When you’re harmed on the property of an Akron resident or business owner, you have legal options. Call the Akron premises liability lawyers at KNR for help.
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When you live, work, and play in Akron, you expect wherever you go to be safe. You do not anticipate that the sidewalks, parks, and businesses will have some hidden dangerous aspects. You never anticipate that you could be involved in an accident that causes you harm. Yet, one day, when you are going about your business, you could be hurt on another person, business, or municipality’s property. In this situation, we recommend contacting our Akron premises liability lawyers at Kisling, Nestico & Redick.
Under Akron premises liability, the property owners may be at fault and liable for your injuries. You may have the right to pursue compensation through an insurance claim or lawsuit.
We are here to conduct an in-depth investigation into the accident that caused you harm. We will determine what went wrong, who was at fault, and who is liable. After obtaining the necessary evidence, we will fight hard for you to receive fair compensation.
Common Premises Liability Claims
Our Akron premises liability lawyers handle cases, including:
Slip and Falls
We represent many individuals who were hurt after slipping or tripping and falling on another party’s property. Spills, liquids, recently mopped or waxed floors, loose carpet, rugs, and mats often cause these incidents. Falls are a common cause of non-fatal accidents, though they are often deadly for seniors. You may suffer broken bones, dislocated shoulders, neck and back injuries, and other serious injuries.
Swimming Pool Accidents
We have represented individuals who incurred injuries at public and private pools. Common issues are slipping and falling on slick surfaces, being cut by sharp edges, being harmed by suction filters, and drowning injuries. We have also represented families who lost loved ones by drowning.
Stair, Balcony, and Deck Accidents
Stairs, balconies, and decks are common building fixtures. You may not think much about them. However, when these elements are not properly maintained, they can become extremely dangerous. Our Akron premises liability lawyers have represented many individuals hurt due to loose or rotting stairs and balcony or deck boards. We also have handled many cases arising due to loose railings or areas without proper railings.
Property owners are responsible for being aware of the risk of crimes in the surrounding area. If the risk of crimes extends to the guests or customers on their property, then they must take steps to keep visitors safe. This can include installing surveillance cameras, locking doors or gates, turning on outside lighting, or hiring security personnel. If a property owner is aware of the risk of crime yet fails to provide adequate security, then they may be liable if you become the victim of a crime.
If you were injured in one of these types of incidents or in any other dangerous property accident, do not hesitate to call Kisling, Nestico & Redick. We are here to listen to your story about what happened. We can then investigate the circumstances to determine what happened, the property owner’s duty to you, and whether the owner was negligent. If there is evidence of negligence, then our Akron premises liability lawyers can represent you in pursuing compensation for your physical, psychological, and financial injuries.
Ohio Premises Liability Law
When you incur harm on anyone else’s property, it is important to consider Ohio’s premises liability law. The best way to learn about the law is to speak with our attorneys. We will listen to your situation, explain the law, and discuss with you when property owners can be sued if their negligence led to a personal injury.
In Ohio, why you were on the property and whether or not you had permission matters. If you had permission to be on another party’s property, either explicit or implicit permission, and you were there for the owner’s benefit, then you are an invitee. If you were on another party’s property with permission but for your own benefit, then you are a licensee. If you are on another party’s property without permission, then you are a trespasser.
Property owners in Ohio owe a duty of ordinary care and a duty to warn to invitees. The property owner, or the tenant depending on the situation, is required to inspect and keep track of their premises. They need to look for hazards that visitors would not notice when using a normal amount of care. Essentially, they are looking for hidden and discrete dangers. It is then the owner or tenant’s responsibility to repair the hazards or warn visitors about them.
If a property owner fails to inspect their property regularly and then fix or warn about dangers, the property owner is negligent. When this negligence leads to the incident that causes you harm, you may pursue compensation from the owner.
However, if you were a licensee or trespasser, your rights are much different. Property owners owe a lesser duty of care to you. They are responsible for not wantonly, willfully, or recklessly hurting you. Essentially, they cannot put you in danger. However, they are not required to actively keep you safe.
If you incurred harm as a licensee or trespasser, our Akron premises liability lawyers would carefully review the circumstances to determine whether you may pursue compensation from the property owner. We will provide an objective analysis of your situation and of the likelihood of obtaining a settlement or court ruling in your favor.
Was the Danger Open and Obvious?
When you pursue compensation from a property owner for injuries you suffered on their premises, they may defend themselves by claiming the hazard was open and obvious. An insurer or court will review whether the hazard relevant to your case is objective open and obvious. They will determine whether a person would have observed the danger using ordinary care. The issue is not whether you actually noticed it or not. If it was an open and obvious danger, then this defense could defeat your claim or limit your compensation.
If you are up against the open and obvious defense, or you think it may come up, you should have our Akron premises liability lawyers on your case. We have represented many individuals against businesses and insurers who claimed the open and obvious doctrine. We will fight against this defense and push for you to receive fair compensation for your injuries.
Proof in a Premises Liability Claim
If you wish to hold an owner liable for the injuries you sustained on their property, then you must prove:
- The owner owed you a duty of care
- The owner knew or should have known there was a hidden danger on the property
- The owner did not fix the danger or warn visitors about it
- You were injured by the hidden danger on the property
To talk with an Akron premises liability lawyer about proving each of these elements, call Kisling, Nestico & Redick right away.
Pursuing Premises Liability Compensation
If there is evidence to support an insurance and legal claim, then our Akron premises liability lawyers can represent you in pursuit of compensation. In many cases, we recommend filing a premises liability lawsuit quickly. This enables us to use the discovery process to obtain more evidence. It also shows the property owner and their insurer that we are serious about your claim. That being said, many premises liability cases do not go to trial. Instead, we negotiate a settlement with a person’s homeowners or renter’s insurance company or a business’s liability insurance provider. Many individuals and most businesses will have an insurance policy with some premises liability coverage.
Either through an insurance claim or a premises liability lawsuit, we will strive for you to receive compensation for your:
- Medical expenses
- Loss of income
- Pain and suffering
- Mental anguish
- Loss of consortium
Contact Our Akron Premises Liability Lawyers for Help Today
After you are injured or lose a loved one because of an incident on another party’s property, you should speak with the attorneys at Kisling, Nestico & Redick. You may have a right to pursue compensation, but you may not know without talking to a knowledgeable and experienced lawyer about your situation.
We are here to help. When you have a premises liability claim, we can represent you during litigation and through the insurance process. We will help you receive the medical care you need and the time to focus on your recovery. We will handle the paperwork and communications with the insurer and other party’s legal team. We will fight hard to prove the other party’s liability, and then to negotiate a fair settlement for you.