Every property owner in Lima and around the state has the same obligations to keep their land safe for guests like yourself. However, this obligation changes depending upon a guest’s permission to be on the land and their motivations for doing so.
As a result, many injured people are surprised to learn that even though their injuries are a clear result of a property owner failing to provide protection, their cases fail because that owner did not have an obligation to provide that protection under the law. Premises liability claims, therefore, require an understanding of the law in addition to an ability to pin an accident on a landowner.
A Lima premises liability lawyer stands ready to take on both these requirements. An experienced personal injury attorney could investigate your reasons for being on the land and where a landowner provided their permission. They could then work to determine how a defendant landowner failed in their duty to keep people safe and why this makes them liable for any resulting injuries.
Obligations of Landowners to Provide Protection
State law concerning the obligations of landowners to protect guests are complicated. These laws examine both a person’s permission to be on land and their motivations for doing do.
According to Ohio Revised Statute §2305.10, no matter your reason for filing a claim, you have two years following the injury to so do.
First, you must establish that the landowner owed you a duty of protection.
State law places visitors into one of three categories:
- Invitees enjoy the highest level of protection. These are people who enter land for the benefit of the owner, such as to buy a product. Here, the landowner must exercise ordinary care to prevent harm. This includes warning guests of dangers that might otherwise remain hidden.
- Licensees enter land for their own benefit. These are typically social guests. The owners here must only refrain from causing any intentional or wanton injury. Landowners must still take care to warn visitors of hidden dangers.
- Trespassers are people who enter or remain on property without the owner’s permission. Here, the owner must only refrain from willful or wanton damage.
Once you are able to prove that you enjoy protection under the law, you must provide evidence that shows that the defendant violated this protection. This could include a lack of warning signs, a failure to fix a defect in a commonly used walkway, or a significant time passing between the creation of a hazard and the owner taking steps to fix it. A premises liability lawyer in Lima could help to establish your legal rights and gather evidence that proves landowner negligence.
How Premises Liability Claims May Arise
Premises liability cases take on many forms. While the most obvious example with which most people are familiar is a slip and fall, a negligent landowner is liable for any injury that affects guests on their property.
One prominent example is structural defects that cause injuries. If a store owner fails to repair a pothole in their parking lot, and you were to sprain your ankle by stepping in that hole, the shop owner is likely to be liable.
In other instances, an owner could even be responsible for the actions of other people. A part of keeping guests safe is providing adequate security and lighting to prevent assaults or injuries due to natural disasters. In this way, a landowner may be liable even if they did not directly cause harm but not preventing that harm from occurring on their land. A Lima premises liability lawyer could examine your injury and determine if a landowner may be liable to provide compensation.
Let a Lima Premises Liability Attorney Promote the Claim
Suffering an injury while visiting the land of another party could place you in a difficult position. You may understand that you were not responsible for the incident but may not know if the landowner is. The simple fact remains that you must establish your right to be on the land and demonstrate landowner negligence.
A Lima premises liability lawyer could help you to meet this standard. Attorneys could then accurately measure your losses and to submit your case within the state’s statute of limitations. Let a premises liability attorney in Lima help you today. Contact an attorney today to discover more.