When you visit the property of another individual or business, you expect to remain safe and free from harm. If you’ve been injured due to another person’s negligence in maintaining their property/land, contact the Cleveland premises liability lawyers from KNR right away.
We are proud to announce The Robert Redick Memorial Scholarship which awards $5,000 to a student pursuing higher-education.
KNR has a long tradition of public service in Ohio. From charitable donations to our volunteer work, Team KNR is proud to give back and ready to help.
Super Lawyers Magazine has named three of our attorneys to the Super Lawyers and Rising Stars lists in 2021.
See how our case results have helped clients rebuild their lives.
ON THIS PAGE
As one of the largest cities in Ohio, Cleveland is a bustling place. The city and its surrounding area have a population of thousands of people. They live here, go to work and school, and participate in various other activities. Yet, like any city, it is not perfect. Homes may be old and in disrepair, businesses may not be as maintained as they should, and the city’s infrastructure may be worn down and hazardous. All of these issues create dangers for you and other visitors or residents of Cleveland.
If you incurred injuries in an incident at another person’s home, at a business, or on a municipality’s property, call the Cleveland premises liability lawyers of Kisling, Nestico & Redick right away. We are here to thoroughly investigate what happened and why. We will gather as much evidence as possible to determine whether another party is at fault for your current condition, and if so, we can represent you in seeking compensation.
Our Cleveland Premises Liability Lawyers Handle All Types of Claims
Ohio premises liability law is all about when property owners are responsible for their visitors’ injuries. This is because social guests, customers, clients, and other visitors can suffer harm in a wide range of property-related accidents.
Some of the most common types of claims we handle involve:
Slip and Falls
We have many clients who were hurt after slipping or tripping on another person’s property because of a wet or greasy floor, pooled liquids, loose carpeting or floorboards, cords, debris, or poor lighting. If you fell on someone else’s property because of a hazard you could not see, call us right away. We understand you may be suffering from serious injuries, and we will help you pursue fair compensation.
Swimming Pool Accidents
It is natural to seek out a pool during Ohio’s hot summer months. You and your family may go to a public pool. Cleveland’s Division of Recreation operates 19 indoor pools and 22 outdoor community pools. Your family may use a private pool at a club or gym or visit friends and family member’s pools. When you go swimming, you expect it to be safe. There should not be any sharp edges in or around the pool. The ground around it should be resistant to becoming slippery. Any filters in or around the pool should be covered to avoid suction injuries. You may find your expectations are wrong when you or a loved one get hurt. Worse yet, your loved one may be hurt or killed by drowning. In these situations, it is best to call our Cleveland premises liability lawyers as soon as possible.
Stair, Balcony, and Deck Accidents
No one thinks about the fixtures attached to buildings, including the stairs, balconies, and decks. If you go in and out of an apartment building, other people’s homes, and businesses, you assume the buildings and these additional elements are sturdy and safe. Property owners and managers often ignore these fixtures. They may not be well-maintained, which means you could be hurt because of loose stairs, rotting boards, and loose rails. When you incur injuries in an accident involving a staircase, deck, or balcony, call the Cleveland premises liability lawyers at Kisling, Nestico & Redick right away.
There is a reason why businesses and landlords have outside lighting, locked gates and entryways, surveillance cameras, and in some cases, security personnel. It is because property owners are often responsible for visitors’ safety. When property owners know that there is crime in the area that could result in their customers or tenants being victimized, they need to take steps to prevent this. When a landowner knows or should know about crime in the vicinity, and they fail to implement appropriate security measures, then they may be responsible when you are injured during a crime. When you are hurt during a crime, call us right away so we can investigate the property owner’s security measures.
Any time you incur harm someone else’s property, and you believe it was because of dangerous aspects of the property, call a Cleveland premises liability attorney for advice and assistance.
Premises Liability Law
Under Ohio premises liability law, there are numerous situations in which property owners are responsible for their visitors’ injuries. This depends on the status of the visitor on the property, and whether the landowner was negligent.
Your status on the property means you are a licensee, invitee, or trespasser.
- You are an invitee when you are on another party’s property with permission and for the property owner’s benefit. You are an invitee when you go shopping at the grocery store or visit the dentist’s office.
- You are a licensee when you are on someone’s property with permission and for your own benefit. When you visit a park or a friend’s house, you are a licensee.
- You are a trespasser when you are on another person, business, or municipality’s land without permission.
Landowners’ Duty of Care for Invitees, Licensees, and Trespassers
Once our Cleveland premises liability lawyers have evaluated your status on the property, we will explain the property owner’s duty of care toward you. This matters in determining when a property owner can be sued if their negligence led to a personal injury. In order to be negligent, the owner must have violated the duty of care they owed you.
Property owners owe invitees the highest duty of care. When you are a business customer or client, they owe you a duty of ordinary care and the duty to warn. Business owners must inspect their properties for dangerous defects. They have to look for hazards a person would not notice using reasonable care. The owners must then fix these problems or warn visitors about them. If you were hurt because a business owner failed to take care of the property or warn you about dangers, then you may be able to prove negligence and obtain compensation.
Property owners owe licensees and trespassers a lower duty of care. They only need to refrain from willfully, wantonly, or recklessly causing you harm. If you were hurt on another person’s property as a licensee or trespasser, you would need to prove the owner was grossly negligent or acted with intent to cause you harm in order to receive compensation.
There are many exceptions to when a landowner is responsible for an invitee’s injuries or for when owners are responsible for licensees’ and trespassers’ injuries. You should not assume a property owner is liable or not without speaking to our experienced Cleveland premises liability lawyers first.
Open and Obvious Dangers Are a Defense
At Kisling, Nestico & Redick, we handle many premises liability claims in Cleveland. One of the most common defenses landowners use to avoid liability is claiming a visitor was hurt due to an open and obvious danger. When this defense is raised, an insurer or court will take an objective look at the question: was the hazard that caused your injuries open and obvious? They will consider whether someone who was using reasonable care would have seen or perceived the danger in order to avoid it.
The insurer or court will not consider whether you actually did or did not notice the hazard. They are not concerned with whether it was open and obvious to you personally. Instead, they are determining whether it was open and obvious to the reasonable, prudent person.
Seeking Premises Liability Compensation
When you are injured on another party’s property due to a hidden hazard and the owner’s negligence, then you may seek compensation. Our Cleveland premises liability lawyers may recommend filing a premises liability lawsuit. This can be used to gather additional evidence of the incident and the property owner’s liability. Filing a lawsuit is also an advantage when pursuing compensation through an insurance claim.
The property owner’s insurance policy may have premises liability coverage. If you were injured in someone’s residence or on their property, then their homeowners or renter’s insurance policy may cover your injuries. Landlords who own apartment buildings and complexes likely have insurance. Also, if you were injured on the property of a business, it most likely has an insurance policy that covers visitors’ bodily injuries.
When the at-fault property owner has insurance, our attorneys will push for you to receive a fair settlement for your injuries. It should include compensation for your:
- Medical expenses
- Loss of income
- Pain and suffering
- Mental Anguish
- Loss of consortium
Call Our Cleveland Premises Liability Lawyers for Help Today
Through our years of experience, we have found that many people who are hurt on someone else’s property are not aware of their rights and options. You may fear you have to take on the costs and other repercussions yourself. You may wrongly believe the property owner is always liable. Regardless of your initial thoughts, it is important to gain accurate legal information and advice from the Cleveland premises liability lawyers at Kisling, Nestico & Redick. You need to know about your rights and what you can do, including whether you can pursue compensation. If you have a valid premises liability claim, we will calculate your damages and fight for you to receive a settlement.