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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Premises Liability in Ohio

When property owners and businesses fail to keep their customers and guests safe, they may be liable for any injuries caused on their premises. While Ohio law provides injured victims with a legal remedy, it's important to understand the rules and guidelines pertaining to premises liability cases.


Fortunately, Schuerger Shunnarah Trial Attorneys are here to help. We are a leading personal injury law firm that handles a wide range of cases, including premises liability claims and lawsuits. Our lawyers have recovered more than $1 billion for our clients, a testament to their expertise, skills, and legal knowledge. 


Those who have suffered injuries in Cincinnati, Ohio, should call Schuerger Shunnarah Trial Attorneys to discuss their case, learn more about the premises liability law, and understand their legal options. They can also explain how to file a lawsuit for workers compensation in Ohio.


Understanding Ohio Premises Liability Law

Understanding Ohio Premises Liability Law


To ensure a successful lawsuit or claim, the plaintiff must prove the following:

 

  1. The property owner owed the plaintiff a duty of care.

  2. The property owner breached their legal responsibility to the plaintiff. 

  3. The plaintiff suffered injuries on someone else's property due to the property owner's negligence. 

  4. The breach resulted in damages to the plaintiff. 


When pursuing a premises liability claim or lawsuit, it's essential for the injured victim to establish liability. They must prove that the property owner was aware or should've reasonably known of the hazardous condition on their premises and they failed to take any action, resulting in the plaintiff's injuries. 


Legal Complications in Ohio Premises Liability Claims and Lawsuits


Proving the four elements of a premises liability claim or lawsuit is far more challenging than establishing liability in a personal injury case. 


For example, drivers have a duty of care to drive carefully and adhere to traffic rules to minimize the risk of accidents and ensure the safety of other road users. Navigating the legal landscape for premises liability cases is not so straightforward.


If the injured party wishes to seek compensation, they must prove that the property owner owes them a duty of care. This may depend upon how the plaintiff ended up on the defendant's property. Were they legally there? Did they trespass before suffering injuries?


Under Ohio law, an invitee has precedence over a licensee or trespasser, as they have the right to enter someone else's property by invitation. For example, a shopper can enter a grocery shop, as the business is open to all customers. This means that the store owner has a duty of care to ensure a safe environment for all patrons.


Due to these legal requirements, it may be challenging for the affected party to pursue a claim or lawsuit against the property owner without proper legal representation. Experienced premises liability attorneys in Cincinnati can establish liability and prove that the defendant was negligent, resulting in the plaintiff's injuries.


The Types of Damages Available in Ohio Premises Liability Case


The damages available to an injured victim following an accident depend on the facts surrounding their claim. In most premises liability cases, affected parties may be able to recover the following types of losses:


  • Medical expenses

  • Loss of income

  • Pain and suffering

  • Disability

  • Disfigurement

  • Mental anguish

  • Loss of consortium


Typically, injured victims can cover their economic and non-economic losses by pursuing a premises liability claim against the negligent property owner and their insurance company. 


However, determining compensatory damages is more complicated than one might imagine, which is why it is crucial to work with a skilled personal injury attorney. 


How to File a Lawsuit for Premises Liability in Ohio

How to File a Lawsuit for Premises Liability in Ohio


Here are the critical steps involved in filing a premises liability lawsuit in Ohio:

 

Report the Accident and Seek Medical Help

Most injured victims fail to report the accident and seek medical assistance after their accident on someone else's property. This can adversely impact their premises liability case. 


It's important to inform the property owner or manager about the accident, request a copy of the incident report, and call for medical help.


Contact an Experienced Premises Liability Attorney

Just because an individual suffers harm on another person's property doesn't mean that the premises owner is automatically liable for the damages.


For example, a customer who slips and falls on an icy walkway on private land cannot sue the landlord or manager, as Ohio's "winter rule" exempts natural accumulations. 


Another key thing to remember is that while filing claims might seem straightforward, it's important to adhere to the rules and premises liability law when building a case. Without legal representation, seeking compensation can be challenging. 


Injured victims should contact an experienced premises liability lawyer who can assess the case and discuss the available legal options and their implications on the claim or lawsuit.


Investigate the Premises Liability Accident

To ensure a chance of obtaining compensatory damages, it's crucial to investigate the accident and gather enough evidence to build a strong case. Speaking to witnesses, retrieving CCTV footage, and reviewing medical records are a few ways injured victims can support their claims.


Another important aspect of investigating the accident is to counter the defendant's arguments. They will attempt to gather as much material as possible against the plaintiff to reduce their damages or deny the claim. The affected party must be ready to face these challenges with a thorough understanding of the evidence supporting their case.


An experienced premises liability attorney can help investigate the incident, establish liability, and hold the defendant and the property owner's insurance company liable for the damages. 


File a Premises Liability Claim or Lawsuit

While injured victims can choose to file a claim or lawsuit, it's essential to discuss this with their attorney. While taking matters to court may result in greater compensation, it typically takes a lot of time, and the outcome can go both ways.


On the other hand, a claim is a quick way of seeking damages from the negligent party and their insurance company. However, the amount the affected party settles on will depend on the skills and expertise of their attorney. 


An experienced premises liability lawyer can assess the facts surrounding the suit and determine the best possible legal action. 


Settle or Fight the Case 

Whether it's a claim or lawsuit, both parties can negotiate and settle the case before it proceeds to trial. 

The discovery process during a suit allows the plaintiff and defendant to exchange evidence and other critical information, giving them another opportunity to discuss a fair settlement. 


However, if there are still disagreements, the case can proceed to trial. When it does, the jury or judge will have the power to decide the verdict. In case of a win, the defendant has the right to file an appeal, which could extend the duration the victim can expect compensation. 


Schuerger Shunnarah Trial Attorneys Offer a Free Consultation to Ohio Premises Liability Victims!


Those who have suffered injuries on another's property in Cincinnati, Ohio, should call us to schedule a free consultation with our experienced premises liability attorneys. We have fought many legal battles and reigned supreme. Now it's time to wage a war against the negligent property owners and hold them accountable for the victim's losses!

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