When an unexpected injury occurs on someone else's property, the aftermath can be overwhelming. Medical bills pile up, time away from work affects your income, and questions about who should be held responsible create additional stress during an already difficult time.
At Cowan & Hilgeman, we represent individuals throughout the Dayton area who have suffered injuries due to unsafe property conditions. We recognize the financial and physical burden these accidents create for victims and their families, and we work diligently to hold negligent property owners accountable for the harm they've caused.
Premises Liability Attorney Dayton, OH
Property owners and managers have a legal obligation to maintain safe conditions for visitors, customers, and in some cases, even trespassers. This duty includes regular inspections, prompt repairs of hazardous conditions, and adequate warnings about dangers that cannot be immediately fixed. When these responsibilities are neglected, serious injuries can result.
Common property hazards that lead to injury claims include:
- Wet or uneven flooring surfaces
- Inadequate lighting in stairwells and parking areas
- Broken handrails and damaged walkways
- Falling merchandise in retail stores
- Defective playground equipment
- Unmarked changes in floor elevation
- Snow and ice accumulation
A Dayton Premises Liability Attorney can help you prove that a property owner knew or should have known about a dangerous condition and failed to take reasonable steps to address it. Ohio law requires injury victims to demonstrate that the property owner's negligence directly caused their injuries, which often involves gathering surveillance footage, maintenance records, and witness statements. We handle the legal legwork so you can focus on recovery and getting your life back to normal.
What Our Premises Liability Lawyers Can Do For You
Cowan & Hilgeman has the resources that are necessary to fully investigate your case and prosecute your claims. We work hard to preserve evidence from the accident site that is necessary to win your case and recover compensation. Cowan & Hilgeman premises liability lawyers work with experts to prove liability and protect your rights. premises liability claims can be difficult, but the injury attorneys at Cowan & Hilgeman know what is necessary to win your case.
A small sample of litigated cases in which clients recovered compensation include:
- Trip and fall on front sidewalk at national Fortune 500 retailer which caused head injury
- Fall off ladder at residential property which caused significant leg fracture and surgery
- Trip and fall at large, national grocery chain which caused traumatic leg fracture, surgery and physical therapy
- Defective door hinge at local min-mart closed to quickly and caused multiple hand fractures requiring surgery and physical therapy
- Slip and fall on liquid at regional Fortune 500 grocery chain which caused back injuries and physical therapy
- Slip and fall on ice at national Fortune 500 retailer which caused traumatic leg injury which required surgery and physical therapy
While previous results are never indicative of future success, the injury lawyers at Cowan & Hilgeman know what it takes to win your case. We are committed to results and are not afraid to aggressively pursue the most challenging cases.
Contact the Dayton Personal Injury Lawyers at Cowan & Hilgeman to schedule your free office consultation.
Types Of Premises Liability Cases We Handle
Property owners, landlords, and businesses owe visitors a duty of care that varies depending on the circumstances. We handle a wide range of premises liability claims involving dangerous conditions that property owners knew about or should have discovered and corrected.
- Slip and Fall Accidents: Wet floors, spilled liquids, freshly mopped surfaces, and icy walkways cause thousands of injuries each year. Property owners must address these hazards promptly and provide adequate warnings while cleaning or repairs are underway.
- Trip and Fall Incidents: Uneven flooring, broken pavement, torn carpeting, and protruding objects create tripping hazards that can send people falling forward onto hard surfaces. These accidents often result in wrist fractures, facial injuries, and dental damage as victims try to break their falls.
- Inadequate Lighting: Poorly lit stairwells, parking lots, hallways, and entryways make it difficult for visitors to see where they're going and identify potential hazards. Insufficient lighting also increases the risk of criminal activity on the property.
- Stairway and Railing Defects: Broken handrails, loose steps, irregular stair heights, and slippery treads violate building codes and create serious fall risks. Property owners must maintain stairways in safe condition and meet all applicable safety standards.
