As defined by law, premises liability involves injuries that occur on a person’s property. This must either be as a result of a negligent condition that the property owner failed to warn about, or as a result of some defect that was not permanent but should have been corrected.
This area of law goes beyond typical negligence in looking at and assessing potentially dangerous conditions. Accordingly, if you believe that you have a case for an injury on someone else’s land, it is recommended that you work with an experienced premises liability lawyer. The legal team at O’Connor, Acciani & Levy can explain the requirements for Cincinnati premises liability cases and assess whether you have a valid claim.
What Qualifies as a Premises Liability Case?
An accident must satisfy several base requirements in order to qualify as a valid premises liability case. First, the injured party and their legal counsel must demonstrate the dangerous conditions on the property. Then, they must prove that the property owner knew about or should have known about the hazards. Finally, the injured plaintiff must establish that the landowner or manager had a reasonable opportunity to warn others about those conditions.
A claim is only valid if the property owner failed to warn the injured person about dangerous conditions. Additionally, landowners may not be required to provide a warning for hazards that are open and obvious and should have been avoided anyways.
Premises liability is similar to negligence law in that both require a plaintiff to demonstrate the owner’s duty of care and a breach of that duty. However, there are some nuances in the specific requirements of premises liability cases, which a knowledgeable attorney could explain in further detail.
Who do Property Owners Owe a Duty of Care To?
Property owners generally owe a duty of care to keep their property in reasonably safe conditions. If there is a dangerous condition, they must effectively warn about it. However, the specific rights of a Cincinnati resident on another person’s property, as well as the property owner’s duties to them, vary depending on their status.
There are three categories for those on another person’s property: licensees, invitees, and trespassers. A property owner must refrain from willful, wanton, or reckless conduct that is likely to cause injury to any of the three categories. However, property owners owe a higher standard of care to those who are permitted on their land than those who are there illegally, such as trespassers.
There are different requirements for a valid premises liability case depending on which category of visitor the potential plaintiff falls under. A well-informed attorney could help a Cincinnati resident determine what duties they are owed by the owner of the property where their injury occurred.
Consult a Cincinnati Attorney on Requirements for Premises Liability Cases
It is important to remember than not every injury on someone else’s premises warrants a civil suit. There are specific requirements for Cincinnati premises liability cases that must be met for an injured person to seek compensation from the landowner or manager.
The skilled lawyers at O’Connor, Acciani & Levy have significant experience in this area of law and can help determine the validity of your potential claim. If you suspect that your injuries were due to a property manager’s negligence, call us today for a case review.