When you are hurt on the property of another individual, municipality, or business, you have legal rights. Contact the Ohio premises liability attorneys from our firm to learn more about how we can help during this challenging time.
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Ohio Premises Liability Lawyers
Premises liability is the area of law that determines when property owners or tenants are responsible for the injuries suffered on their property. In certain circumstances, when you are injured on the property of a person, business, or municipality, then the landowner or tenant may be responsible for compensating you for your injuries. This is usually true when you were a guest or customer, and you incurred injuries because of a hidden defect.
After a dangerous property accident, call the Ohio premises liability attorneys at Kisling, Nestico & Redick right away. We will thoroughly investigate your situation to determine what happened and why you got hurt. We will analyze the evidence to find out whether the property owner or tenant is liable for your injuries. If so, we can guide you through a premises liability insurance claim or lawsuit.
Premises Liability Claims in Ohio
At Kisling, Nestico & Redick, our experienced lawyers have handled virtually every type of premises liability claim and can assist with every aspect of your case.
Common Premises Liability Accidents
Why Hire a Premises Liability Lawyer?
If you’ve been hurt in a premises liability accident, your top priority should be receiving the medical treatment and emotional support you need to recover safely and efficiently. While you focus on recovering, a premises liability lawyer can assist you with the following:
- Investigations- A premises liability lawyer can perform a thorough investigation of your case and collaborate with experts such as doctors and accident reconstruction specialists if necessary. During an investigation, they will also oversee the collection of medical records and bills, accident reports, photos and videos, property records, and other pieces of evidence that may support your case.
- Negotiations- Following the investigation, a lawyer can negotiate with the property owner’s insurance company to increase your chances of obtaining fair compensation.
- Lawsuit Filings- If your claim cannot be settled, a lawyer can take care of lawsuit documents and file a lawsuit on your behalf.
- Insurance Disputes- In the event an insurance company denies your claim or states that they cannot cover your accident and injuries, a lawyer can appeal the denial.
Premises Liability Damages & Compensation
Through a premises liability claim, you may be able to recover compensation to pay for your injury and damages.
The following types of damages in a personal injury case may be available to you during your premises liability claim:
- Medical expenses- You can be reimbursed for any present and future medical care and treatments associated with your accident. Doctors bills, prescription costs, and rehabilitation expenses will all determine the sum of this damage.
- Loss of Income- If your injury leaves you unable to work, you may receive compensation for your lost income as well the money you would have been able to earn in the future.
- Pain and Suffering- Pain and suffering involves any physical suffering or severe discomfort that you have experienced during the accident and immediately afterwards. Ongoing and future pain may also be considered when calculating pain and suffering.
- Disability- A disability caused by your injury may make it challenging to live life in the way you did before you were injured. If this is the case, your disability may warrant compensation.
- Disfigurement- Disfigurement refers to any burns, scars, changes in skin texture, or alterations in body parts that your injury caused.
- Mental Anguish- A psychological response that accompanies the trauma of an accident or injury is known as mental anguish. Symptoms of mental anguish include anxiety, depression, and a loss of confidence.
- Loss of consortium- If your injury has made it difficult for you to provide your spouse with intimacy, affection, and sexual relations, you may be able to recover compensation for loss of consortium.
Premises Liability: Insurance Coverage
When you are hurt on another party’s property and you seek compensation, there may be premises liability coverage through the property owner or tenant’s insurance policy. If you were injured on another person’s property, you might be able to file a claim against their homeowners or renter’s insurance policy. If you were harmed on a business’s property, they almost certainly have an insurance policy that covers bodily injuries.
Though there may be insurance coverage, that does not mean you will automatically and quickly get a settlement. The insurer will investigate the accident to determine if their policyholder is liable and if you are really injured. During this process, you should have one of our Ohio premises liability attorneys handle the insurance company’s communications and provide evidence of fault and the harm you have suffered.
Then, if the insurer approves your claim, it will calculate a value for your injuries. This is another area in which having a lawyer is essential. The insurer will not want to pay out any more than it has to. Its initial settlement offer will be low. By working with an attorney, you have someone to negotiate an appropriate settlement on your behalf.
