermarkets and other stores want people to come in and buy goods. The property owner must exercise “reasonable care” in discovering and fixing dangerous conditions. They must also warn about a dangerous situation, such as a spill in a grocery store aisle. There is an exception to this duty where the dangerous or defective condition is “open and obvious.” In that case, a court can determine that the injured party should have seen the hazard and taken precautions.

 

Duty of Care Owed to a Licensee

A licensee is someone who has permission to be on the property. A social guest at a party, for example, is a licensee. The landowner owes licensees the duty to refrain from willfully, wantonly, or recklessly causing injury. They must only warn of hidden dangers. A Sandusky premises liability lawyer can explain the exception for “recreational users” under Ohio Revised Code § 1533.181. If the injured party had permission to hunt, fish, camp, or swim on the owner’s property, for example, the landowner owes no duty of care to the licensee.

 

Duty of Care Owed to a Trespasser

If the injured party is a trespasser (on the property illegally or without permission), the landowner must only refrain from willfully or recklessly causing harm. In the case of children, however, there can be an exception. Children could gravitate towards a construction site, for instance, so the landowner owes a duty to take reasonable precautions to guard against conditions that would attract children.

 

Contact a Sandusky Premises Liability Lawyer for Help

You can see how a seemingly simple case becomes complex based on Ohio law. Our team of experienced attorneys at Tittle & Perlmuter understands the kind of proof necessary to bring your claim to court. If your injury occurred on someone else’s property (whether commercial, private, or municipal) contact a Sandusky premises liability lawyer today for the legal support you need.

Frequently Asked Questions

How do I know whether I have a case?

Most Ohio compensation claims are based on negligence. That’s a legal term that means acting carelessly in a way that puts others at risk. Even if it was an accident, you may have a strong case. Ask us for a personalized case review.

How much time do I have to file a lawsuit?

Generally, if you are bringing a car accident or other type of general personal injury case, you have two years to bring a lawsuit. However, in medical malpractice or nursing home neglect cases, generally, the statute of limitations is only one year. Always contact a lawyer as soon as possible if you have been injured.

How will my lawyer determine the value of my case?

Each case value is determined individually. To determine the value of the case, your lawyer looks at several factors. They evaluate your financial losses and severity of injury. They factor in the strength of the legal claim and ways to collect your compensation.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, seek medical attention. Follow healthcare guidance. Keep records of medical care received, and ways that your injuries have impacted you. Don’t discard or alter tangible items that may be relevant, like torn clothing or broken objects. Involve a lawyer as soon as possible.

Tittle & Perlmuter

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