Premises Liability Attorneys Serving Clients in Cincinnati & All of Ohio
If you have been injured on someone else’s property, a Cincinnati premises liability lawyer can help you pursue fair compensation for your injuries. For more than 25 years, Colombo Law has been fighting for the rights of personal injury victims. Qualified legal assistance is key for obtaining the full compensation you deserve.
Call Colombo Law at 513-599-8841 if you were injured on a property other than your own in the Cincinnati area. Your initial consultation is FREE, and you pay nothing unless we win.
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What Is the Premises Liability Law in Ohio?
Ohio’s premises liability law gives personal injury victims the right to bring legal action against negligent property owners. By law, the owner of a property is required to exercise reasonable caution in making the premises safe for lawful visitors.
The legal obligations imposed on a property owner depend on the legal classification of the person accessing the premises:
Invitees
An invitee is someone who enters a property with the permission of the owner for a purpose beneficial to the owner. Permission may be express (such as a social guest invited to the property) or implied (such as customers accessing an establishment during business hours or workers entering the property to perform tasks for the owner).
The highest level of care is owed to invitees. Property owners are generally required to:
- Regularly inspect the premises for possible dangers
- Warn invitees of potential hazards on the premises
- Address a hazardous condition in a timely fashion
Licensees
Whereas an invitee enters the property for the benefit of the owner, a licensee is someone who is lawfully allowed to enter the premises but for their own purposes. For example, salespeople are classified as licensees.
Generally speaking, property owners are only liable for injury to a licensee as a result of reckless or wanton behavior. However, Ohio premises liability law includes an exception for hunters, fishermen, and other recreational users. According to Ohio Revised Code (ORC) Section 1533.18, the owners of premises used for recreational purposes are not responsible for users’ safety on the property.
Trespasser
A trespasser is someone who accesses another’s property for their own purposes without the express or implied consent of the owner. ORC 2305.402 states that property owners do not owe a duty of care to trespassers. However, they are required to avoid “willful, wanton, or reckless conduct” that may cause harm. In other words, property owners may not intentionally try to injure a trespasser.
It is important to note that Ohio courts have adopted the “attractive nuisance” doctrine when it comes to children who unwittingly trespass on a property. An attractive nuisance is an artificial condition that represents an unreasonable risk to the child’s safety (such as an unguarded swimming pool). Property owners in Ohio may be held liable if they fail to use reasonable care in preventing an artificial condition from harming a child (such as placing a fence around a swimming pool).
What Are Premises Liability Principles?
Premises liability claims operate on the same principle as other personal injury matters. That is, you need to prove that the property owner’s negligence caused your injuries and damages.
The elements in a premises liability claim are:
- Duty of Care: The duty of care refers to the property owner’s responsibility for the safety of visitors. It varies depending on the visitor’s legal classification (see above).
- Breach: A breach is an act or failure to act that violates the duty of care. Claims of negligence against a property owner must be supported by compelling evidence.
- Causation: Evidence must show that the property owner’s negligence caused the injury.
- Damages: These refer to the economic and non-economic losses suffered as a result of injuries sustained due to a hazard on the property.
Accidents on dangerous premises may seem straightforward. In reality, however, these claims can be difficult to pursue. A Cincinnati premises liability lawyer can provide you with knowledgeable support and navigate the legal principles on your behalf with the goal of maximizing compensation for your losses.
What Are Some Common Situations Where Premises Liability Comes Into Play?
Premises liability covers incidents on all types of properties, from private residences to commercial buildings to public land. If you have been injured on premises owned and operated by someone else, you may have a claim.
Many different situations can lead to injury or wrongful death on a dangerous property. Some of the most common examples include:
- Wet and slippery floors, sidewalks, etc.
- Tripping hazards in walkways
- Uneven floors
- Inadequate lighting
- Missing or damaged handrails
- Improper cleaning and maintenance procedures
- Lack of warning signs
- Objects falling from heights
- Unsecured animals on the premises
- Negligent or inadequate security
- Malfunctioning escalators and elevators
- Hazardous materials on the premises
At Colombo Law, we advocate for people who have been injured or lost loved ones due to the negligence and wrongdoing of others. Common situations our premises liability attorneys handle include:
- Slip & Fall Accidents
- Trip & Fall Accidents
- Dog Bites
- Work-Related Injuries
- Natural Gas Explosions
- Asbestos Exposure
We have obtained millions of dollars for our clients. This is due not only to our superior skill in negotiating settlements but our unique strategy of preparing every case as though it will end up going to trial.
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How a Cincinnati Slip and Fall Attorney Can Help
Slips, trips, and falls account for a significant portion of accidental injuries. The National Safety Council has identified falls as the second leading cause of accidental death in homes and on the job.
Falls should always be taken seriously. Injuries that may be sustained in a slip and fall accident include:
- Broken bones, especially in the hands, wrists, arms, knees, and hips
- Head injuries
- Trauma to the face and mouth
- Lacerations
- Soft tissue injuries, including strains, sprains, contusions, and tears
- Nerve damage
- Spinal cord injuries
- Internal injuries
If you slip and fall on someone else’s property, you should get medical attention immediately and report the incident to the owner as soon as possible. You also owe it to yourself to speak to a Cincinnati slip and fall attorney.
When you contact Colombo Law, we get to work immediately. Conditions that lead to slip and falls are cleaned up or removed quickly, so we will arrive on the premises ASAP to collect evidence. This includes photographing the area, speaking to witnesses, and obtaining video footage.
