CincinnatiPremises Liability Lawyer
When an injury occurs on another person or entity’s premises, questions can arise about who was at fault and who is responsible for covering your damages. This can make filing a claim challenging, especially if you are not sure where to begin.
Fortunately, our compassionate attorneys at Lawrence & Associates are dedicated to supporting people in these complex situations. A premises liability claim targets property owners, businesses, and their insurers by holding them accountable for neglectful property conditions.
Whether you broke a bone from slipping on unmaintained flooring or suffered a brain injury by being hit with an unsecured object, your case is our cause, and we are here to help. Contact our Cincinnati personal injury lawyers today to schedule your free initial consultation with a member of our team.
table of contents
- Why Should You Choose Us for Your Premises Liability Claim?
- Premises Liability Cases We Have Helped Clients With
- How to Prove an Ohio Premises Liability Claim
- Liable Parties in a Premises Liability Claim
- Available Compensation in a Premises Liability Claim
- Understanding How Ohio’s Premises Liability Laws Affect a Claim
- Should You Work With a Premises Liability Lawyer?
- Premises Liability FAQs
- Talk With a Premises Liability Lawyer at Lawrence & Associates
Why Should You Choose Us for Your Premises Liability Claim?
Our attorneys at Lawrence & Associates regularly take on large corporations, aggressive insurers, and negligent property owners who are disputing your claim. We will take your case with no upfront costs on your part. Our contingency-fee structure guarantees that you never pay attorney fees unless we win your case.
Our Client Bill of Rights is our promise to every client that you will receive a thorough case analysis, efficient service, clear communication, regular updates, specialized representation, settlement protection, financial transparency, and opportunities to provide feedback from the moment we take your case and beyond.
We have served clients across Cincinnati and Northern Kentucky since 2005, building a solid track record of successful case results. Our attorneys offer legal advocacy in both English and Spanish at our Sharonville and Fort Mitchell offices.
Get your questions answered today by scheduling your free consultation.
Serving Greater Cincinnati and Northern Kentucky
Lawrence & Associates serves clients throughout Greater Cincinnati and Northern Kentucky from its Sharonville-area office in Cincinnati and its Fort Mitchell, Kentucky office. Our firm also helps clients in nearby communities, including Blue Ash, West Chester, Norwood, Covington, Florence, Loveland, Milford, and Montgomery, providing convenient representation across the region.
Justin Lee Lawrence
Partner
Premises Liability Cases We Have Helped Clients With
Our premises liability attorneys have helped clients injured in a variety of settings, including stores, restaurants, apartments, hotels, and parking lots. Cases we handle include, but are not limited to, the following:
- Slip and fall accidents
- Negligent or inadequate security
- Dog bites and animal attacks
- Swimming pool accidents
- Falling merchandise or objects
- Stairway, escalator, and elevator incidents
- Ice and snow accidents
- Fires and burn incidents
How to Prove an Ohio Premises Liability Claim
- Duty of care: The property owner, manager, or operating business must have owed a duty of care to lawful visitors.
- Breach of duty: A hazardous condition must have existed that the owner knew or should have known of, yet failed to fix.
- Causation: The owner’s failure to fix dangerous conditions must have directly caused the resulting injury.
- Resulting damages: The victim must show that the injury resulted in compensable damages, such as medical bills and lost wages.
Ohio’s Open-and-Obvious Doctrine
Ohio’s open-and-obvious doctrine can protect a property owner from liability when a dangerous condition is so obvious that a person should reasonably be expected to notice it and protect themselves and is a defense to premises liability claims in Ohio. An experienced premises liability lawyer can dispute this defense by examining the property’s condition.Liable Parties in a Premises Liability Claim
Your attorney can review the facts of your case to determine the at-fault party. In a premises liability claim, this person or entity is generally one or more of the following:
- The property owner
- A tenant or business operating the space
- A property management company
- A maintenance or cleaning contractor
- A government entity for public property
While it may seem like your claim is against an individual or their business, recovery typically comes from their insurers, usually through homeowner’s, renter’s, or commercial liability coverage.
