Premises Liability FAQ

Frequently Asked Questions About Premises Liability Cases

What if I am injured at somebody’s home—or place of business—but it’s really my own fault? I was just clumsy or careless.

If you were injured and had medical or hospital bills, you may be entitled to some compensation. If your friend or acquaintance has homeowner’s insurance, this will probably include “medical payments” coverage. Medical payments coverage is no-fault insurance. It will pay your hospital and medical expenses. The same goes for a business. Most commercial insurance policies include medical payments coverage.

What if I am injured in someone’s apartment or rental property?

In Ohio, landlords have a duty to keep common areas of rental property in a safe condition. If the landlord fails to keep common areas safe, and you are injured in a common stairwell, hallway, or sidewalk (for example), you may have a claim for damages against the landlord. If you are injured inside an apartment in a rental property because of an unsafe condition, you may also have a claim against the landlord if the tenant notified the landlord about the unsafe condition or the landlord should reasonably have known about the unsafe condition.

I was injured in a retail store when a product fell off a shelf and struck me in the head? Do I have a claim?

You may have a claim. If there was a defect in the shelving, or if the products on the shelf were stacked improperly, you may have a claim against the store. On the other hand, if a customer removed the product form the shelf, and returned it to the shelf improperly, and the store did have knowledge of this, then you would not have a claim.

What if I slip and fall in a grocery store or a retail store because the floor was slippery? Do I have a claim?

Whether you have a claim depends on many factors. If it is raining or snowing, and the floors are slippery because water has been tracked in, then you will not have a claim. The law says that this is an obvious condition, and you should be extra careful. On the other hand, if you slip on a substance that has been spilled, you may have a claim. It depends on how long the substance has been on the floor, and whether the store should reasonably have discovered the substance before you fell. If a store employee mopped the floor and failed to place cones or warnings around the mopped area, you may have a claim. Thus, there are many factors to consider. If you have been seriously injured by a fall in a grocery store or retail store, then you should consult a lawyer.