Ohio Accidents and Premises Liability: Who is Responsible?

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Determining who is responsible for your injury may be complicated and often affects whether you are eligible to be compensated for damages related to your accident.

If your accident was due to your own unauthorized or dangerous behavior, you are likely ineligible for compensation. However, if your accident was due to the property's dangerous or defective condition, the owner and/or occupier of the property may be legally responsible for your injury.

An owner's (or occupier's) legal responsibility is based upon the party's legal duty to ensure that the property is kept in a reasonably safe condition. If the legal duty was not met, and the violation of that duty can be shown to be the direct cause of your injury, the owner and/or occupier is generally considered legally responsible for your injury.

Many times, however, the property's owner and the person occupying the property are not the same. In such cases, figuring out who is responsible (the owner or the occupier) is a more complicated matter.

Where the injury occurred (whether a business or office, or a residential property, such as an apartment) often influences which party (the owner or the occupier) is held liable. For example, commercial property leases often dictate whether the owner or occupier is to be held legally liable in the event an injury occurs on the property.

If, however, you were injured on a residential apartment property, responsibility is usually divided depending on which party was responsible for maintaining the property involved. For instance, if you were injured due to a dangerous staircase railing, the landlord will typically be held liable. However, if you were injured due to a defective piece of moveable furniture, the tenant may be responsible. In some cases, both parties may be legally responsible.

For assistance with determining who may be responsible for your premises liability accident, please contact our Cincinnati personal injury law office today or call (513) 474-3700.

 
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