Were you injured on another person’s property in Cleveland, Ohio? Call Wisehart Wright Trial Lawyers for a free consultation at (216) 510-9985. Our Cleveland premises liability lawyers can help you take legal action and file a personal injury claim for the available compensation under Ohio law.
We’ve won more than $100 million for our clients and have over 181 years of combined experience practicing law. Our legal team will be at your side every step of the way and is prepared to take your case to court if necessary. During your free case review, we can advise you on your legal options going forward.
Why Choose Wisehart Wright Trial Lawyers for Help After an Accident on Someone Else’s Property in Cleveland, OH?
Property owners in Cleveland, OH, have a duty to keep visitors reasonably safe, but holding them accountable isn’t always easy. At Wisehart Wright Trial Lawyers, our experienced Cleveland personal injury lawyers have spent decades representing injured victims in premises liability cases across Ohio. We know how to build strong cases, negotiate with insurers, and fight for the compensation our clients deserve.
Here’s why clients trust us with their premises liability cases:
- Our personal injury law firm has almost two full centuries of legal experience in total
- The case outcomes we’ve secured for our clients include numerous recoveries in the millions of dollars
- We’ve won awards from Super Lawyers, Martindale-Hubbell, and other prominent legal organizations for our work
- We’ll dedicate the full force of our resources to your case from the beginning, including hiring expert witnesses as needed
Contact our Cleveland premises liability attorneys today for a free consultation. We’re ready to get started on your case immediately.
What Do I Need to Prove to Win a Premises Liability Case in Ohio?
In Ohio, premises liability claims revolve around a concept called “duty of care.” Property owners are required to take certain steps to protect the people on their property from foreseeable harm. The level of protection they owe depends on why the visitor was there in the first place.
Ohio law divides visitors into three categories:
Invitees
An invitee is someone who enters a property for a purpose that benefits the owner, such as shopping at a store. Property owners owe invitees the highest level of care. They must regularly inspect the premises for unsafe conditions, fix hazards within a reasonable time, and warn visitors of any dangers that haven’t been addressed yet.
Licensees
A licensee is someone who enters with the owner’s permission but for their own personal reasons. A friend coming over to your house for dinner would fall into this category. The duty of care is lower here. The property owner doesn’t have to actively seek out hazards, but they do need to warn licensees about any hidden dangers they already know about.
Trespassers
Trespassers are owed the least protection. Property owners are generally only required to avoid causing them harm through willful, wanton, or reckless conduct. One notable exception involves children. Under Ohio’s attractive nuisance doctrine, a property owner may still be liable if a child trespasser is injured by a dangerous condition on the property, like an unfenced swimming pool, that is likely to attract children who don’t fully understand the risk.
What Is My Cleveland Premises Liability Case Worth?
Each case has a unique value based on its facts and circumstances. Some cases involve minor injuries that heal in a matter of weeks, while others result in permanent disabilities that change the course of a person’s life.
Some of the factors that can influence what your case is worth include:
- How severe your injuries are and whether you’ll make a full recovery
- The amount of your medical bills and other financial losses
- Whether the property owner’s negligence was extreme
- The strength of the evidence supporting your claim
- The limits of any applicable insurance policies
- Whether you share any of the blame for what happened
Our team will conduct a thorough investigation of your accident so we can demand as much compensation as possible.
What Kinds of Damages Are Available to Cleveland Premises Liability Accident Victims?
Two forms of compensatory damages are available for premises liability victims in Ohio: economic and non-economic. In rare cases, punitive damages may also be on the table.
Economic damages cover the financial losses tied directly to the accident:
- Medical bills
- Future medical treatment
- Rehabilitation costs
- Lost wages
- Reduced earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages account for the personal impact the accident has had on your life:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Scarring or disfigurement
- Disability
- Loss of companionship
Punitive damages are only awarded in extreme situations where the property owner’s conduct was egregious. These damages are not meant to compensate you for a loss; they exist to punish the at-fault party and discourage similar behavior in the future. That said, they’ll still go into your pocket if they’re awarded nonetheless.
How Much Does It Cost to Hire a Premises Liability Lawyer in Cleveland, OH?
Hiring a premises liability lawyer won’t cost you anything out of pocket. Our attorneys work on a contingency fee basis, which means we only get paid in terms of attorney’s fees if we win your case. There are no hourly rates and no upfront retainers to worry about.
We’ll agree on terms at the beginning of the process so that there won’t be any surprises down the road. This setup makes it possible for anyone to hire an experienced lawyer without worrying about how to pay for it while they’re recovering from an injury.
