Understanding Premises Liability: When Property Owners Are Responsible for Injuries

If you’ve been injured on someone else’s property in Ohio, understanding premises liability law can help you protect your rights and pursue fair compensation.

Key Takeaways:

Property owners are required to maintain reasonably safe premises and address any known hazards.
Common claims include slip and falls, trip hazards, inadequate security, dog bites, and unsafe structures.
Liability depends on visitor status: invitee, licensee, or trespasser.
To prove a claim, you must show duty, breach, causation, and damages.
The “open and obvious” defense has exceptions.
After an injury: report the incident, seek medical care, document evidence, gather witnesses, and consult an attorney.

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What Is Premises Liability?

Premises liability holds property owners accountable when unsafe conditions on their property cause injuries to lawful visitors. This applies to both residential and commercial properties, including grocery stores, shopping malls, apartment buildings, restaurants, parking lots, and private homes.

Key principles include:

Property owners must maintain reasonably safe environments.
Failures to do so may result in liability for resulting injuries.
Both businesses and homeowners may be responsible for dangerous conditions on their property.

“Property owners have a fundamental responsibility to keep their premises safe,” says Robert Erney, founding partner at Erney Law. “When they fail in that duty of care, and someone gets hurt, they need to be held accountable.”

What Are the Most Common Types of Premises Liability Cases?

Slip and Fall Accidents

These are the most common premises liability claims and may result from:

Wet floors or spilled liquids
Poor lighting
Uneven surfaces
Lack of warnings
Failure to address known hazards

Trip and Fall Accidents

Often caused by:

Broken stairs or missing handrails
Damaged sidewalks
Debris in walkways
Potholes
Unmarked elevation changes

Swimming Pool Accidents

Common hazards include:

Missing or inadequate fencing
Unsecured pool areas
Slippery pool decks
Drowning risks
Unsafe diving conditions

Inadequate Security

Property owners may be liable for criminal attacks resulting from:

Poor lighting
Lack of security cameras
Absent security personnel
Broken locks or access controls

Dog Bites and Animal Attacks

Ohio imposes strict liability for dog bites. Victims may recover compensation even when the owner didn’t know the dog was dangerous.

Defective or Dangerous Conditions

Examples include:

Exposed wiring
Broken handrails
Defective stairs
Crumbling structures
Malfunctioning equipment

How Does Ohio Determine Responsibility?

Ohio law classifies visitors as invitees, licensees, or trespassers, and property owner duties vary accordingly.

Invitees

Highest duty of care, requiring:

Regular inspections
Prompt hazard correction
Adequate warnings

Licensees

Moderate duty, requiring:

Warnings of known dangers
Avoidance of willful or wanton harm

Trespassers

Limited duty, requiring:

No intentional harm
Reasonable care toward foreseeable child trespassers under the attractive nuisance doctrine

Attractive Nuisance

Property owners must secure features likely to attract children, such as pools, trampolines, and construction equipment.

How Does Ohio Determine Responsibility?
Ohio law classifies visitors as invitees, licensees, or trespassers, and property owner duties vary accordingly.
Invitees
Highest duty of care, requiring:
• Regular inspections• Prompt hazard correction• Adequate warningsLicensees
Moderate duty, requiring:
• Warnings of known dangers• Avoidance of willful or wanton harmTrespassers
Limited duty, requiring:
• No intentional harm• Reasonable care toward foreseeable child trespassers under the attractive nuisance doctrineAttractive Nuisance
Property owners must secure features likely to attract children, such as pools, trampolines, and construction equipment.

What Must You Prove in a Premises Liability Claim?

A successful claim requires showing:

Duty: The owner owed a legal duty of care
Breach: The owner failed to meet that duty
Causation: The breach caused your injuries
Damages: You suffered actual harm

Proving that a property owner knew or should have known about the hazard is often central to the case.

What Is the “Open and Obvious” Defense in Ohio?

The doctrine allows property owners to argue that they had no duty to warn about plainly visible hazards. However, several exceptions apply.

Negligence Per Se

The Negligence Per Se defense may not apply when:

A safety statute was violated
Landlord-tenant safety laws were breached

Attendant Circumstances

Owners may still be liable when:

Lighting or glare obscures visibility
Visitors are distracted or directed toward a hazard
Environmental conditions make avoidance difficult

Duty to Maintain

Even when a hazard is visible, property owners must still maintain safe conditions.

“The open and obvious defense does not give property owners a free pass,” says Rob Erney. “Just because a hazard is visible doesn’t mean the owner exercised reasonable care.”

What Should You Do If You Are Injured on Someone Else’s Property?

Report the Incident

Notify the property owner or manager
Request an incident report
Document who you notified

Seek Medical Care

Document injuries
Prevent worsening conditions
Establish medical records

Document the Scene

Take photos or video
Record environmental conditions
Note warnings or lack thereof

Preserve Evidence

Keep clothing and damaged items
Save receipts showing you were on the property

Gather Witness Information

Collect names and contact details

Avoid Recorded Statements

Insurance companies may use them against you. Do not provide one before speaking with an attorney.

Contact an Attorney

An experienced attorney can investigate, gather evidence, consult experts, negotiate with insurers, and manage all aspects of your claim

How Long Do You Have to File a Claim in Ohio?

You must file a premises liability lawsuit within two years of the injury. Delays can result in lost evidence, fading memories, and reduced chances of recovery.