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  • Writer's pictureRobert Schuerger II

What Is the Statute of Limitations for Premises Liability in Ohio?

If a person suffers a personal injury because of an unsafe condition on someone else's property, they could be entitled to raise a personal injury lawsuit.

Premises liability lawsuits are amongst the most common cases put in front of US juries- but how long does the victim have to make the claim?

What is the statute of limitations for premises liability in Ohio, and what other rules do people need to be aware of?

The Quick Answer

Under Ohio premises liability law, the statute of limitations for personal injury claims related to premises liability is two years.

This applies from the date that the cause of action accrued- meaning the time the negligence of the property owner caused an incident.

What Is Premises Liability?

What Is Premises Liability?

A premises liability claim is a type of personal injury case in the negligence category of Ohio law.

It applies to any situation where a person is injured because of someone else's negligence regarding the safety of their property.

Every property owner has a duty of care to keep their premises safe (to a reasonable degree) for those occupying or visiting it.

This applies to public and private property- whether the injured party is:

  • An invitee (guests and customers)

  • A licensee (someone using another person's property for their own purposes or benefit

  • A trespasser (a person without permission to be on the property)

The right to file a personal injury lawsuit and the care owed by the property owner are different depending on which of these categories the victim fits. Schuerger Shunnarah Trial Attorneys can answer questions like What is the premises liability law in Ohio?

In any case, the statute of limitations remains the same.

If an owner fails to provide safe conditions and their negligence leads to an injury, they can be held liable for the cost of medical bills, damage to personal property, lost income, pain and suffering, and other damages.

Common Examples of Premises Liability Personal Injury Claims

Any injury sustained on someone else's property has the potential to become a premises liability claim.

As long as there was a duty of care owed, a breach of that duty, direct causation, and clear damages- there is the possibility to claim against a property owner.

Here are some of the most common incidents.

  • Slip and fall accidents

Slips, trips, and falls are usually caused by an unsafe condition- such as an uneven or slippery surface, loose tile or flooring, unmarked wet floor, or obstacles lying around. If these conditions exist because of a property owner's negligence, there is a good chance the victim can claim damages.

  • Fall hazards

Sudden drops or unprotected holes or gaps create major risks. If they are not clearly marked or no reasonable effort has been made to repair them, a premises liability case could exist.

  • Mechanical or electrical issues

Exposed wires and malfunctioning mechanical equipment are also common injury causes.

  • Overhead hazards

Falling fixtures, over-stacked shelves, branches, and loose ceiling tiles or slates are some examples of falling items that can injure people.

Why Is There a Statute of Limitations for Premises Liability Claims in Ohio?

If too much time passes, it can become difficult to find the people responsible and collect essential evidence to support either side of the claim.

Limiting claims to two years from the incident improves the chances of the claim or lawsuit being fair and accurate.

Understanding the Discovery Rule

Although Ohio's statute of limitations for personal injury claims such as premises liability is two years from the date the cause of action arises (usually the date of the injury), it is slightly different if the effect of the incident is not immediately for example. Schuerger Shunnarah Trial Attorneys can also help with questions such as What is the cause of action for premises liability?

Under the discovery rule, if a bodily injury caused by negligent actions by a property owner takes time to become obvious- the victim has some extra time to make their claim.

In this case, the two-year statute of limitations begins from the time they become aware of the injury or harm.

An example of when this may apply is in cases where a person is exposed to hazardous or toxic chemicals- usually, but not exclusively, in the workplace.

It also applies to some product liability claim incidents.

Does the Type of Claim Impact the Statute of Limitations?

Premises liability claims can take several forms- through the circumstances of property use, how the incident happened, the extent of the injury, etc.

Whether the claimant is an invitee, licensee, or trespasser- the statute of limitations is the same. A Cincinnati premises liability lawyer will say It is also two years regardless of if the incident leads to a wrongful death claim.

Can You Make a Premises Liability Personal Injury Claim After the Statute of Limitations Deadline?

Can You Make a Premises Liability Personal Injury Claim After the Statute of Limitations Deadline?

Ohio personal injury lawsuits for premises liability that fall outside the statute of limitations will be dismissed. The claimant is unlikely to be able to recover compensation for their injury.

Are There Any Exceptions?

Most personal injury claims (including premises liability cases) must be submitted within two years of the cause of action, but Ohio law does allow some exceptions.

  • Minors: If the victim is a minor, the statute of limitations does not kick in until the turn 18. They have two years from their 18th birthday to submit their case.

  • Those of unsound mind: Anyone deemed mentally incompetent is not restricted by the two-year statute of limitations until they are no longer 'disabled'.

  • Absence of the at-fault party: If the victim cannot pursue a premises liability claim because the at-fault party is not available (imprisoned, incapacitated, out of the country, in hiding, etc.), their statute clock stops until they are present and able face their actions.

Let Schuerger Schunnarah Trial Attorneys Go to War for Your Premises Liability Claim in Cincinnati, Ohio

All personal injury cases can be complex. Premises liability adds an extra layer to the claim- something an experienced personal injury attorney can help victims navigate.

The legal team at Schuerger Shunnarah Trial Attorneys goes to war for Cindy personal injury victims to fight for fair justice and compensation.

Anyone with a premises liability claim who wants the most dedicated, relentless lawyers on their side should contact the team today to arrange a free consultation.


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