Cleveland Premises Liability Lawyer

Ensuring guests’ safety should be the priority of property owners. However, not every property owner keeps their responsibility, and this lack of due care could lead to fatal accidents. A Cleveland premises liability lawyer can help you recognize your rights in these situations.

When you or a family member has been injured on someone else’s property due to the owner’s lack of due care, you’ll need an experienced Cleveland premises liability lawyer to help you, and that’s where we come to the picture.

The Cleveland premises liability lawyers at Ryan LLP Injury Attorneys have years of experience dealing with cases like these. We will assist you in pursuing compensation and filing a lawsuit against the negligent property owner. Call us at (216) 600-0308 to schedule a free consultation with one of our revered Cleveland personal injury attorneys.

OUR CLEVELAND PREMISES LIABILITY LAWYER CAN DEFEND YOUR RIGHTS TO COMPENSATION

When you forego holding the negligent property owner accountable for their negligence, you allow them to continue their malpractices, which could endanger other people.

You might be worried about the financial ramification of filing a lawsuit. However, at Ryan LLP, you can take advantage of our contingent fee agreement. You don’t have to pay us anything upfront. We only collect payments if we win your case and help you recover compensation.

Our Cleveland personal injury law firm can help you take the necessary legal actions, such as filing a premises liability lawsuit or claim against the negligent property owner.

WHY SHOULD YOU HIRE A CLEVELAND PREMISES LIABILITY ATTORNEY?

Dealing with the effects of an accident is already stressful, let alone dealing with paperwork, phone calls, and insurance companies. If you pursue compensation per se, the other party or their insurance company might take advantage of you.

This is where our personal injury law firm can help. Here’s what you can expect from our team at Ryan LLP Injury Attorneys:

• Case investigation. We will thoroughly investigate the cause of the accident and gather evidence to support your claim.
• Evidence recovery. We will work with medical experts and accident reconstructionists to get the evidence we need to build a strong case.
• Fair settlement negotiation. We will negotiate with the insurance company on your behalf to obtain maximum compensation.
• Trial representation. If the at-fault’s insurance company refuses to offer a fair settlement, we will take your case to court and fight for the compensation you deserve.

You should not suffer from your severe injuries in silence. The other person’s negligence shouldn’t go unaccounted for.

WHAT IS PREMISES LIABILITY?

Before diving into the nitty-gritty, let’s first brush up on the basics. Premises liability is a legal term used to describe the owner’s responsibility for an injury that occurred on their property.

The law appoints the duty of care on property owners to ensure the safety of visitors, guests, and invitees. Because of this assumed responsibility, you can hold property owners accountable for any injuries you sustain while on their property.

Premises liability claim is a civil lawsuit filed by the injured party against the property owner to recover compensation for their injuries.

COMMON CAUSES OF PREMISES LIABILITY CASES

Various factors can cause a premise liability case, but these reasons can be generally classified into three categories:

• Inadequate security. This usually happens in public places, such as bars, nightclubs, and parking garages. Property owners are responsible for ensuring their guests’ safety by providing adequate security.
• Improper maintenance. Poorly-maintained properties are dangerous and can cause accidents. For example, a broken stairway can cause a slip and fall accident.
• Hazardous conditions. Properties in dangerous conditions, such as slippery floors and exposed wires, can incite accidents and injuries.

A person injured from these events can file a premises liability claim against the property owner.

TYPES OF PREMISES LIABILITY CASES WE HANDLE IN CLEVELAND, OHIO

Our Cleveland personal injury law firm is experienced in handling various premises liability cases. From swimming pool accidents to neighborhood dog bites, you can rely on our legal team to handle your case efficiently.

DOG BITES

Did you know that Ohio is a strict liability state regarding dog bites? This means that dog owners are held liable for any injuries their pet caused, regardless of whether the victim was on public or private property.

The dog bite victim can file a personal injury lawsuit against the at-fault party to recover compensation for their medical expenditures, lost income, and emotional suffering.

SLIP AND FALL ACCIDENTS

A slip and fall accident can transpire anywhere, at any time. It can happen in a grocery store, at a friend’s house, or even at your workplace. If you sustained injuries from a slip and fall accident caused by someone else’s negligence, you could file a premises liability claim holding the at-fault party liable.

Determining liability in an accident occurring on someone else’s property can be tricky. You will need to prove that the property owner was aware of the dangerous condition and did not take reasonable steps to fix the defects.

An experienced premises liability lawyer can help you gather evidence, such as eyewitness testimony and surveillance footage to support your claim.

NEGLIGENT MAINTENANCE

The property owner is accountable for maintaining their property in a safe condition. This means providing adequate lighting, regularly inspecting the property for potential hazards, and making the necessary repairs.

If you were injured due to the property owner’s negligence, you could file a premises liability claim against them. You must demonstrate they were aware of the dangerous condition and did not take reasonable steps to maintain the property.

NEGLIGENT SUPERVISION

The property owner is responsible for the safety of their guests. This means they must take reasonable steps to ensure their guests are safe from open and obvious dangers.

If the premise owner failed to provide reasonable care and you were injured, you could file a premises liability claim against them.

INADEQUATE SECURITY

Property owners, especially those who own commercial establishments, are responsible for providing adequate security for their guests. This means they must take reasonable steps to prevent an open and obvious danger, such as assaults and robberies, from happening on their property.

