Ohio Premises Liability Lawyer

How does Ohio classify people who are hurt on someone else's property?

Ohio still uses visitor categories. The duty an owner owes depends on whether you were a business invitee, a licensee or a trespasser.

• Business invitees, such as store customers, are owed reasonable care, including inspection for hidden dangers and warnings about them.
• Licensees, such as many social guests, are generally owed protection from willful or wanton harm and warnings about known hidden dangers.
• Trespassers are generally owed only protection from willful or wanton harm, with special rules for children.

Your category matters, so we look closely at why you were on the property and who invited you.

What is the open and obvious rule in Ohio?

Under Ohio's open and obvious rule, an owner generally has no duty to warn about a hazard that is plainly visible. The owner can argue that the hazard itself was the warning.

This is one of the most common defenses in Ohio premises cases. It is weaker when the hazard was hidden, poorly lit, disguised by a pattern or display, or when the owner created a distraction. A dark step, a clear liquid on a shiny floor, or a hole hidden by leaves may not be open and obvious. Photos taken right after the fall, showing the lighting and what you could see, are often decisive.

Can I sue for a slip on snow or ice in Ohio?

Sometimes. Ohio owners are generally not liable for natural accumulations of snow and ice, because Ohioans are expected to understand winter hazards. But the rule has limits.

An owner can be responsible when an accumulation was unnatural, such as ice from a leaking gutter, a poorly designed downspout or snow piled where it melts and refreezes across a walkway. An owner may also be responsible when it knew the ice was far more dangerous than a visitor would expect, or when a contract or lease required it to clear the snow. Lake-effect snow in the northeast makes these questions common every winter.

Are casinos, stadiums and amusement parks held to the same rules?

Yes. Casinos, stadiums, arenas and amusement parks owe business invitees reasonable care, and they often face claims about crowds, spills, stairways, escalators and rides.

Ohio has several large casinos, major league stadiums and popular amusement parks. Many keep extensive video, which can be very helpful if it is requested quickly. Ride injuries may also involve inspection rules and product liability claims against the ride's maker. Negligent security can also be an issue at venues and parking garages where a crowd or a history of violence made an attack foreseeable.

How does the 51% bar apply to a fall?

Your award is reduced by your share of fault as long as you are 50% or less at fault. Above 50%, you recover nothing.

Here is an example. A customer trips over a pallet left in a dim aisle at a Toledo home improvement store. The store argues she should have seen it. If the open and obvious defense fails and a jury values her losses at $80,000, finding the store 65% at fault and her 35% at fault, she recovers $52,000. If the jury found her 51% at fault, she would recover nothing.

What if a public sidewalk or building caused my injury?

Ohio cities, counties and other political subdivisions generally have immunity, with exceptions that include some injuries caused by physical defects in public buildings and the failure to keep public roads in repair. Claims against the State of Ohio itself generally go to the Ohio Court of Claims.

These rules are technical, so identifying who owns and maintains the property is the first step. Our government and public property claims page explains more.

1. Photograph the hazard, lighting and area before anything changes.
2. Report the fall in writing and keep a copy.
3. Get the names of witnesses and employees.
4. Keep your shoes and clothing.

Most premises lawsuits must be filed within 2 years. Our Ohio overview covers the state's general rules, and our Ohio wrongful death page helps families after a fatal fall. Dog bites on property follow a separate statute explained on our dog bite page. We offer a free case review, and you pay no fee unless we win.