Premises liability law in Ohio holds property owners or tenants liable for the injuries that occur on their property due to dangerous or unsafe conditions. When you’re injured on someone else’s property in Cincinnati, you may have a premises liability claim if you can prove the property owner’s negligence. Your status as a visitor on the premises can affect whether the property owner can be held liable for your injuries. You generally have a two-year legal deadline to file a premises liability lawsuit.
If you or a loved one was injured on someone else’s property in Cincinnati, contact Young, Reverman & Bolotin premises liability lawyers at 513-400-0000 for a free consultation.
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When Is a Property Owner Legally Responsible for Injuries in Cincinnati?
A property owner can be held legally responsible for a visitor’s injuries in Cincinnati if the injuries occur on their premises because of their negligence. Property owners in Ohio have a legal responsibility to keep their property reasonably safe for lawful visitors. This could be through carrying out regular inspections, fixing known hazards, adequately warning visitors about dangers, providing adequate security, or taking other reasonable steps to keep the environment safe for visitors.
If property owners fail to meet their duty, they can be held liable for the resulting injuries. When you’re injured on someone else’s property in Cincinnati, a premises liability lawyer can investigate the incident, gather evidence to prove the property owner’s negligence, accurately calculate your damages, and negotiate with the property owner’s insurance company for a fair settlement on your behalf.
What Types of Accidents Fall Under Premises Liability in Ohio?
Types of premises liability accidents in Ohio include:
- Slip and fall or trip and fall accidents
- Negligent security
- Swimming pool accidents
- Falling objects
- Elevator and escalator accidents
- Dog attacks
According to the Ohio Department of Health, there were more than 15,000 dog bite victims in Cincinnati and the rest of Ohio in 2024.
How Do Ohio Premises Liability Laws Affect Injury Claims in Cincinnati?
Ohio premises liability laws affect whether you can file an injury claim and how much compensation you may receive after being injured on someone else’s property.
Types of Visitors
Ohio recognizes three categories of visitors to a property: invitees, licensees, and trespassers. These affect the level of care owed. Invitees, such as customers and clients, enter a property with the owner’s permission for a purpose beneficial to the owner. Licensees are allowed on the property for their own reasons, such as social guests coming to hang out at a non-commercial property. Trespassers enter the property without permission.
People on the property with permission are owed a higher standard of care than trespassers Nevertheless, property owners must warn known trespassers of hazards and refrain from intentional harm.
The Attractive Nuisance Doctrine
Under this doctrine, a property owner can be held liable for injuries suffered by a child, even if he or she was trespassing, if the injuries result from the owner failing to secure an attractive nuisance. Swimming pools, trampolines, construction equipment, and abandoned vehicles or appliances are common examples of attractive nuisances.
Open and Obvious Doctrine
Under Ohio law, a property owner or occupier may not be liable for injuries caused by dangers that are open and obvious. A danger is open and obvious if anyone would reasonably be expected to discover it and take steps to avoid it.
Modified Comparative Negligence
Under Ohio’s modified comparative negligence rule, you can recover damages even if you were partially responsible for your injuries, provided you were less than 51% at fault. Your compensation will be reduced by your share of fault. You can’t recover damages if you’re found to be more than 50% liable. For example, if you slipped and fell in a supermarket and are found to be 30% responsible for your injuries because you were distracted by your phone at the time of the accident, your compensation would be adjusted to 70% of the total damage award.
Statute of Limitations
Premises liability cases in Ohio are subject to a statute of limitations, which limits the time injured victims have to file a lawsuit. The statute of limitations for Ohio premises liability cases is typically two years from the date of the injury. Missing the statute of limitations usually results in the victim losing the right to recover compensation.
If the injured party was under 18 when the accident occurred, the two-year clock starts ticking on the victim’s 18th birthday. When the liable party is a government entity, there may be stricter procedural requirements and shorter filing deadlines.
Acting quickly and seeking legal assistance early ensures you comply with all the state’s legal requirements, protecting your rights. At Young, Reverman & Bolotin, we’ve been helping injury victims in Cincinnati secure justice and fair compensation for over five decades. Contact us today for a free consultation.
Frequently Asked Questions About Being Injured on Someone Else’s Property in Cincinnati
When Can I File a Premises Liability Claim in Ohio?
You can file a premises liability claim in Ohio if you’ve been injured due to an unsafe condition on someone else’s property. Homeowners insurance covers premises liability incidents in someone else’s home. Renter’s and commercial liability insurance policies can also provide premises liability coverage.
What Must I Prove to Win a Premises Liability Case in Cincinnati?
To win a premises liability case in Cincinnati, you must prove duty, breach, causation, and damages.
- Duty: The property owner owed you a legal duty of care. In premises liability cases, the duty of care usually depends on the legal status of the injured person on the property.
- Breach: The owner breached that duty by failing to fix the dangerous condition, maintain the area properly, or warn you adequately of a hazard.
- Causation: The breach directly caused your injuries.
- Damages: You suffered actual harm, such as lost wages, medical costs, and pain and suffering.
How Long Do I Have to File a Premises Liability Lawsuit in Ohio?
In Ohio, you generally have two years from the date of the personal injury accident to file a premises liability lawsuit. Exceptions may apply, such as if the injury wasn’t discovered right away or the case involves a minor or government-owned property. A Cincinnati premises liability lawyer can confirm the deadline that applies to your case.