- Elevator and Escalator Accidents: Malfunctioning elevators that suddenly drop, stop between floors, or fail to level properly can cause injuries. Escalator accidents involving clothing or body parts getting caught in moving parts can result in severe trauma.
- Swimming Pool Injuries: Pool owners must maintain proper fencing, provide adequate supervision, keep equipment in good repair, and post safety rules. Drownings, diving injuries, and accidents involving defective pool equipment can lead to devastating consequences.
- Negligent Security: Property owners in high-crime areas have a duty to implement reasonable security measures. When inadequate lighting, broken locks, absent security guards, or malfunctioning cameras allow assaults, robberies, or other crimes to occur, property owners may share liability.
- Falling Objects: Items falling from shelves, balconies, construction sites, or storage areas can strike people below, causing head injuries, broken bones, and other trauma. Stores and property owners must properly secure items and warn people about overhead work.
- Toxic Exposure: Properties containing mold, asbestos, lead paint, or chemical hazards can cause serious health problems for occupants and visitors. Landlords and property owners must disclose known toxic conditions and take appropriate remediation steps.
- Fire Safety Violations: Blocked exits, missing fire extinguishers, broken smoke detectors, and other fire code violations can trap people during emergencies. Property owners who fail to maintain required safety equipment may be liable for injuries or deaths in fires.
- Amusement Park and Recreation Accidents: Facilities offering recreational activities must maintain equipment properly, provide adequate supervision, and follow safety protocols. Ride malfunctions, operator errors, and inadequate maintenance can cause serious injuries.
- Parking Lot Hazards: Potholes, crumbling pavement, inadequate markings, poor drainage, and missing wheel stops create dangers for pedestrians and vehicles. Business owners must maintain their parking areas in reasonably safe condition.
If you've been injured on someone else's property due to a dangerous condition, you may have a valid claim for compensation. Ohio law imposes time limits for filing premises liability lawsuits, so prompt action is important. Contact our firm to discuss what happened and learn about your legal rights. We'll evaluate your case, explain the claims process, and fight to recover fair compensation for your injuries and losses.
Ohio Premises Liability Law
Our Dayton premises liability attorneys are well-versed in Ohio's laws and regulations concerning property owner responsibilities and duty of care. They understand the legal standards that must be met to hold a property owner liable for injuries sustained on their premises. These standards may vary depending on the visitor's status, whether they were an invitee, licensee, or trespasser. Once the attorney establishes negligence, they will negotiate with the insurance companies representing the property owner or file a lawsuit if necessary. They will strive to obtain a fair settlement that adequately compensates their client for the damages suffered. If a settlement cannot be reached, the attorney will prepare the case for trial and advocate on behalf of the client in court.
Premises liability cases can encompass a wide range of accidents and injuries, including slip and falls, trip and falls, inadequate security leading to assault or robbery, swimming pool accidents, elevator or escalator accidents, fires, toxic exposure, and more. A skilled premises liability attorney will have experience handling various types of cases and will tailor their approach to the specific circumstances of each situation. It is crucial for individuals who have suffered injuries on someone else's property in Dayton, OH, to consult with a premises liability attorney promptly. There are specific time limits, known as statutes of limitations, within which a claim must be filed. By contacting an attorney early on, the injured party can ensure that their rights are protected, evidence is preserved, and the legal process is initiated in a timely manner.
A premises liability attorney plays a vital role in helping individuals seek compensation for injuries sustained on another person's property. These attorneys have the knowledge and experience to investigate and build strong cases, negotiate with insurance companies, and advocate for their client's rights in court. If you have been injured due to unsafe conditions on someone else's premises consulting with a Dayton premises liability attorney at Cowan & Hilgeman can provide you with the guidance and representation needed to pursue a successful claim for compensation.
