Determining Liability in an Ohio Premises Liability Case

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Determining Liability in an Ohio Premises Liability Case

November 10, 2020
By Lafferty Gallagher Scott

Attempting to determine fault in an Ohio premises liability premises case can be complicated. Depending on the circumstances, there may be multiple parties who should be held accountable for your injuries. That is why you need an experienced Ohio premises liability attorney. At Lafferty, Gallagher & Scott, LLC, our attorneys have years of experience litigating personal injury matters, including premises liability cases.

All personal injury claims are unique. There is no set answer on who is liable in every type of accident, including premises liability claims. Here is a look at some various types of claims and who could be responsible for compensating you for your damages.

Slip and Fall Incidents

The most common type of premises liability claim is a slip and fall. They are also some of the hardest claims to prove. Getting responsible parties to admit liability is challenging. One reason is because of the assumption of risk. One example is when you cross a parking lot covered in snow. If you slip and fall, the parking lot owner will say you assumed the risk of walking on an icy surface. However, if there is ice on the floor inside a store, your claim could have a different outcome. Hazards on the floor that the store should have cleaned up could result in a favorable outcome for you.

Inadequate Security

Inadequate security is also a common premises liability claim. If there are concerns about lack of security and you are injured, the landlord or business owner could be held responsible. One example is a store parking lot where there are repeated police reports of people being attacked. If the store knew that these incidents occurred and did nothing to help reduce the risk, they could be held liable.

Elevator Accidents

For the most part, elevators and escalators are safe and reliable. However, accidents can still occur. If the elevator or escalator stops suddenly, you could suffer injuries. Your Ohio personal injury attorney will conduct a thorough investigation and hire experts if necessary. Suppose you can show the elevator or escalator was in the defendant’s exclusive control, and you did not cause it to malfunction in any way. In that case, they could be held liable for your injuries and damages.

Building Not Up to Code

When you are a tenant in a building, you have a right to expect your building to be up to code. If there are problems and your landlord refuses to address them, you may have a premises liability claim. That can hold true even in situations involving intentional acts. Typically, a landlord would not be responsible for another tenant committing arson. However, if the building was not up to code, the landlord may not be able to assert the defense that it was an intentional act. Landlords owe their tenants a duty to make sure the building is safe and habitable.

Contact an Ohio Premises Liability Attorney

If you believe you might have a valid premises liability claim in Ohio, let our skilled team of attorneys assist. Contact Lafferty, Gallagher & Scott, LLC to schedule an initial consultation. When you meet with us, we can tell you whether you have a viable personal injury claim and who might be liable for your injuries.










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