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How Do You Prove a Premises Liability Claim in Ohio?

Premises Liability

When you get injured on someone else’s property in Ohio, recovering your losses involves filing a premises liability claim. Under Ohio law, both property owners and tenants can be held liable for premises-related accidents, and victims of these accidents can recover just compensation for their medical expenses, lost wages, pain and suffering, and other losses.

But, to file a successful claim, you need proof of your legal rights. So, how do you prove a premises liability claim in Ohio?

Two Aspects to Proving a Premises Liability Claim Under Ohio Law

As with all types of personal injury claims, there are two aspects to proving a premises liability claim under Ohio law. First, you need to prove that the property owner or tenant is legally responsible for your injuries. Then, once you’ve established the property owner or tenant’s liability, you also need to be able to prove how much you are entitled to recover.

Let’s take a look at each of these in detail:

1. Proving That the Property Owner or Tenant is Legally Responsible

How do you prove that a property owner or tenant is legally responsible for your injuries? The key is to quickly gather as much evidence as possible. However, you should not try to gather this evidence on your own. Investigating a premises liability claim requires in-depth legal knowledge. If you don’t know what evidence you need, or if you don’t take the necessary steps to preserve the evidence’s admissibility in court, you won’t be able to investigate appropriately. As a result, you could end up making very costly mistakes, and you could even lose your ability to file a successful claim.

With this in mind, to prove that the property owner or tenant is legally responsible, you should engage a law firm to investigate your accident as soon as possible. During its investigation, your law firm will work to collect and preserve all forms of available evidence—which may include evidence such as:

  • Surveillance camera footage
  • Statements from eyewitnesses
  • Forensic evidence from the accident scene (i.e., evidence of slippery walking surfaces or poorly maintained premises)
  • Maintenance records or internal communications regarding the property’s condition
  • Reports from engineers, building inspectors and other experts

While you shouldn’t try to investigate your accident on your own, there are still steps that you can (and generally should) take to assist your law firm with proving the property owner or tenant’s liability. For example, following a premises-related accident in Ohio, it is a good idea to:

  • Write down everything you remember about your accident
  • Be sure to keep any photos or videos you took with your phone at the accident scene
  • Take photos of your injuries and carefully follow your doctor’s medical advice (or seek a second opinion if necessary)

With regard to following your doctor’s medical advice, as an accident victim, seeking treatment promptly is one of the most important steps you can take to protect your legal rights. This will help with proving when you got injured—which can be critical for proving that your injuries are related to the accident.

2. Proving How Much You Are Entitled to Recover

While proving that the property owner or tenant is responsible for your injuries is a critical step in the process, it is not the only step involved in filing a successful premises liability claim. To recover just compensation, you also need to prove how much you are entitled to recover.

You cannot rely on the property owner or tenant’s insurance company to do this for you. The insurance companies have their best interests in mind, and their goal in every case is to pay as little as possible. Additionally, despite the fact that they may try to get you to accept a lowball settlement, the simple fact of the matter is that they have no idea of the full extent of your injury-related losses.

Thus, proving the value of your premises liability claim is up to you.

How do you prove the value of your premises liability claim? Here, too, you need evidence, and you also need to work with a law firm that can use its experience, resources, and relationships to help you. When you engage a law firm to handle your premises liability claim, the firm’s lawyers will rely on evidence such as:

  • Your medical records, bills and receipts
  • Your psychological, physical and occupational therapy records, bills and receipts
  • Your receipts for prescriptions, medical supplies and other necessary purchases
  • Your employment records
  • Reports from medical and financial experts
  • Testimony from friends and family members
  • Documentation of your pain and suffering
  • Documentation of all of the other ways your accident has impacted (and will continue to impact) your life

Once again, while you will need to rely on your law firm’s legal knowledge, there are steps that you can take to help with your premises liability claim as well. For example, if you can keep track of the expenses you incur as a result of your accident and take notes about your injuries’ non-financial impacts on a daily basis, this information will be extremely helpful.

Whether you were injured in a slip and fall, an elevator or escalator accident, or any other type of premises-related accident in Ohio, you owe it to yourself to protect your legal rights (and your finances) by all means available. You do not have to—and you should not—try to handle your situation on your own. An experienced law firm can help, and you can hire a law firm to represent you at no out-of-pocket cost.

Do You Have a Premises Liability Claim in Ohio? Find Out for Free

If you need help after a premises-related accident in Ohio, we strongly encourage you to contact us for more information. Your initial consultation is completely free and confidential, and you pay nothing unless we win. To speak with an experienced premises liability lawyer at Malek & Malek Law Firm as soon as possible, call 888-444-7440 or tell us how we can reach you online now.