If you were injured due to the property owner’s negligence in providing adequate security, you could file a premises liability claim against them. You will need to prove that they were aware of the dangerous condition and did not take reasonable steps to address the lack of security.

DEFECTIVE CONSTRUCTION

Property defects are another leading cause of premise accidents. For example, stairs with no handrail can cause a slip and fall accident. Additionally, a loose floorboard can cause someone to trip and fall.

If you were injured due to a property defect, you could file a premises liability claim against the at-fault party. The at-fault party could either be the property owner or the contractor who built the defective structure.

ELEVATOR DEFECTS

A defective escalator or elevator can cause severe bodily injury. Because of this, it’s vital to set up warning signs or barricades around the area to prevent people from getting hurt.

If you were injured due to an elevator or escalator defect, you could file a premises liability claim against the at-fault party. The at-fault party, in this case, would be the property owner or the contractor responsible for maintaining the equipment.

Other causes of premise liability cases include:

• Swimming pool accidents
• Amusement park accidents
• Fireworks accidents
• Gas explosions
• Chemical or lead poisoning

Regardless of the origin of your accident, if you were injured due to someone else’s negligence, you have the right to file a premises liability claim against them.

PROVING LIABILITY CASES

You need to manifest evidence for these four elements to prove premises liability claims:

• Duty of care. The private property owner or occupier must take measures to keep the premises reasonably safe. The level of care changes depending on the relationship between the plaintiff and the defendant.
• Violation of duty. The property owner’s liability is to observe the duty of care. The plaintiff must show that the property owner or occupier breached their duty.
• Damages. The plaintiff must have suffered some form of damage, such as physical or emotional injuries, financial losses, or property damage.
• Causation. This element proved the property owner owed the plaintiff a duty of care, and their breach of duty was the basis of the plaintiff’s damages.

Filing a personal injury case is a complicated process. Suppose you were injured on someone else’s property. In that case, you must contact an experienced premises liability lawyer. They can help you explore the legal system and earn the compensation you deserve.

HOW MUCH IS YOUR PREMISES LIABILITY CASE WORTH?

Your case worth depends on the severity of your injuries and the amount of economic and non-economic damages you sustained. When you sustain serious injuries in an accident, the law grants you the right to pursue compensation for your bodily, general, and property damages. Generally, these damages are categorized as economic or non-economic.

• Economic Damages. These are financial losses with a clear monetary value, such as medical bills, lost wages, and property damage.
• Non-economic Damages. These are more personal losses that don’t have a monetary value, such as pain and suffering, emotional suffering, and loss of enjoyment of life.

When you seek compensation for your losses, it can be tempting to accept the initial offer of the defendant’s insurance company. However, this offer is a deliberately low estimate of your losses.

Suppose you want to recover fair compensation for your damages. In that case, you need to contact an experienced premises liability lawyer who can help you evaluate the value of your case and negotiate with the insurance company on your behalf.

WHO CAN BE LIABLE FOR YOUR DAMAGES?

Part of the property owner’s legal duty of care is to ensure the safety of the people who step foot on their land, residence, or building. 

When you suffer serious injury from another person’s property, their liability towards you varies depending on your status on their premises.

• Invitees. These are people on the property for business reasons, such as customers at a store or patients at a hospital. Property owners must take reasonable care to keep their invitees safe from any foreseeable hazards.
• Licensees. These people are on the property for their own conveniences, such as a neighbor dropping by for a visit or someone taking a shortcut through someone’s yard. The property owner only needs to warn licensees of any known dangers on the premises.
• Trespassers. These are visitors who do not have permission to be on the property. The property owner generally does not owe any duty of care towards trespassers. However, there are some deviations to this rule. Suppose the property owner knows that trespassers frequently use their premises and fails to take measures to prevent them from getting hurt. In that case, they can be held liable for their injuries.

You must speak with a premises liability attorney in Cleveland to determine who can be liable for your injuries. Furthermore, they can help you obtain full compensation by filing a personal injury claim against the at-fault party.

OHIO’S COMPARATIVE NEGLIGENCE LAW MAY AFFECT YOUR CASE

According to Ohio Rev. Code Ann. § 2315.33, the state follows a modified comparative negligence law. Based on this rule, the plaintiff’s compensation may be reduced by their percentage of fault or negligent actions in the accident.

For instance, suppose the court finds that the plaintiff is 20% at fault for the accident, and their total damages are $ 10,000. In that case, they can only recover $8,000 from the defendant.

STATUTE OF LIMITATIONS FOR CLEVELAND PREMISES LIABILITY LAWSUITS

According to Ohio Rev. Code Ann. § 2305.10, the statute of limitations for personal injury claims is two years from the date of the accident. So injury victims have two years to file a claim and recover compensation for their losses.

If you don’t initiate your case within this timeframe, the court will bar you from recovering any compensation for your injuries. Therefore, it’s crucial to contact an attorney with expertise in premises liability law.

CONTACT OUR CLEVELAND PREMISES LIABILITY ATTORNEY FOR A FREE CONSULTATION

If you or a loved one has been injured on another person’s property, it’s essential to seek legal help as soon as possible. Our experienced Cleveland premises liability attorneys at Ryan LLP can help you understand your rights and options under the law.

We offer a free consultation to all our clients where we will review your case and answer any questions you may have. Get in touch with our Cleveland premises liability lawyer by calling us at (216) 600-0308.