Available Compensation in a Premises Liability Claim
The primary goal of a premises liability claim is to recover compensation for the damages you sustained because of unsafe property conditions. This can include economic damages for objective losses, such as medical bills, future medical care, lost wages, and lost earning capacity. Your attorney may also pursue non-economic damages for pain and suffering, disfigurement, emotional distress, and loss of enjoyment of life.
If a loved one dies because of unsafe conditions on another person’s property, surviving family members may be able to pursue wrongful death damages. In cases involving particularly reckless or egregious conduct, punitive damages may also be available.
Understanding How Ohio’s Premises Liability Laws Affect a Claim
Ohio premises liability law considers a visitor’s legal status and a property owner’s duty of care when evaluating a case. In a premises liability case, the injured person is categorized as an invitee, licensee, or trespasser. Your classification could affect your ability to recover damages. However, special rules may apply when a child trespasses onto property and is injured by an attractive nuisance, such as an unguarded swimming pool.
Ohio also uses a modified comparative negligence system, meaning you generally cannot recover damages if you are 51% or more at fault for the accident. Similarly, products liability cases typically have a two-year filing deadline under Ohio’s personal injury statute of limitations. Acting early can help your case by avoiding this deadline and preserving fresh evidence.
Should You Work With a Premises Liability Lawyer?
A premises liability lawyer can help you move quickly to preserve important evidence, such as surveillance footage, incident reports, and maintenance logs, before they are lost or destroyed. Your attorney can also work to establish that the property owner had notice of the hazard, prove your visitor status and the duty owed to you, and counter defenses involving the open-and-obvious doctrine or comparative fault. When needed, your lawyer can work with experts, calculate the full value of your damages, negotiate with insurers, and take your case to trial.
Premises Liability FAQs
What Is the Deadline to File a Premises Liability Claim in Ohio?
Ohio generally gives you two years to file a personal injury claim, while Kentucky generally allows one year. Exceptions apply, so speak with an attorney as soon as possible to understand the filing deadlines in your particular case.
What Do I Need to Prove in a Premises Liability Case?
In a premises liability case, you must show that the property owner knew or should have known about the dangerous condition and failed to address it. Evidence like photos, footage, reports, witness statements, and records can establish liability.
Can I Recover From A Premises Liability Claim if I Was Partly Responsible for My Fall?
Being partially at fault does not necessarily prevent you from recovering compensation in a premises liability claim. Ohio uses comparative-fault rules that can reduce your recovery based on your percentage of responsibility, but they do not necessarily bar you from recovering compensation.
When Are Property Owners Responsible for Ice and Snow?
Liability for snow and ice accidents depends on factors such as whether the condition was natural or created, whether it was aggravated by the property owner, and whether the owner had notice of the hazard.
Can I File a Claim Against a Government Entity for a Fall?
Claims against government entities involve special rules, notice requirements, immunities, and shorter or different notice and filing deadlines. An attorney can determine whether an exception to governmental immunity applies and what filing requirements you must meet.
What Does It Cost to Hire a Premises Liability Lawyer?
Many premises liability attorneys, including Lawrence & Associates, work on a contingency-fee basis. This means you generally do not pay attorney fees upfront. Instead, your lawyer is paid from your recovery when you settle your case or secure a jury award. This also means that if you do not recover, you do not need to pay your attorney. Your fee agreement should explain the percentage and responsibility for case expenses.
Talk With a Premises Liability Lawyer at Lawrence & Associates
If you were injured because of an unsafe property condition, our legal team at Lawrence & Associates can review your premises liability case and help you understand your legal options. We offer free case evaluations and consultations. To schedule your free appointment, contact us at our Ohio office at (513) 951-6723 or our Kentucky office at (859) 251-3045 to get started.
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