Can I Recover Compensation if I’m Being Blamed for a Premises Liability Accident in Ohio?
You might still be able to recover compensation even if the property owner claims you were partially at fault. Ohio follows what’s known as a modified comparative negligence standard with a 51% bar.
What that means in practice is straightforward. If you’re found to be 50% or less at fault for the accident, you can still recover damages. However, your total compensation will be reduced by whatever percentage of fault is assigned to you. For example, if your damages add up to $200,000 and you’re found 20% responsible, your recovery would be reduced to $160,000.
If you’re found to be 51% or more at fault, you lose your right to recover anything at all. Insurance companies know this and will often try to shift as much blame onto you as possible to reduce what they owe. Our premises liability attorneys know how to push back against those tactics and fight to make sure you aren’t unfairly held responsible.
Common Premises Liability Injuries in Cleveland, Ohio
Premises liability accidents can cause a wide range of injuries, some of which may not show symptoms right away. No matter what kind of harm you’re dealing with, our Cleveland personal injury attorneys are here to help.
Common injuries in these cases include:
- Broken bones
- Sprains and strains
- Back injuries
- Spinal cord damage
- Traumatic brain injuries (TBIs)
- Concussions
- Neck injuries
- Shoulder injuries
- Hip fractures
- Knee injuries
- Lacerations
- Burns
- Nerve damage
- Paralysis
- Fatal injuries
Call us today for a free consultation and to ask any questions you may have about your case.
What Causes Most Premises Liability Accidents in Ohio?
Premises liability accidents often happen because dangerous property conditions are not repaired, addressed, or clearly marked. Property owners, businesses, landlords, and others who control a property have a duty to take reasonable steps to keep their premises safe for lawful visitors. When they fail to do so, serious injuries can occur.
Common causes of premises liability accidents in Ohio include:
- Wet or slippery floors
- Uneven sidewalks or walkways
- Broken stairs or damaged handrails
- Poor lighting
- Loose rugs or torn carpeting
- Cluttered walkways
- Falling merchandise or unsecured objects
- Inadequate security measures
- Unsafe parking lots
- Failure to warn of known hazards
Determining what caused the accident is an important step in establishing liability. An experienced Cleveland premises liability lawyer can investigate the circumstances of your accident, gather evidence, and help identify the parties who may be responsible for your injuries.
How Long Do I Have to File a Premises Liability Lawsuit in Ohio?
Ohio’s statute of limitations gives you two years from the date of your injury to file a premises liability lawsuit. If you miss that deadline, the court will almost certainly dismiss your case, and you’ll lose your right to pursue compensation, no matter how strong your claim might be.
There are limited exceptions that could extend or shorten this timeline depending on the circumstances. The best way to find out exactly how much time you have is to speak with an attorney as early as possible. Contact our lawyers as soon as you can for a free consultation so that we can make sure your claim stays on track.
What Should I Do After a Premises Liability Accident?
The steps you take after a premises liability accident can affect both your health and your ability to pursue compensation. Acting promptly can help preserve important evidence, document your injuries, and protect your legal rights.
After a premises liability accident, you should:
- Seek medical attention: Even if your injuries seem minor, a medical evaluation can identify injuries that are not immediately apparent and create important documentation linking your injuries to the accident.
- Report the accident: Notify the property owner, manager, landlord, or another responsible party as soon as possible. If an incident report is prepared, ask for a copy if one is available.
- Document the scene: Take photographs or videos of the hazardous condition, your injuries, and the surrounding area before the condition is repaired or changed.
- Collect witness information: If anyone saw the accident, obtain their names and contact information. Witness statements may help support your claim.
- Preserve evidence: Keep the clothing and shoes you were wearing at the time of the accident, and save medical records, receipts, and other documents related to your injuries and expenses.
- Avoid discussing fault: Do not admit fault or make statements about what caused the accident before all the facts have been investigated.
- Contact a premises liability lawyer: An attorney can evaluate your case, explain your legal options, and help preserve evidence before it is lost.
Taking these steps can strengthen your claim and make it easier to demonstrate how the accident occurred and how it has affected your life. An experienced premises liability lawyer can guide you through the legal process and help protect your right to pursue fair compensation.
Contact Our Cleveland Premises Liability Attorneys for a Free Consultation
Were you injured in an incident on someone else’s property in Cleveland, OH? Wisehart Wright Trial Lawyers can help you hold the responsible property owner liable and pursue all of the compensation you need and deserve.
Our Cleveland premises liability lawyers bring 181 years of combined experience to these cases and have already recovered over $100 million for our clients across Ohio. Call us today to schedule your free initial consultation and find out how we can help.