Understanding Premises Liability in Ohio
Premises liability refers to the responsibility property owners or occupiers have to keep their property safe and free from dangerous conditions that could cause harm. In Ohio, this responsibility is governed by laws designed to protect individuals who visit a property. If a property owner or occupier neglects to maintain their premises in a safe condition, they may be held legally responsible for injuries that occur as a result. When it comes to a premises liability case, the core issue is whether the property owner failed to take reasonable steps to prevent injury. For example, if a property owner knew about a spill in their store but did not clean it up in time, they may be responsible for any injuries resulting from that spill. Similarly, if a property owner ignores a broken sidewalk or poorly lit stairwell, and someone is injured as a result, the owner could be held liable for not addressing the danger. It’s important to note that this responsibility applies to both private homeowners and businesses. For instance, if you are injured on a business’s property due to unsafe conditions, the business owner could be found liable. In contrast, injuries occurring on public property could involve government entities, depending on the situation. In any case, the property owner is typically the first party to consider when determining who is responsible for the injury.
Dan Ryan
Attorney
Elizabeth Fitzgerald
Paralegal
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our FirmDetermining Responsibility for Your Injuries
Figuring out who is responsible for your injuries in a premises liability case is not always straightforward. In most situations, the property owner or occupier is responsible for maintaining safe conditions. However, the details of the case can influence how responsibility is assigned. For example, if you are injured in a store after slipping on a wet floor, the store owner might be liable for not cleaning up the mess or providing a warning about the danger. On the other hand, if your injury occurs on a sidewalk that is poorly maintained by the city or county, you may be able to hold the local government responsible. These kinds of cases, involving government property, can be more complex due to specific legal rules surrounding governmental liability. It’s also important to consider the nature of your visit to the property, as this can affect who is responsible for your injury. Ohio law generally distinguishes between different types of visitors to a property. These distinctions can determine the level of care the property owner is required to take and how likely it is that the owner will be held responsible for an injury.Types of Visitors in Premises Liability Cases
In Ohio, the law differentiates between different types of visitors to a property, and each category of visitor is owed a different level of care. Whether the property owner is liable for an injury can depend on your status as a visitor. An invitee is someone who enters a property with the property owner’s permission for a purpose that benefits the owner, such as a customer in a store. Property owners owe invitees the highest duty of care, meaning they are expected to regularly inspect the property for hazards, fix dangerous conditions, and warn visitors of any potential dangers. A licensee, on the other hand, is someone who is invited onto the property but not for the property owner’s benefit. This could include social guests or someone who enters a property to visit a friend. Property owners owe a lower duty of care to licensees, but they still must warn them about known hazards and avoid creating new dangers. A trespasser is someone who enters the property without the owner’s permission. Property owners generally do not owe trespassers a duty to keep the property safe, though there are exceptions. For instance, if the property owner knows a trespasser regularly enters the property, they may be required to take steps to prevent injury. Determining your status as a visitor is important when it comes to evaluating whether the property owner can be held responsible for your injuries.
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