Property owners are responsible for maintaining their property in a reasonably safe condition to help protect guests and commercial patrons from the risk of injury. If the property is unsafe or there is not enough security, visitors to the property could get seriously injured.
If you suffered an injury or lost a loved one while on someone else’s property, you have the right to pursue compensation for your medical bills, lost wages, funeral and burial costs, pain and suffering, and other damages.
Our Cleveland premises liability lawyers are prepared to help you through the process of filing a claim to pursue maximum compensation. For over 45 years, the attorneys at Friedman, Domiano & Smith have helped injury victims secure millions in compensation.
We offer a free consultation to discuss your claim and charge you nothing while we work on your case. Our attorneys work on a contingency fee basis, meaning you do not owe us anything unless we successfully recover compensation on your behalf.
No upfront fees. No risks. Call 216-621-0070 today.
Do I Have a Case?
Before an attorney can determine whether you have a valid case, there are several facts that must be considered.
First, our attorneys must establish whose property you were on when the accident occurred and whether the property owner owed you a duty of care. Were you visiting a neighbor’s home, at a restaurant or shopping in a store?
Determining the cause of accident is the next step. Did the property owner fail to warn you about a hazard on the property? Were the conditions of the property unsafe?
We must also consider whether you suffered an injury as a direct result of the accident on the property.
Each case is different, so it is important to speak to one of our attorneys as soon as possible to help establish the validity of your claim.
Call 216-621-0070 to schedule a free consultation.
Why Should I Work with an Attorney?
There are some common misconceptions about what it means to work with an attorney after an accident. One of those misunderstandings is that hiring a lawyer to handle your case is either expensive or not worth the cost. However, our attorneys do not charge injury victims any fees until the end of a case, and we only get paid when we have successfully recovered compensation on your behalf. This means you do not pay us anything out of pocket during your case.
Additionally, accident victims who work with an attorney are generally more likely to recover more compensation for their damages than those who choose to negotiate with the insurance companies on their own. This can be especially true when working with a lawyer who is willing to file a lawsuit and take the case to court.
Not only is hiring an attorney risk-free since there are no upfront fees, but it may also make the legal process less stressful for you while you focus on recovering from your injuries. Our attorneys are prepared to help you:
- Investigate your claim
- Gather evidence
- Build a strong case for compensation
- Negotiate with your medical providers to reduce healthcare costs
- Negotiate a fair settlement with the insurance company
- File a lawsuit when the insurance company is not cooperating
- Interview witnesses
- Work with expert witnesses
When you choose to work with Friedman, Domiano & Smith, you are choosing an award-winning legal team that has helped injury victims recover millions in compensation for over 45 years.
How Much is a Premises Liability Case Worth?
The facts of your premise liability case will help your Cleveland premises liability lawyer determine how much it may be worth. Since no two cases are the same, there is no definitive answer to this question.
These types of damages encompass everything that has a tangible dollar value, such as:
- Lost wages
- Medical bills
- In-home care
- Home modifications
- Loss of earning capacity
- Funeral and burial expenses
- And more
Compensation for economic damages should cover all past, present and future expenses associated with your injuries. That is why you should be sure to review all your medical costs and other damages with an attorney who may be able to help establish the economic value of your case.
Unlike medical bills, lost wages and other damages with an explicit dollar amount, non-economic damages are things like emotional suffering and physical pain that do not have a definitive price tag. The value of these types of damages may be determined in part by expert witness testimony from your treating doctor(s), by your family members who witnessed the changes in your mood or even by your notes from an injury journal.
Let us help determine the value of your case. Call 216-621-0070 today.
Who May Be Liable for My Damages?
Property owners have a legal duty of care to ensure those who step foot on their land, building or residence do not suffer an injury because of something that is unreasonably dangerous. A breach of that duty could be considered negligence.
However, there are different standards for the duty of care depending on the legal classification of the victim when he or she was on the property:
- Invitees – These are people who were invited onto the property for the purpose of conducting business, such as at a grocery or retail store. Property owners owe them the highest duty of care to keep the property hazard-free and/or warn of potential dangers.
- Licensees – A person who has permission to enter the property from the owner for non-business purposes, such as a social gathering or event, could be considered a licensee. Property owners only owe them a duty to avoid willfully, wantonly or recklessly causing injury.
- Trespassers – The only duty of care property owners have to unwanted visitors on their property is to refrain from willfully, wantonly or recklessly harming the trespasser.
If a trespasser is a minor, someone under the age of 18, the doctrine of attractive nuisance may play a role in determining liability. The attractive nuisance doctrine was established by the Ohio Supreme Court in 2001. This doctrine states that property owners may be liable for damages if a child was injured while trespassing on a property that has something on it that would attract a child and reasonable care was not taken to make it safe. An example of this would be a residential pool without a fence around it to deter trespassers.
It is also important to note that another doctrine, the open and obvious doctrine, may exclude property owner liability if the hazard on the property was noticeable to a reasonable person. This is a common defense from property owners who fail to keep their properties safe, so you should strongly consider working with our attorneys who know how to fight back against these arguments.
Do not make the decision on your own. Talk to the experienced property injury attorneys at Friedman Domiano & Smith and see if you have a claim.
What if You Were Injured on a Friend’s Property?
While some people may be apprehensive about filing a claim over an injury on a friend’s property, the claim will likely be against your friend’s insurance policy. You will probably not be seeking a recovery directly from your friend.
Is There a Time Limit to File a Lawsuit?
Most premises liability cases will be subject to the personal injury claim statute of limitations. Ohio law states that any action for bodily injury or injuring personal property shall be brought within two years after the cause of action.
If you were injured on someone else’s property, it is important to contact an attorney as soon as possible. Remember that investigating and building a case takes time. If you wait too long, an attorney may be unable to help you.
Common Property Conditions That Can Cause Injury
There are many conditions on both private and public property that may give rise to a premises liability case, including but not limited to the following:
- Wet floors
- Sharp objects
- Uneven pavement
- Construction equipment
- Improperly stored tools
- Unkept lawn
- Unmarked holes
- Inadequate security
- Vicious animals
- Cluttered or uneven walking spaces
A negligently maintained property can cause serious injury or death. We are prepared to hold property owners accountable for their negligent actions.
Call a Cleveland Premises Liability Lawyer Today
It can be very taxing to try and pursue compensation on your own after suffering an injury or losing a loved one due to a property owner’s negligence. We are prepared to assist you with every step of the legal process so you can focus on your recovery.
Our attorneys at Friedman, Domiano & Smith have decades of experience handling injury cases and have secured millions in compensation on behalf of our clients.
We collect no fees until the end of your case. We have extensive resources to investigate your claim, hire expert witnesses and take additional steps to pursue full compensation for damages.