Premises Liability
An Experienced Premises Liability Attorney Serving Columbus and Central Ohio
If you are injured on someone's property, or if a loved one is injured or dies on someone's property, you may have grounds to pursue a premises liability lawsuit. Most people have heard the phrase "slip and fall accident," which is one of the more common types of premises liability cases. Injuries on property, however, can range from dog bites to drowning accidents.
If you or someone you know was severely injured and believe you have a premises liability case, it's important to speak with an experienced attorney in Ohio. Experience matters when looking for an accident lawyer in Columbus. Premises liability attorney Scott Elliot Smith has beenProperty owners have a responsibility to keep the public safe from harm in parking lots or inside their buildings. helping injury victims for more than thirty years. He provides a potent combination of resources and experience. Call 614-874-1056 or contact the Smith Law Office online for a free consultation. Your consultation is free, and you pay us no fees unless we make a financial recovery.
Keep in mind that our goal is not only to get clients the money they need for their losses. We want you to get closure. We want you to get back to the way you lived prior to the accident. With your best interests in mind, we will fight aggressively for your rights after a premises accident.
What is premises liability?
Premises liability is a legal term that refers to injuries that occur on someone else’s property. In particular, premises liability injuries occur due to accidents caused by the property owner’s negligence or reckless actions. Ohio’s premises liability laws can be found in Ohio Revised Code, Section 2305.402.
This might sound straightforward. However, in order to build a successful premises liability claim in Ohio, you need to prove several, important elements in order to establish legal grounds for your case:
- Evidence that the property owner or landlord had a “duty of care” to make sure the property was safe and free of hazards.
- The property owner or landlord failed to uphold that duty of care, meaning they did not take steps to make sure the property was safe and free of hazards.
- You had explicit permission or implicit permission to be on the property.
However, even if you were trespassing and didn’t have permission to be on the property when you got hurt, you still have certain rights under Ohio premises liability law. This is especially true if the injury involves a child trespassing on someone else’s property. That’s why it’s critical that you talk to a Columbus premises liability lawyer as soon as possible about your potential legal case.
Examples of Hazardous Premises in Ohio
The following is a partial list of places where injuries can occur due to the negligence of a property owner or someone responsible for the premises. Typically, the owner of the property can be sued if negligence led to a personal injury:
- Shopping malls
- Parking lots
- Restaurants
- Grocery stores
- Hardware stores
- Retail stores
- Office buildings
- Department stores
You also should not hesitate to contact a lawyer if you or some you love was assaulted or was a victim of a crime on someone's property. Property owners have a responsibility to keep the public safe from harm in parking lots or inside their buildings. Sadly, serious injuries such as traumatic brain injury or spinal cord injury are not uncommon in premises liability cases. The impact of catastrophic injuries can be devastating. Scott Elliot Smith understands how to pursue all the compensation you may need for your losses, which may be financial, physical and emotional.
Whether you were a tenant injured in your apartment or were injured on commercial property, you may be entitled to compensation if you were injured. Wherever your premises liability case originated, let us ensure your rights are protected.
How much is my claim worth?
The value of your premises liability claim should include all your injury-related expenses put together. What you might not realize is such expenses can occur both immediately after your injury and far in the future, including:
- All past, present and future anticipated medical care, including surgical procedures, follow-up doctor’s appointments, physical therapy and prescription medications.
- Replacement income while you’re recovering from your injury.
- Pain and suffering in certain circumstances.
All of these expenses can easily add up to thousands of dollars or significantly more. The bottom line is you should not have to pay for a property owner’s negligent actions.
Who decides who’s at fault?
This simple question might seem straightforward. But the answer is much more complicated than you might expect. The property owner’s insurance company will likely try to dispute or deny your claim. You need to present evidence to prove that your injury was the property owner’s fault and verify the extent of the damages in order to negotiate a settlement.
If the injured party decides to file a premises liability lawsuit and the case goes to trial, a jury will decide whether to award money to the injury victim. Either way, it’s critical that injury victims have a lawyer on their side who has an in-depth knowledge of Ohio’s premises liability laws and thoroughly understands how the legal system works here.
Should I accept a settlement offer?
The property owner, landlord or the insurance company representing them might make a settlement offer soon after you sustain an injury on their property. Deciding whether to accept such an offer can be a difficult decision. That’s because once you do agree to accept a settlement, you cannot ask for any additional money, even if your future injury-related expenses turn out to be much more than you expected.
This is important to understand since many settlement offers don’t come close to covering all your injury expenses. Insurance companies do this because they know many people simply want to settle their case. But if you do, you could end up having to pay for all your future expenses out of your own pocket. That’s why it’s critical that you carefully consider whether to accept a settlement offer, ask for more money or file a lawsuit. You need to discuss your options with an attorney before you decide.
Should I file a premises liability lawsuit?
Many times, people injured in accidents on someone else’s property decide to file a premises lability lawsuit. Some of the reasons why include:
- The property owner or their insurance company makes a lowball settlement offer and refuses to negotiate in good faith.
- The at-fault party (either the property owner or their insurance company) denies your injury claim.
- You believe the best way to obtain the maximum financial compensation for your injury is by taking legal action against the at-fault party.
It’s also important to understand that you only have a limited amount of time to file a premises liability lawsuit in Ohio. The deadline (known as the statute of limitations) for taking a legal action in premises liability cases is two years in most cases from the date of your injury. Don’t miss out on your opportunity for justice. Talk to an Ohio attorney right away.
Contact an Experienced Ohio Premises Liability Lawyer
Columbus attorney Scott Elliot Smith knows how to build strong cases that get results. He knows where to look for evidence that proves negligence on the premises led to the accident that left you injured. And he is determined to get you the financial compensation you need and deserve - either through a negotiated settlement or a jury award.
At the Smith Law Office, we put our resources and experience to work in a premises liability case. If you or a loved one was injured due to someone else's negligence, let an aggressive legal professional guide you. Contact us online or call 614-874-1056 to schedule an appointment with Columbus premises liability attorney Scott Elliot Smith. We are skilled at dealing with insurance companies and demanding justice for our clients.