Dayton Premises Liability FAQ
One moment you're walking through a store, visiting a friend, or attending an event, and the next you're on the ground in pain. Property owners have a legal duty to maintain safe conditions for visitors, but negligence happens every day. Wet floors without warning signs, broken stairs, inadequate lighting, aggressive dogs, falling merchandise, and countless other hazards cause serious injuries that could have been prevented. When property owners fail to keep their premises reasonably safe, injured visitors shouldn't have to pay the price. At Cowan & Hilgeman, we fight for individuals harmed by dangerous property conditions, holding negligent owners accountable and pursuing the compensation our clients need to recover from their injuries.
What Types Of Incidents Fall Under Property Owner Liability?
Premises liability encompasses various accidents occurring on someone else's property due to unsafe conditions. Slip and fall accidents happen on wet floors, icy walkways, uneven surfaces, or debris-cluttered pathways. Trip and fall incidents result from broken pavement, exposed cables, poor lighting, or sudden elevation changes. Structural failures include collapsing stairs, broken railings, falling ceiling tiles, or inadequate building maintenance. Inadequate security cases arise when property owners fail to protect visitors from foreseeable criminal acts. Dog bites and animal attacks occur when owners don't restrain dangerous animals. Swimming pool accidents, elevator malfunctions, toxic exposure, and fires caused by code violations also fall under premises liability when property conditions or maintenance failures contribute to injuries.
Who Qualifies As A Property Owner With Legal Duties?
Multiple parties may bear responsibility for maintaining safe premises. Individual homeowners must keep their properties safe for invited guests and service providers. Business owners and operators owe duties to customers and other lawful visitors. Property management companies responsible for maintaining buildings can be liable for dangerous conditions. Landlords must provide safe living conditions for tenants and address known hazards in common areas. Government entities that own public buildings, parks, or sidewalks may face liability under certain circumstances. Commercial tenants can be responsible for areas under their control. A Dayton Premises Liability lawyer investigates ownership records, lease agreements, and maintenance responsibilities to identify all parties who had a duty to maintain safe conditions.
How Visitor Status Affects Property Owner Responsibilities?
Ohio law categorizes property visitors based on their reason for being there, which impacts the duty owed. Invitees are people invited onto property for business purposes or mutual benefit, like customers in stores or patients in medical offices. Property owners owe invitees the highest duty of care, including regular inspections and warnings about known dangers. Licensees are social guests or others with permission to be on the property. Owners must warn licensees about known hazards but don't have to inspect for unknown dangers. Trespassers generally receive minimal protection, though owners cannot intentionally harm them. Children receive special consideration under attractive nuisance doctrine, which requires owners to protect kids from dangerous conditions likely to attract them.
Why Property Owners And Insurers Dispute These Claims?
Property owners face significant liability exposure in premises cases, giving them strong motivation to deny responsibility. Insurance companies know that slip and fall claims are common and fight aggressively to minimize payouts. Defense tactics include blaming victims for not watching where they walked, arguing the dangerous condition was obvious, claiming they didn't know about the hazard, or asserting they couldn't have reasonably prevented the accident. Property owners may argue the injured person was trespassing or that their own negligence caused the injury. Defendants often hire investigators to examine claimants' social media and daily activities, looking for evidence to dispute injury severity. We counter these strategies with thorough evidence gathering and strong legal arguments supporting our clients' claims.
Successful premises liability claims require proving the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. We immediately document the accident scene through photographs and videos showing the hazardous condition. Incident reports filed with property owners or managers provide important documentation. Witness statements from people who saw the accident or the dangerous condition corroborate your account. Maintenance records, inspection logs, and previous complaints reveal whether the owner knew about the hazard. Medical records connect your injuries directly to the accident. We may consult safety professionals to establish property code violations or industry standard breaches. Surveillance footage often captures the incident and proves the hazardous condition existed before your fall.
Contact Us Today!
If you've been injured on someone else's property, time is critical. Ohio law imposes strict deadlines for filing premises liability claims, and valuable evidence can disappear quickly. Contact our office today for a free consultation about your case. We'll review the circumstances of your injury, explain your legal options, and help you make an informed decision about moving forward. Don't let someone else's negligence continue to impact your life—call us now to discuss how we can help you pursue the compensation you deserve.
