Westerville Premises Liability Lawyer

Premises liability is a specific legal responsibility of property possessors, landowners, and occupiers to keep their property safe for visitors they invite to enter and protect them from harm. When someone suffers injuries while visiting another party’s property because of unsafe conditions, personal injury laws allow them to initiate legal action and pursue compensation.  While the civil court process is in place to protect the public, it is complex and often overwhelming for those without experience. A Westerville premises liability lawyer could help you through the process and advocate for a just outcome. 

Contact one of our experienced personal injury attorneys for a free case review. 

Premises Liability Lawsuits 

Establishing fault in Westerville premises liability lawsuits requires that the claim prove the defendant had a legal obligation, referred to as a duty of care, to maintain reasonably safe premises for people entering their property. They must do regular maintenance and address potential hazards on the property. 

Further, the owner must warn visitors until the repair is complete. They must conduct regular property inspections to find defects and take adequate steps to prevent foreseeable accidents from occurring on their premises. 

Visitor Types 

Another essential aspect of premises liability claims is identifying the visitor’s legal status at the time of entry. Property owners owe varying levels of duty of care depending on the classification—ranging from heightened responsibility to no legal obligation at all.

  • Invitees: The first group is the invitees, anyone the owner invites onto the property for business purposes. Examples are customers entering a convenience or grocery store. The person responsible for the premises owes invitees the most significant duty of care and must protect them from preventable accidents.   
  • Licensees: Those falling in the second group are called licensees, and they enter the property lawfully, with permission, but for personal reasons, such as social guests. Property owners and possessors owe a moderate duty of care to licensees and must warn them of potential risks to the property.   
  • Trespassers: People in this group enter the property without permission from the landowner. Under Ohio Revised Code § 2305.402, the property owner or possessor has no duty of care to trespassers, except for purposeful and reckless willful or wanton conduct the landowner knew or should have known would cause them harm. In other words, the possessor may not set a trap to cause them harm for trespassing. 

During the consultation, a Westerville premises liability attorney could answer questions about the process and help determine under which visitor category they fall. 

Common Property Hazards

Some examples of the common property hazards leading to legal action include the following: 

  • Dog bites and attacks 
  • Electric shock from faulty wiring 
  • Falling objects, such as those from shelves in stores
  • Defective and dangerous stairways or handrails
  •   Defective and dangerous stairways or handrails    
  • Negligent security in areas with high crime rates  
  • Inadequate lighting leading to falls in stairwells or parking garages 
  • Slip and fall accidents from floor and walkway defects, tripping hazards, spills, etc
  • Swimming pool accidents, such as near drowning, caused by the property owner or possessor’s negligence   

After reviewing the case, a premises liability lawyer in Westerville could answer specific questions about the regulations, process, and potential recoverable damages. Examples of monetary damages include payment for medical care, lost salary, and pain and suffering. 

Speak to a Proficient Premises Liability Attorney in Westerville About Your Case

Premises liability statutes cover a range of personal injury lawsuits in Ohio resulting from preventable accidents occurring on someone else’s property. Most states, countrywide, require that owners and possessors keep the premises safe for those they invite to enter and warn them of potential risks until they complete the repairs when problems arise. 

You could be eligible for compensation if you or someone close to you suffered bodily harm because of landowner negligence. Contact us today to speak to a skilled Westerville premises liability lawyer.