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Premises Liability May Lead to Personal Injury Responsibility

Many personal injury claims arise because one individual has a duty of care to another person based on premises liability. A duty of care simply means that the individual with the duty must behave in a reasonable way so that he or she does not put the other person at risk of injury. Under premise liability, the owner or operator of the premises, which could be a tract of land, business, house, or apartment, is required to behave in a way that keeps guests safe. This is a proactive duty that requires the owner or operator to make repairs and provide warning of hidden dangers. If the owner or operator fails to uphold this duty – they are negligent – and someone gets hurt, a personal injury claim may arise. If you were hurt on someone else’s property because they failed to fix something or warn you of a risk, you may have a claim against them. Contact experiencedColumbus personal injury attorney Ed Schottenstein for more information.

Ohio Premises Liability
Ohio’s premises liability law is derived from common law and the results of decades of lawsuits instead of a statute. The duty of care falls onto owners of land and businesses or on the operators of the premises. The duty to keep guests safe may fall on renters then in addition to or instead of the owners of a property.

The owners or operators of a business do not have a duty toward everyone on the land. There is almost always a duty of care toward invited guests or licensees. Trespassers are another story. An owner or operator of a premise may not have a duty toward someone who comes onto the land without permission. There is no duty of care toward unknown trespassers. However, there are circumstances in which an owner or operator has a duty to a trespasser: when the trespasser is a child or is known. Owners and operators can be liable for the injuries of children who are hurt by an artificial condition on the land. Once an owner or operator knows there is a trespasser, they have a duty to warn about potential dangers.

Proving Negligence
If you were hurt on someone else’s premises and you believe the business or owner is responsible, then you will be required to prove that the owner or operator was negligent. To prove negligence, you must first show that the other party had a duty of care toward you. Next you must show that their actions breached this duty of care. This negligent action must be what led to your injuries. You must also have compensable damages to recover. You can seek to recover medical expenses, lost wages, and more in this type of suit.

Call a Columbus, Ohio, Personal Injury Attorney

If you were hurt in a business or on someone else’s land, the business or individual responsible for those premises may be responsible for your injuries. To learn more about Ohio premise liability law, call Ed Schottenstein at (614) 467-8474 to schedule a consultation.