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