Ohio Premises Liability Law
Every state’s premises liability law is different. If you were hurt on another party’s property in Ohio, you should speak with our Ohio premises liability attorneys about the law and your rights.
Overall, premises liability is based on a landowner or tenant having a duty of care toward guests or customers and failing to uphold that duty. In Ohio, the specific duty a landowner or tenant owes you depends on your status on the property. You may be an invitee, licensee, or trespasser.
You are an invitee if you are on another party’s property with explicit or implicit permission and for a purpose that benefits the property owner or tenant. Another way to think about it is that you are on the property for a business or commercial purpose. If you are at the grocery store, shopping for food, then you are an invitee.
A landowner owes invitees the duty to act with ordinary care for the invitee’s safety and protection. The owner or tenant must exercise reasonable care in discovering dangerous defects and either correcting those defects or warning invitees about them.
You are licensee if you are on another person’s property, with implicit or explicit permission, for your own benefit or pleasure. Social guests are considered licensees. If you go to another person’s house for a party, you are a licensee.
When you are a licensee, the landowner or tenant owes you a duty of care, but it is lower than if you were an invitee. The owner must refrain from recklessly or willfully causing you harm. If the owner knows you are on their land though, they must use ordinary care to avoid harming you, which includes warning you about hidden hazards they know about.
You are trespasser when you enter or remain on another party’s property without permission. Landowners owe the same limited duty of care to trespassers as they do to invitees. They only must refrain from willfully, wantonly, or recklessly harming you.
If you incurred harm on another party’s property as an invitee, licensee, or trespasser, contact our Ohio premises liability attorneys right away.
What Are Open and Obvious Hazards?
When discussing premises liability claims, you have to mention the open and obvious doctrine. This rule states that everyone is responsible for noticing “open and obvious” hazards and then avoiding them. During a premises liability lawsuit, this doctrine is an objective test.
A judge or jury will determine whether the condition is one you could have discovered through ordinary care. In other words, if you were looking and walking around normally, you could have noticed the problem.
This doctrine is not about your specific actions. It does not matter what you were actually doing or thinking at the time. It does not matter whether you did or did not notice the hazard. If the court finds the hazard that caused you harm was open and obvious, then the landowner or tenant may not be liable for your injuries.
However, there are exceptions to the open and obvious doctrine in Ohio. This is a common defense, and one you should prepare for. You should work with our Ohio premises liability attorneys to fight back against the owner’s open and obvious argument.
When Can You Sue a Property Owner?
If you were injured on another party’s property, then you need to talk with an attorney about when a property owner can be sued if negligence led to you suffering a personal injury. Just because you were harmed in an accident on another party’s property that does not mean the owner or tenant is liable.
A good example is if you slipped on snow or ice. If you slipped on snow and ice on a business or person’s walkway, you probably could not sue. Ohio’s “Winter Rule” states that property owners and tenants are not required to remove natural accumulations of snow and ice.
However, if you were hurt in an accident that was a result of the property owner or tenant’s negligence, then you may be able to sue. You should speak to a premises liability lawyer as soon as possible after the accident. Our attorneys at Kisling, Nestico & Redick will independently investigate the incident. We will gather as much evidence as we can to determine what went wrong.
We also will review your status on the property to determine the landowner or tenant’s duty toward you. If you were an invitee, we will quickly review the evidence. If there is evidence that shows the owner or tenant failed to uphold an ordinary duty of care or the duty to warn toward you, then our Ohio premises liability attorneys will represent you in pursuing compensation.
If you were a licensee or trespasser, we will review the evidence to determine if the owner or tenant acted recklessly or with malice toward you.
Contact our Ohio Premises Liability Attorneys
If you or a loved one has been injured on someone else’s property, and you believe the property owner was negligent in keeping their property safe, call Kisling, Nestico & Redick right away.
Premises liability cases can be complicated, and you should not have to tackle this yourself. We can guide you through the insurance claim process, and when necessary, we will represent you during a personal injury lawsuit.