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Premises Liability Archives

Dangerous property suits could be filed for recent derailment

After a recent subway train derailment that took place in another state, one victim has already come forward with a legal claim. Claims that the subway system is dangerous property with careless, negligent, and reckless maintenance have been made. The woman is asking for $5 million in her personal injury claim. Negligence is cited in many personal injury claims across Ohio every year.

Negligent security suit filed in nightclub shooting case

The victim of a nightclub shooting has sued the owners of the establishment where the incident took place. He claims that the owners failed to prevent guests from entering the nightclub with guns. The claim states that the man suffers from disfigurement and permanent injury as a direct result of the business owners' negligent security. Similar premises liability claims are made in Ohio each year.

Slip-and-fall accident could cost Winn Dixie, PepsiCo, others

Reportedly, a lawsuit has been filed against several companies because of the injuries suffered by a customer at one store. A slip-and-fall accident could cost Winn-Dixie and other entities, including Pepsico. In Ohio, when someone is injured because of a slip and fall accident, he or she may have the right to file a lawsuit seeking reimbursement of medical bills, lost time from work and other damages.

What is premises liability? Part 1

Premises liability is a tort theory of liability that is premised on "negligence." The vast majority of tort-related cases are outgrowths from negligence. Negligence mostly holds that victims are entitled to compensation if they were injured due to the negligent actions or inactions of another. Premises liability is a type of negligence theory of recovery based on injuries that occur on real property (i.e. land or buildings). This post will go over the basics of premises liability.

Slip and fall accidents on another person's property

Slip and fall accidents are fairly common, especially with wet or slippery surfaces. Those who fall because of wet floors on another person's property may have the right to claim compensation. It is important to prove that you were not responsible for the fall. Furthermore, you also need to establish that the entire fault of the fall and injury lies with the owner of the property.

Why is my insurance company concerned about my accident?

If you have ever suffered an injury that has sent you to the doctor, chances are you have been asked by the nurse if the injury was related to any specific event. They may have asked if your injury was work related or if it was the result of a car accident. If you have ever had to say yes to one of these questions, you may have been contacted by your insurance company. Fortunately, this is standard practice and nothing to worry about. It is simply your insurance company determining if they should proceed with a subrogation action.

Can I sue if injured while at a state park?

Generally speaking, federal, state and local government bodies are protected against personal injury claims through sovereign immunity. Historically, this meant that individuals could not file personal injury claims or recover damages from government entities for injuries sustained on their property or as a result of employee negligence. Fortunately, there are exceptions to the doctrine of sovereign immunity, and in some cases, individuals can file personal injury claims and receive damages against government entities. Depending on the circumstances, these exceptions may include a personal injury claim against a state park.

If I was hurt at the house I rent, can I sue my landlord?

Rental agreements can vary significantly, and you would be wise to familiarize yourself with yours. However, if your landlord has been negligent of a situation you know they are aware of, and you are hurt due to this negligence, you may have grounds for recourse.