Cleveland Premises
Liability Lawyers

What Our Clients Say

Common Premises Liability Accidents

Whether it’s a private residence, a retail store, a construction site, or a tract of undeveloped land, many properties in Ohio have hidden and visible defects and hazards that can cause people to suffer serious injuries.

Common causes of injuries on private and public properties include:

• Slips and falls caused by wet, slick, uneven, or broken surfaces and stairs
• Unsteady and unsecured products on shelves
• Poor lighting or lack of security and surveillance in the event of violent crimes
• Relaxed safety protocols on construction sites leading to the injuries of guests and visitors
• Drownings in private and public pools due to lack of barriers and lifeguards
• Trees falling on homes and businesses
• Assaults on a business’s property due to negligent or inadequate security
• Dog bites caused by negligent owners

Property Owner Responsibilities Under Ohio Law

Ohio premises liability law requires property owners to maintain a safe environment for people on their property, whether on a commercial building or residential home. The level of responsibility varies depending on the visitor type:

• Invitees: Property owners are required to create a safe environment for invitees, such as restaurant patrons and mall customers. This includes regular inspections, addressing dangerous conditions quickly, and warning about hazards.
• Licensees: Property owners are responsible for safeguarding licensees’ well-being, like utility workers, who have legitimate access to their property. This duty involves rectifying known dangers and warning licensees about potential risks to help avoid accidents.
• Trespassers: Property owners owe only a limited duty of care to trespassers who enter the property without permission. This means while property owners should not intentionally harm trespassers, they aren’t required to fix hazards or warn about them. An important exception applies to children—property owners must take steps to protect children from “attractive nuisances” like swimming pools that might lure them into danger.

What Do You Need to Prove in a Premises Liability Case?

To file a premises liability claim successfully after sustaining an injury on someone else’s property, you need to demonstrate several key requirements:

• Conditions on the property were dangerous.
• The property owner knew of or should have known of the dangerous conditions.
• The property owner had a reasonable opportunity to fix the dangerous conditions or warn others about them but failed to do so.
• The property owner’s negligence caused your injuries.
• You suffered actual damages, such as medical expenses, lost wages, or pain and suffering.

At Nurenberg, Paris, Heller & McCarthy, our Ohio premises liability lawyers can help you collect evidence to prove these criteria. There’s a two-year statute of limitations for filing premises liability claims in Ohio, and evidence can quickly disappear, so it’s important to call us immediately after the accident.

Evidence in Premises Liability Claims

When you choose Nurenberg, Paris, Heller & McCarthy, our experienced legal team can help you prove your claim and win maximum damages. This means gathering the following evidence:

• Photographs of the Scene: Take pictures to illustrate the exact location of the accident. Include wide-angle shots that cover the entire area, close-ups of the specific hazard, signs or warnings present, and environmental conditions to depict the scene accurately and completely.
• Witness Statements: Collect statements from anyone who witnessed the incident. These should detail what they saw before, during, and after the accident, including any comments made by the property owner or employees.
• Maintenance Records: Request documentation related to property maintenance, including logs of cleaning activities, repair records, and safety inspection reports. This information illustrates the frequency of property upkeep and highlights recognized problems that were overlooked.
• Surveillance Footage: Secure video evidence from surveillance cameras that captured the incident. This footage can validate the claim by showing the accident as it happened, the condition of the premises at the time, and the actions of the property owner or employees regarding the hazard.
• Damaged Clothing or Belongings: Keep clothing or personal belongings damaged during the incident. Torn clothing, broken accessories, or damage to other items can help show the accident’s severity and your losses.

Damages Available in Premises Liability Cases

Injuries from premises liability can be life-altering, resulting in high medical costs and inability to return to work. Our personal injury attorneys can review your medical records and work with experts to assess your damages to get you a fair settlement covering:

• Medical bills for hospital stays, surgeries, medication, and rehabilitation
• Lost wages including the income lost while recovering and potential earnings lost in the future
• Pain and suffering damages that compensate you for physical discomfort and emotional distress
• Loss of enjoyment of life, addressing the inability to participate in hobbies and activities you once enjoyed
• Punitive damages if the defendant’s actions were particularly reckless or malicious

Our team has won millions in damages for premises liability victims. Our case results include a $2,200,000 settlement for a client who fell due to a defective condition on a school property. We can use our experience to help you get a fair settlement to pay for your accident-related losses.

Comparative Negligence in Premises Liability

In some premises liability cases, you may be partially at fault for your injuries. For instance, if you were using your phone and not paying attention to where you were walking when you tripped over a damaged step.  

According to Ohio’s modified comparative negligence law, you could still qualify for compensation if you’re found to be at fault. However, the amount you receive will be reduced by the proportion of blame assigned to you. But, if your share of the fault exceeds 50%, you will be ineligible to claim any damages.

At Nurenberg, Paris, Heller & McCarthy, we work to minimize any fault assigned to you in an incident. We focus on gathering solid evidence to demonstrate that the property owner’s negligence was the real cause of your injuries, helping you secure the best settlement possible.

Steps to Take After a Premises Liability Injury

If you’ve been injured on someone else’s property, there are several steps you can take not only to look after your health but also to strengthen any future legal claims:

• Seek Medical Attention: Seek medical attention immediately after an injury, no matter how minor it seems. Prompt medical care supports quicker healing and creates an official medical record of the injury. This documentation is crucial when you need to submit a claim.
• Report the Incident: As soon as the accident occurs, inform the property owner or the person in charge. Make sure to get a copy of the report for your records.
• Document Everything: Take pictures of the scene where the injury occurred, focusing on any conditions contributing to the incident. Also, keep a detailed account of the event and your injuries.
• Preserve Evidence: Keep any physical evidence related to the incident, such as torn clothing or broken items. Also, retain all medical records and receipts for the injury and treatment.
• Consult With a Lawyer: Consider speaking with a lawyer who specializes in premises liability at our law firm. They can advise you on the best course of action and help protect your rights.

Let Us Handle Your Claim While You Focus on Getting Better

Facing injuries from unsafe conditions on someone else’s property can be overwhelming, leaving you stressed about medical expenses and the inability to work. At Nurenberg, Paris, Heller & McCarthy, we champion the cause of Ohioans like you, relentlessly pursuing the justice and compensation you rightfully deserve.

With a 90-year legacy, our qualified team of premises liability lawyers has the experience and determination to construct a formidable claim on your behalf.

Your journey toward justice and financial recovery starts with us. Don’t settle for less—get in touch now for your confidential, free consultation.