Columbus Premises Liability Attorney
An unsafe premises could contribute to a serious and painful accident such as a slip and fall, dog bite, or accidental drowning. It is a property owner’s legal duty to keep a premises free from hazards and defects. Failure to do so, resulting in visitor injury or death, is negligence. If you or a family member has suffered injuries because of an unsafe premises in Columbus, Ohio, contact the attorneys at Elk & Elk. We can help you go up against the responsible property owner.
Why Choose Us?
- We have proven our ability to secure top results for clients. Over the last 50 years, we have collected more than $1 billion in total verdicts and settlements.
- We are not afraid of taking on complicated premises liability claims. We have the resources to tackle challenging cases.
- We work on a contingency fee basis. Our attorneys will only charge you for their services if they win your case.
When to Call a Premises Liability Lawyer
After suffering a serious injury on someone else’s property, one of your first phone calls will be to the owner’s home insurance company. The insurer is not on your side. The agents or claims adjusters you speak to will be trying to convince you to settle for as low an amount as possible. The best way to fight back against unsavory insurance tactics is with a lawyer. A lawyer can ensure the fairness of settlement negotiations – or take your unsafe premises claim to court in pursuit of just compensation.
Examples of Premises Defects
A premises defect is any obstacle, hazard, safety violation, or health risk that a prudent property owner would have prevented. Although the law does not require property owners to guarantee the safety of visitors, it does ask that they exercise reasonable care in preventing foreseeable accidents. The presence of a defect for longer than is reasonable could constitute negligence if it causes an injury.
- Slippery floors
- Objects in the walkway
- Uneven or cracked sidewalks
- Objects set precariously on shelves
- Faulty equipment or tools
- Rusty playground equipment
- Inadequate lighting
- Negligent security
- Dangerous elevators/escalators
- Unsafe or uncontrolled pets
During a premises liability claim, the courts will ask whether another property owner would have noticed the defect and done something to prevent an accident under the same circumstances. If the answer is yes, the defendant may be liable for damages. It is up to you – or your attorney – to prove the defendant’s fault for your accident through a preponderance of the evidence.
Property Owner Duties of Care
Proving a property owner’s fault for your damages takes establishing that a duty of care existed and that the defendant breached this duty of care through some act of negligence. The duties of care a landowner owed you depend on your status as a visitor. If you were an invitee, such as a customer at a business, the owner owed you the duties to inspect the premises for hazards, repair any known risks, and warn of inconspicuous dangers. The owner may have owed you fewer duties if you were a licensee.
It will be up to you and your attorney to prove that your injury or illness would not have happened were it not for the actions or omissions of the property owner. Establishing a breach of duty may take evidence such as surveillance video footage, eyewitness statements, and testimony from subject-matter experts. Then, your attorney will need to prove that you suffered specific damages in the accident, such as physical injuries, hospital bills, lost wages, or pain and suffering.
Contact Our Premises Liability Lawyers Today
Find out whether you have a premises liability claim – and what that claim could be worth – during a free consultation with one of our Columbus attorneys. We can use our decades of legal practice to help you pursue justice and fair compensation. Call (800) ELK-OHIO today to schedule your meeting.