Charles E. Boyk Law Offices, LLC
If you were injured in someone’s home or business, you have rights to protect yourself financially. Injuries can cause physical damage and lasting emotional issues that require ongoing medical care. Furthermore, you may be unable to work in the same capacity or at all, depending on the severity of your injuries. There are different laws that apply depending on the category of visitor you fall under. By speaking with a Perrysburg premises liability lawyer, you can find out how to best proceed from here.
In Ohio, there is a statute of limitations of two years for any personal injury claim. Individuals who have been hurt while in someone’s business or home have two years to start a lawsuit. However, a person should not wait to start their case because they may need the financial assistance from the case. Contact a distinguished personal injury attorney as soon as you have been injured.
There are several ways a person can be injured in a home or business. Some of the most common are:
The legal protections owed to a person depend on what status of visitor they are. A trespasser has almost no legal protections even if they are injured because they do not have a legal right to be on the premises. However, owners cannot create a hazard for them deliberately, and if they are aware that the trespasser is there, they must warn them of hazards. There are also special laws that apply to child trespassers. Invitees have more protection, as they were invited to the home by the owner. Owners have to use ordinary care in preventing injury.
If the invitee moves to an area they are not allowed to be in, then they are a trespasser. If someone was invited to a home for dinner but then enter a bedroom they would be trespassing. Licensees are on the property for their own benefit, such as salesmen. For individuals in this category, the owner only has a responsibility to warn about dangers that he or she knows about.
Once an individual has established which category they are in, the next step is showing that the other person was negligent. There are four essential elements of negligence which must all be met, which a Perrysburg premises liability lawyer works to demonstrate. An attorney must show that there was a duty owed by the negligent party to the injured party. Usually, the duty owed by the owner of the property to the licensee, invitee or trespasser is as listed above. It has to be shown that this duty was breached by failing to act in that way.
The third element is that there was causation, both actual and proximate cause. Actual cause means that the injury would not have happened but for the other person’s negligence. Proximate cause means that it was foreseeable that the injury and person injured was predictable based on the actions of the negligent person. Also, that there was no intervening cause between the negligent act and the injury. The last element requires that there were damages caused by the negligent conduct, such as physical injury.
By speaking with a Perrysburg premises liability lawyer, you can find out what legal options you have and the best strategy for resolving your legal issues. Whether that means going to court or settling with the other person through a negotiation, an experienced personal injury lawyer can help.