What Happens if Someone Gets Hurt on Your Property?

Post by: Eric Jones | Posted Date: March 15th, 2018 | Categories: Columbus Personal Injury Lawyer


An injury on your property can create what lawyers and insurance policies call premises liability. Whether you will owe the injured person compensation and damages will depend on many factors, so consulting with a knowledgeable Ohio premises liability attorney can help you understand the situation and your legal options.

We answer six basic questions about premises liability here. You can ask more specific questions or get help with a case by calling the Jones Law Group at (614) 545-9998. If you would rather contact a premises liability lawyers in Ohio online, fill out this contact form.

 

What Are Premises?

Residences, businesses, and privately owned land count as premises.

 

What Gives Rise to Premises Liability?

By virtue of occupying or owning a premise and inviting others into the space, the occupant, owner, or operator assumes a legal duty to protect visitors from harm. When a person does get hurt or, in a worst-case scenario, suffers a fatal injury on the premises, the victim or victim’s family may have a legal right to demand compensation and damages.

Note that renters are occupants, so premises liability can apply to people who live in an apartment and to business owners who rent their store. Lease terms may come into play when assigning legal liability.

 

When Can an Injury Victim File a Premises Liability Claim?

The obligation to compensate an injury victim exists when the injury resulted from the negligence or recklessness of the premises occupant, owner, or operator. Negligence can mean failing to keep the premises in proper repair, violating building codes, or failing to warn visitors of injury risks. Recklessness can mean intentionally ignoring orders to repair premises or knowingly putting visitors at risk for suffering harm.

 

Does Premises Liability Exist on Public Land?

Government agencies and other public entities do have enforceable obligations to protect, say, park and playground visitors. Victims of injuries on publicly owned premises will want to partner with a dedicated Ohio premises liability attorney when pursuing an insurance claim or civil lawsuit because special rules apply when the defendant is the government.

 

What Kinds of Injuries Create Premises Liability?

The classic example of a premises liability case involves slipping on a wet floor inside a store. This is why premises liability law also goes by the name of the slip-and-fall law.

Other common premises liability injuries are

  • Falls down stairs
  • Slips on icy or snow-covered walkways
  • Falls from balconies or windows
  • Electric shocks
  • Injuries from falling objects
  • Drownings
  • Injuries while using off-road vehicles, especially by unsupervised children
  • Dog bites and animal attacks

Note that each of these events falls into the legal category of personal injuries. Premises liability cases, however, get treated and handled differently from traffic accidents or fraud or medical malpractice. Hiring an attorney who has a strong track record in the kind of case you have will increase your chances of reaching a successful outcome.

Be aware, too, that pets are treated as property under the law. Failing to control an animal and prevent an attack will expose the pet owner to legal liability.

 

What Happens if the Person Who Got Hurt Caused the Accident?

This question highlights the biggest reason to hire a premises liability lawyer in Ohio. Premises occupants, owners, or operators can escape liability by presenting evidence that the person suffered an injury despite all the efforts made to protect the individual. Detailed investigations almost always follow the filing of any premises liability claim.



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