Premises Liability FAQ

1. What is premises liability?

Premises liability is the area of law that addresses injuries caused by unsafe conditions on property. Depending on the circumstances, an owner, occupier, landlord, tenant, business, or another party may have had a duty to maintain reasonably safe premises or provide an appropriate warning.

2. Who may be responsible for an injury on property?

Potentially responsible parties can include the property owner, a tenant or business in control of the area, a landlord, a property-management company, a maintenance contractor, or another party whose conduct created or failed to correct the hazard. Responsibility depends on control, notice, contracts, and the particular facts.

3. What must I prove in an Ohio premises-liability claim?

Generally, you must show that the defendant owed you a duty, breached that duty by failing to act reasonably, and caused your injury. You also must show damages, such as medical expenses, lost income, pain, or other losses. Your status on the property—such as invitee, licensee, or trespasser—and what the defendant knew or should have known can affect the duty.

4. What is an open-and-obvious condition, and how can it affect a claim?

In Ohio, a condition that an ordinary person reasonably should have noticed may be considered open and obvious. In many situations, that can mean the property owner had no duty to warn. Whether a condition was truly open and obvious, and whether attendant circumstances affected what a reasonable person could see or avoid, is fact-specific.

5. What evidence should I preserve after a fall or other premises injury?

Preserve the scene and the records that show what happened and how the injury affected you. If safe, collect or request:

• Photographs or video of the condition, surrounding area, lighting, signs, clothing, and footwear
• The incident report, witness information, and surveillance video before it is overwritten
• Medical records, bills, lost-income records, and a dated account of symptoms and treatment

6. What if the property owner says I was trespassing or partially at fault?

Your legal status and the reason you were present can affect the property owner’s duty. A defendant may also argue that your own conduct contributed to the injury. Ohio’s comparative-fault rules can reduce a recovery, and recovery may be barred if your share of fault is greater than the combined fault of the other parties. The facts and available evidence matter.

7. Can I recover for medical bills, lost income, pain and suffering, and other damages?

Potential damages may include reasonable past and future medical care, lost income or earning capacity, pain and suffering, emotional harm, disability, and other losses supported by the evidence. The nature of the injury, recovery, insurance payments, and any comparative fault can affect what may be recovered.

8. How long do I have to bring a premises-liability claim in Ohio?

An Ohio personal-injury claim is generally subject to a two-year statute of limitations, but exceptions and different rules may apply. Claims involving a government entity, a minor, a wrongful death, or a different legal theory can have additional requirements or deadlines. Do not wait to get advice because evidence can disappear before the filing deadline.

9. Should I give a recorded statement or sign an insurance release?

You should understand the purpose and effect before giving a recorded statement or signing a release. A release may end claims for more than the immediate medical bills, and an insurer’s questions may affect how the incident is characterized. Preserve communications and consider speaking with counsel first; promptly notify your own insurer if your policy requires it.

10. When should I contact a premises-liability attorney?

Contact an attorney early if you suffered a significant injury, the condition was repaired or removed, an insurer is asking questions, fault is disputed, or you may be nearing a deadline. Early review can help preserve video and records while the facts are still available.