If you get into an accident on someone else’s premises, you can get ample damages for your injuries. Learn how A Columbus OH premises liability lawyer can help.
There are many reasons why we may find ourselves on commercial properties that we don’t own. From visiting a shopping mall or swimming in a public pool, we sometimes place our safety in the hands of a property owner. As we do, we trust that they will provide safe premises and keep us away from all dangerous conditions. Unfortunately, however, this is not always the case.
Sometimes, a property owner’s acts of negligence can cause accidents for us in their premises. When that happens, and we sustain significant bodily harm, Ohio’s premises liability laws allow us to claim compensation. Such negligent property owners will foot the medical expenses as well as pay other types of damages.
However, to increase your chances of winning your premises liability lawsuits or claims, you need an experienced premises liability lawyer. Your accident lawyers will provide you with all the legal help they can offer to ensure that you get justice. Many times, they also offer you emotional support to help you heal nicely.
What Are the Most Common Types of Premises Liability Claims in Ohio?
Many personal injury cases are also common premises liability cases. They are:
Slips and Falls
Slips and falls are undoubtedly the most common types of premises liability cases in Ohio. According to The National Floor Safety Insititute (NFSI), falls account for over 8 million hospital emergency room visits, making it the leading cause of visits. Slips and falls can cause severe injuries ranging from fractures to traumatic brain injuries and soft tissue injuries. In some cases, a victim may also suffer neck injury and spinal cord injury.
Slips and falls happen when something causes you to lose balance, trip, and sustain injuries due to a resulting fall. This type of accident usually occurs in grocery stores, restaurants, workplaces, and parking lots. The most common causes of slips and falls include wet floors, poor safety practices, and environmental hazards.
Swimming Pool Accidents
Swimming is an amazing recreational activity. However, it’s also quite easy to sustain severe injuries from poorly managed or maintained swimming pools. That’s especially where there are children in unsupervised areas. In swimming pool accidents, the property owners will be liable to pay damages where:
- Kids or guests were left unsupervised at the pool
- They failed to warn about an unsafe condition or concealed such conditions.
- There is a lack of adequate safety equipment
- They didn’t maintain the pool properly
- There was no fencing, or the fencing was inadequate
When a property owner has dogs in their premises, they must ensure that the dogs harm no one. That’s especially when the injured person wasn’t teasing or abusing the dogs. Ohio uses the strict liability rule when it comes to dog bites. That is, the injured party doesn’t need to prove that the dog owner was negligent in controlling the dog.
Inadequate Security Claims
In Columbus, building owners have a duty to ensure that they provide adequate security on their premises. For large premises and business owners, this may mean employing door attendants or security guards. In addition, if someone breaks into such a building and assaults someone, the injured person can bring an action against the property owner.
Elevator and Escalator Accidents
Many people have sustained severe injuries due to escalator malfunction in shopping malls and many other public places. Most times, such accidents are a direct result of faulty maintenance and overuse. Since elevators are delicate technology, property owners must pay adequate attention to hazards that may cause injuries to their guests. Failure to carry out standard routine inspections on such escalators and elevators can lead to a commercial premises liability claim.
There are many other places where premises liability claims may arise from hotels to restaurants and parking lots.
How Do I Prove My Premises Liability Claim?
Sustaining a premises injury isn’t enough to guarantee your financial compensation in an injury claim or lawsuit. To succeed in a premises liability case, you must prove all of the following:
- The Presence of a Hazardous Condition
Hazardous conditions refer to anything likely to cause an accident or injury on a property. Many adverse conditions can pose a risk in buildings, from wet surfaces to cracked flooring, inadequate lighting, and faulty wiring. To win a premises liability claim, you must prove the presence of any of such unsafe conditions.
- The Defendant Is the Owner or Manager of the Property in Question
You can only bring a premises liability claim against someone whose duty was to ensure the safety of the premises. Most times, such a responsible party is the property owner or manager. Therefore, filing a claim against someone else may be futile.
- The Property Owner Was Aware or Was Reasonably Expected To Be Aware of the Unsafe Condition
You may also need to show that the premises owner knew about the dangerous condition and took no steps to repair them. But, again, you can also allege that they didn’t warn about such unsafe conditions.
- The Plaintiff Sustained Injuries Because of the Accident on the Negligent Owner’s Property
Apart from sustaining injuries on the premises, you must show that the injuries were a direct consequence of the accident. To gather ample evidence for your premises liability case, your personal injury lawyer may need to provide the following evidence:
- Witness statements
- Medical records and bills
- Accident reports
- Footage from security cameras
Why Do I Need a Premises Liability Attorney?
One of the most important tips to winning a premises liability case is to hire an experienced premises liability lawyer. Your premises liability lawyer or personal injury attorney will offer you the following essential legal services:
- Investigations and Information Gathering
The success of your case hinges significantly on your ability to provide enough evidence to sustain your claims. As such, your experienced attorney will conduct independent investigations to build a strong case against the defendants.
- Negotiation Services
Your lawyers will negotiate with the necessary insurance companies to ensure you receive adequate compensation for your injuries.
- Legal Documentation and Compliance
From preparing legal documents to filing them promptly, your attorney will handle all the complex paperwork in your case. They will also ensure that you don’t fall foul of any of your duties and obligations in the case.
- Legal Representation
If you have to file a premises liability lawsuit, your lawyer will argue your case convincingly in court.
- Legal Advice and Updates
Your lawyer will provide you with reports about your cases’ progress and offer you quality legal advice where needed.
Let’s Help You Win Your Personal Injury Claim!
It is the duty of every property owner to ensure that they keep their premises safe for the authorized public. So, if you had an injury because a premises owner negligently disregarded their duty of care, you deserve fair compensation. Our Columbus premises liability lawyers at Babin Law will help you build a strong case and get financial compensation quickly.
Regardless of how complicated you feel your premises liability case is, we’ll always get you the results you desire. Again, we are available 24/7 to attend to any legal concerns or questions you may have regarding your case. What’s more, we can handle your case on a contingency basis to ensure that nothing stands in the way of justice. Contact us for a free consultation immediately.