Charles E. Boyk Law Offices, LLC
Most people go about their day-to-day business without incident, visiting public places like the supermarket, the bank, shopping malls, or even just a friend’s house. All those places invite people to visit their premises as customers or, in the latter case, an invited guest. Sometimes, however, due to the negligence of one or more parties, a visiting customer or guest might find themselves suffering an injury at or around those premises.
If that happens to you because of something the property owner should have prevented, you may need to speak with a qualified personal injury attorney. A Fremont premises liability lawyer could assist in ensuring that your rights are protected in such circumstances and provide guidance and support when pursuing civil compensation.
In general, when someone visits a shop or bank or another vendor of goods, they are deemed an invitee, which means that the person has been invited—not always formally, but rather by implication—to visit the premises of that establishment for business purposes. Social visitors, such as a family friend coming over for dinner, would be considered licensees and offered similar protections under Ohio State law.
As established by Light v. Ohio University, 502 N.E. 2d 611 (Ohio 1986), a property owner or vendor has an obligation to exercise reasonable care, which essentially means that the owner must maintain the premises in a condition which is safe for the invitee. Premises claims, like most negligence claims, require the injured claimant to establish that the defendant owed them a duty of care, subsequently breached that duty, and caused compensable injuries to the plaintiff as a direct result of that breach. For any questions about the duties owed to property visitors, contact a knowledgeable lawyer today.
Under Ohio’s comparative negligence statute, Ohio Revised Code §2315.33, the fault for an injury is assigned amongst the parties involved in the accident, including the claimant. So long as the claimant is not deemed to be more than 50 percent at fault, they may recover against the other parties, but that recovery would be reduced by the percentage of fault borne by the claimant.
However, if the claimant is found more than 50 percent responsible for the accident, they would be barred from any recovery. A Fremont premises liability lawyer could be of use in helping determine whether the statute allows for recovery under the circumstances of an individual case.
When someone is injured on another’s premises, there may be various damages available to that injured claimant, including:
ORC §2305.10 imposes a two-year statute of limitations for negligence claims, which includes most premises claims. It may, therefore, be prudent to speak with a premises injury attorney in Fremont as soon as possible so that any potential claim may be preserved in a timely manner.
No one expects to be injured while running their daily errands. If it does happen, though, there can be serious physical and financial consequences. If you or someone you know suffered injury due to the negligence of a property owner or tenant, you might benefit from a consultation with a Fremont premises liability lawyer who could help you with your case. Call today to get started.