I Got Hurt on Someone's Property, What Should I Do?
Accidents happen, and sometimes they occur when you least expect it—on someone else’s property. Whether you’re visiting a friend, walking through a store, or attending a social event, injuries sustained on someone else’s property can be serious and life-altering.
If you’ve been hurt on someone else’s property, it’s important to understand your rights and take the appropriate steps to protect yourself under Ohio law. Wolfe & Mote Law Group, LLC, is here to guide you through what to do if you’ve suffered a personal injury on someone’s premises.
Premises Liability in Ohio
Premises liability refers to the legal responsibility that property owners have in maintaining safe conditions on their property for those who enter.
Property owners are required to keep their premises free of hazardous conditions, repair any known dangers, and warn visitors of any dangers they may encounter. If a property owner fails to uphold these responsibilities, they may be held liable for any personal injuries that result.
Ohio law follows the general principle of premises liability, which means that property owners are responsible for preventing foreseeable accidents. In personal injury cases, whether a property owner is held liable often depends on the type of visitor that was on the property at the time of the accident.
Types of Visitors and Their Rights
In Ohio, there are three main categories of visitors:
Invitees: These individuals enter the property for business purposes or with the owner’s express invitation. For example, customers in a store or guests at a restaurant are considered invitees. Property owners have the highest duty of care toward invitees, meaning they must confirm the premises are reasonably safe and warn of any hazards.
Licensees: These individuals enter the property for social reasons, such as visiting a friend. Property owners owe a lesser duty to licensees. They must warn of dangers they know about but are not required to inspect the property for hidden hazards.
Trespassers: These individuals enter the property without permission. Property owners owe trespassers only a limited duty of care, which is usually to avoid intentionally harming them.
If you were injured while on someone’s property, your status as an invitee, licensee, or trespasser will influence the property owner’s responsibility for your injury.
The First Steps After Being Hurt on Someone’s Property
If you have been injured on someone else’s property, your first priority should always be your health and safety. After the accident, it’s important to take several steps to protect your rights and lay the foundation for a potential personal injury claim. Wolfe & Mote Law Group, LLC, advises the following actions:
1. Seek Medical Attention
Regardless of the severity of your injury, seek medical attention immediately. Even if you feel fine or the injury seems minor, some injuries may worsen over time. For example, head injuries or soft tissue injuries may not show immediate symptoms but can become serious if left untreated.
Seeking medical care promptly not only confirms your well-being but also documents the injury, which is critical for any personal injury claim.
2. Report the Injury
If you're on someone’s property when you're hurt, report the incident to the property owner or manager as soon as possible. If you're at a business, the staff may have an accident report that they can complete.
Documenting the accident at the time it happens helps create a record and may prevent the property owner from later claiming that the injury did not happen on their premises.
3. Document the Scene
Gather as much evidence as possible regarding the injury and the scene of the accident. Take photographs of the area where the injury occurred, any visible hazards, and any damage to your property or clothing. If possible, write down a detailed account of the incident, including what happened leading up to and during the accident.
Additionally, collect the contact information of any witnesses to the accident. Their statements can provide crucial support for your personal injury claim. The more evidence you have, the stronger your case will be if you decide to pursue a claim for compensation.
4. Preserve Evidence
If there is any physical evidence, such as broken equipment, slippery floors, or other hazardous conditions, try to preserve it. If the property owner attempts to fix the hazard before you’ve had the chance to document it, it could weaken your case.
Take photos of any dangerous conditions or items that could have contributed to your injury. For example, if you slipped on a wet floor, photograph the area and any wet spots on the floor before they're cleaned up.
Determining Liability in Premises Liability Cases
After an injury on someone’s property, it’s crucial to determine whether the property owner is liable for the injury. Ohio’s premises liability laws dictate that property owners have a duty of care toward their visitors. However, the duty of care varies depending on the visitor’s status and the type of hazard that caused the injury.
1. Dangerous Conditions on the Property
A key factor in determining liability is whether a dangerous condition on the property caused the injury. Property owners are required to maintain their premises in a reasonably safe condition.
If a property owner fails to fix or warn about a hazardous condition that led to your injury, they may be considered negligent under Ohio personal injury law. Common hazards include:
Slippery floors or walkways
Poorly maintained stairways
Inadequate lighting
Loose handrails
Falling objects
If the property owner knew about the hazardous condition or should have known about it and failed to take appropriate action, they may be liable for your injuries.
2. Reasonable Inspection and Maintenance
Ohio personal injury law also requires property owners to regularly inspect and maintain their property to confirm it's safe.
If an owner fails to inspect for hazards or neglects regular maintenance, they may be found liable for injuries sustained as a result. For example, if a property owner fails to inspect for a wet floor that caused a slip-and-fall accident, they could be held accountable for the injury.
3. The Owner’s Knowledge of the Hazard
In many cases, proving liability depends on whether the property owner knew about the hazardous condition or whether the condition was visible enough that the owner should have known about it.
If the property owner was aware of the hazard and did not take action to remedy the situation, they may be found negligent under Ohio personal injury law.
Statute of Limitations in Ohio for Premises Liability Cases
In Ohio, as in other states, there is a statute of limitations that limits the time within which you can file a lawsuit for a personal injury claim.
For most personal injury cases, including premises liability cases, the statute of limitations is two years from the date of the injury. This means that if you wait too long to file a claim, you may lose your right to seek compensation for your injuries.
It's important to consult with a legal professional as soon as possible after an injury to make sure you meet the filing deadlines and preserve your right to seek compensation.
The personal injury lawyers at Wolfe & Mote Law Group, LLC, can help you understand the timeline for your case and assist in gathering the necessary evidence to support your claim.
Damages You May Be Entitled to
If you're successful in proving that the property owner was negligent and liable for your injury, you may be entitled to compensation for various damages, including:
Medical expenses: Costs related to doctor visits, surgery, medications, rehabilitation, and other treatments necessary to recover from your injury.
Lost wages: Compensation for the income you lost while unable to work due to your injury.
Pain and suffering: Compensation for the physical pain, emotional distress, and mental anguish caused by the injury.
Property damage: Reimbursement for any property damage that occurred as a result of the injury.
The amount of compensation you may be entitled to depends on the severity of the injury, the impact it has had on your life, and other factors. Wolfe & Mote Law Group, LLC, will work with you to understand the full extent of your damages and help you pursue fair compensation.
Contact a Personal Injury Attorney Today
Wolfe & Mote Law Group, LLC, understands the challenges that come with a premises liability case. They proudly serve Columbus, Ohio, and the surrounding areas of Dublin, Westerville, Gahanna, Hilliard, Newark, Heath, Granville, Lancaster, Pickerington, Delaware, Louis Center, and Powell.