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Many Toledo area residents are injured every year while visiting a property or business that is owned by someone else. You can suddenly be hurt while at a store, restaurant, recreational area, or even in someone else’s home. Getting emergency medical attention is the most important thing you can do immediately after suffering an injury in an accident. However, people are often uncertain about their legal options going forward. You have the right to file a claim for damages against someone who failed to take the necessary steps to keep you safe as you visited a property they own. As Toledo premises liability lawyers with years of experience, we have helped many injury victims after being hurt in an incident caused by another negligent party. Do not delay in seeking skilled legal help if you or a loved one are in this position.
Contact Kisling, Nestico & Redick to speak with Toledo personal injury lawyer if you or a loved one have been hurt on property that belongs to someone else. We have helped many families navigate the complex legal process. Contact our office today at (419) 324-8205.
Toledo Residents Are Frequently Injured in Premises Liability Accidents
Accidents in Toledo are often in locations that are crowded or where it can be difficult to find help. Those who allow others on their property must make sure that reasonable steps are taken to prevent senseless accidents. This does not always happen and accidents impacting guests are common. Our premises liability attorneys have seen cases where people are seriously injured in the following situations:
- Pool accidents – The Ohio Department of Health states that hundreds of people are injured when falling near a pool or into shallow water. The threat of drowning is particularly serious for children, with 70% of pool drowning victims being under the age of five years.
- Slip and falls – Toledo slip and fall victims are frequently injured by dangerous or damaged floors while on other people’s property.
- Unsafe crowds – There is always a risk of violence or overcrowding when large crowds gather in one place, such as at a sports or entertainment venue like Fifth Third Park in Toledo.
- Snow and ice – Ohio courts will find property owners responsible for falls caused by unnatural accumulation of snow or ice. An example of this would be when a drain pours water on a walkway, and then the water freezes over and becomes a hazard that can cause serious injury.
- Gym and recreation accidents – Defective recreational equipment, or improper use or training, can cause serious injury to guests.
- Negligent child care and daycare – Businesses who watch children on their own premises must take proper steps to make sure that children are safe from common dangers such as sharp objects, toxic substances, or serious falls.
Defining Negligence in Your Premises Liability Case
As the guest or an invitee on a premises that is operated by someone else, you have the right to be protected from unforeseen dangers. Toledo property owners have a duty to exercise reasonable maintenance and safety measures. Furthermore, they must be sure to warn you of present dangers that a reasonable person would not be expected to notice on their own. In order to prove the other party’s negligence in your premises liability lawsuit, your lawyer will have to demonstrate the following:
- You were owed a duty of care – Property owners and occupiers owe guests a duty to take reasonable steps to provide for their care. The owner must make sure that your presence does not put you in serious danger that might be difficult for you to detect.
- The owner or occupier failed – A person who fails to uphold their duty of care can cause someone else serious harm. This can involve countless scenarios, such as failing to fix damaged stairs, or failing to warn you of toxic substances present.
- This failure resulted in your accident – Showing that the other person failed to uphold their duty of care is not enough. Your lawyer must show that the accident you experienced was the direct result of the other party’s careless actions.
- You suffered harm from the accident – Details regarding the damages you sustained must be demonstrated. This can involve showing medical bills, lost wages, and illustrating how your life has been impacted by your accident.
Shared Fault and Trespass in Ohio Premises Liability Law
Many people wonder if they can collect damages in cases where they might hold some of the responsibility for the accident that caused their injuries. Ohio’s comparative negligence law allows for you to recover compensation even if you might be partially responsible. This law states that your recovery can be reduced by the share of responsibility that you hold. For example, it might be found that you should recover $100,000 in damages, but that you also hold 25% of the blame for your injuries. In this case your award would be reduced by 25%, and you would recover $75,000. However, you cannot recover any damages if the court finds that you hold 51% or more of the responsibility for your injuries.
The Ohio Revised Code sets forth protection for trespassers injured on someone else’s property. Courts have sought to give enhanced protection to children trespassers, and this can be seen in the Attractive Nuisance Doctrine. One of the most common scenarios where this is applied involves children falling into swimming pools, wells, or other artificial conditions in the ground. A property owner can be found responsible for a trespasser’s injuries if the following are found:
- The condition exists in a location where the owner has reason to believe children may trespass
- The owner should know that the condition can cause a risk of death or serious injury
- The utility of maintaining the condition or eliminating it are slight compared to the risk of injury posed
- The owner fails to take reasonable steps to eliminate the condition or keep children from accessing it
How a Lawyer Can Help You
Being seriously injured in an accident can turn your world upside down. Law enforcement and first responders in Lucas County and the surrounding Toledo area frequently respond to accident in public buildings, sporting venues, and hotels or restaurants. If you are in this situation, it’s important to not accept any compensation or sign any agreement until you speak with your lawyer. The property owners and their insurance companies will try and give you a small settlement offer in order to make your case go away. Your lawyer must understand how to investigate your accident and build a strong case for recovery.
As Toledo premises liability lawyers with years of experience, we have helped many injury victims negotiate for an acceptable financial settlement from the other party’s insurance providers. If this fails, we will use our years of successful courtroom experience to win your damages at trial. You can receive compensation for the following after a premises injury:
- Current and future medical bills
- Ongoing physical and emotional therapy needs
- Temporary or permanent disability
- Lost wages and loss of future earnings
- Medical and therapy equipment needed for your home or vehicle
- Compensation for travel expenses related to your recovery
A Lawyer From Kisling, Nestico, & Redick Can Help You
Being badly injured can make your life very difficult. You may not be able to return to work, school, or other routing activities for a long time. Our Toledo injury attorneys have worked with many injury victims who have needed extensive medical attention. Fortunately, Ohio law allows you to seek compensation from a premises owner or operator whose negligence caused your harm on their property. These cases can be complex, and Ohio has a strict two-year statute of limitations on personal injury claims. Given the significant evidence that must be collected, and the many different parties that may be involved, we encourage you to call your lawyer as soon as possible.
The Toledo premises liability lawyers at Kisling, Nestico & Redick understand state law and how to help you recover the damages that you need. We know that your life can be completely turned upside down by a sudden and serious injury. Contact our office in Toledo today at (419) 324-8205.