A Cincinnati slip and fall lawyer will strive to prove that the property owner or occupant was responsible for your injuries. Having qualified legal representation is essential for getting a favorable settlement or, if the case goes to court, trial award.
Read More: Can I Claim Compensation for a Slip and Fall?
Is There a Statute of Limitations for Premises Liability Claims?
Yes. In Ohio, you have up to 2 years to bring legal action against a property owner for injuries sustained on the premises. Wait too long, and you will forfeit the right to compensation.
Preparing a strong case takes time. Depending on the severity of your injuries and losses, you may be in no condition to handle everything involved in the claim by yourself. A Cincinnati premises liability attorney can take the lead, aggressively pursuing your case within the deadline.
Who May Be Held Liable?
The owner is generally liable for injuries sustained on a property. Lessees, renters, and occupants may also be named in premises liability claims if they were legally responsible for the cleanliness, maintenance, and/or security of the property at the time of the accident.
Prompt investigation is key for holding all liable parties accountable. Knowledgeable premises liability lawyers can identify the owner or operator of the dangerous property and bring legal action on your behalf. Potential defendants include:
- Residential properties (homes, condominiums, and apartment buildings)
- Supermarkets
- Retail stores and shopping malls
- Bars and restaurants
- Parking lots, garages, and structures
- Hotels, motels, and casinos
- Nursing homes
- Swimming pools
- Amusement parks
- Public parks, trails, playgrounds, etc.
- School property (liability is limited to “willful or wanton misconduct”; see ORC 3313.791)
- Construction sites
- Government property
No two claims are exactly alike. Contact Colombo Law to discuss your case for FREE. Our team can help you understand all of your legal options.
Types of Compensation in a Premises Liability Claim
People injured on dangerous premises through no fault of their own may be entitled to substantial compensation. The key is to account for all of the losses you and your family have suffered.
A Cincinnati premises liability lawyer can seek compensation for the following:
- Medical expenses, including hospitalization, surgery, rehabilitation, and therapy costs
- Lost wages
- The loss of future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Scarring and disfigurement
- Loss of the enjoyment of life
Damages for a slip and fall or other premises-related injury may be obtained via settlement or an award at trial. As with other personal injury cases, insurance companies are involved in virtually all premises liability claims.
To obtain a settlement, Colombo Law will negotiate with the defendant(s) and their insurer. Our goal is to settle your claim for a fair amount, striking a balance between getting the money you need quickly and not leaving money on the table.
Most premises liability cases settle without a trial being necessary. If further litigation is required, our lawyers can file a lawsuit on your behalf and undertake all necessary preparations for trial. Colombo Law is a well-respected trial law firm. When you hire us, you can expect high-quality representation in pre-trial matters and, ultimately, in the courtroom.
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Why You Need a Premises Liability Lawyer
Being injured on another’s property can lead to serious injuries. These injuries can affect all areas of your life, from daily tasks to the ability to work and so much more. In this situation, it is natural to feel frustrated, angry, and anxious for the future.
Colombo Law can provide you with much-needed assistance in a difficult time. While you focus on healing from your injuries and trying to get back to some sense of normality, our attorneys can take steps to bring your case to a just conclusion.
A Cincinnati premises liability attorney acts as an important ally in these complicated legal matters. Some of the ways a lawyer can assist you include:
- Proving liability: As the name suggests, the right to recovery in a premises liability claim rests on the ability to prove that another party (likely the owner of the property) was responsible for the injuries you suffered. Our team diligently collects evidence to prove the accident was caused by another’s negligence.
- Establishing damages: It can be difficult to know what the long-term physical, emotional, and financial impact of an injury will be. With only one chance at compensation, your attorney needs to identify all current and future damages you may be due. Colombo Law’s extensive resources and relationships with experts enable us to confidently make these complex calculations.
- Preparing your case: Attorneys use their experience, knowledge, and training to build effective claims on behalf of their clients. Our commitment to success starts on the day you hire us. We handle all of the research, paperwork, and other preparations on your behalf, keeping you informed of our progress at all times.
- Countering defense tactics: Defendants and insurance companies often try to place the blame on the plaintiff, arguing that they weren’t sufficiently careful. This is especially true in cases involving slip-and-falls and trip-and-falls, where evidence tends to be short-lived. We will fight to maximize compensation; with Ohio’s comparative negligence rule, you may still be entitled to recovery even if you were partly at fault.
- Fighting for you: Colombo Law is equally capable of obtaining results through settlement negotiations and at trial. We work with you closely throughout the entirety of your case to ensure the outcome meets your particular needs and goals.
With the Colombo Advantage, you have dedicated legal professionals advocating for your best interest. Our team handles every case with the utmost respect, attention to detail, and compassion for each client’s situation.
Why Is Premises Liability Important?
Premises liability law is important because it sets the standards property owners need to meet in order to avoid injuring visitors. It also provides recourse for individuals who are injured on unsafe premises.
Working with an experienced premises liability lawyer is the best way to protect your rights. Colombo Law can help hold property owners accountable.
Contact Colombo Law Today
Don’t wait to seek legal counsel if you or someone you love was injured by dangerous or hazardous conditions on a property. For a FREE case review with a Cincinnati premises liability lawyer, call 513-599-8841 today. Attorneys at Colombo Law serve clients throughout Ohio.