Premises Liability Archives

The responsibilities of property owners to avoid slips-and-falls

Winter weather is here again, which means snow, ice and dangerous road conditions. You not only face accidents driving this winter, but you can encounter slip-and-fall hazards wherever the pavement is wet or icy. There is much you and other Ohio residents can do to reduce your chances of an injurious fall this season. However, at the law office of Mezibov Butler, we understand that a great deal of the responsibility falls to property owners to reduce slip-and-fall hazards on their premises.

Spoliation of evidence in a premise liability case

The preservation of evidence is an important part of any Ohio premises liability case. The duty to preserve evidence is a requirement imposed by a law and a duty that can give rise to an adverse inference or sanctions if breached. A plaintiff who commences a slip-and-fall lawsuit, for example, is obligated to keep text messages pertinent to the case, whether favorable or not. A defendant business owner, on the other hand, who defends against such a case, is obligated to preserve camera surveillance of the slip and fall, maintenance records, and personnel communications having any tendency to prove or disprove any element of the case.

Strict liability for attacks from dogs, vaccinated or not

Dog bite incidents are always unfortunate and sometimes tragic. The victim of a bite can be seriously injured in an attack. A dog’s owner is almost always very concerned and sometimes defensive. Occasionally, dogs attack intruders. Other times, they attack unsuspecting and undeserving individuals. In Ohio, the likelihood of an attack from a dog increases if that dog is at risk for rabies.

Woman sues waterpark after falling off display

Summertime sees countless people both in Hamilton and throughout the rest of the U.S. visiting theme parks. Such locations offer plenty of distractions and diversions, as well as their fair share of risks and hazards. Often, it is assumed that by paying admission to a park, one accepts responsibility for any risks that the activities it offers presents. While that may be true in many cases, park personnel are still responsible for providing a safe environment for guests to enjoy. A perceived failure to do so could certainly lead to accusations of negligence.

City deemed liable for uneven sidewalk

The common perception of slip-and-fall lawsuits amongst people in Hamilton may be that by one simply suing a property owner after having fallen, he or she may be immediately entitled to compensation. That is not the case. Not only does one have to be able to directly link his or her injuries to the accident, but he or she must also establish that the property owner knew of the hazard that caused his or her fall yet did nothing to either remedy it or protect him or her from it. On top of all that, one may also have to prove that his or her own actions did not contribute to the accident.

Analyzing the “one bite free” rule

Dogs are relied upon by many in Hamilton to provide comfort and companionship. Unfortunately, as many of those that we here at Mesibov Butler have worked with have learned, these are still animals whose aggressive nature can pose a risk to others. You may have noticed that after a dog attacks a person, the owner will often express shock and portray the animal as a gentle creature who would not hurt even a fly. He or she may believe such assertions to be true given the interactions he or she has had with the dog. Yet even in cases where a dog has not demonstrated menacing behavior in the past, can his or her owner be held liable if he or she attacks you?

Defining the attractive nuisance doctrine

As winter progresses into spring and summer here in Hamilton, you and your family may be justly excited to once again enjoy warm weather activities such as swimming and watersports. Yet as we here at Mesibov Butler can attest to, such activities can pose unforeseen risks, particularly to small children. Your hope may be that those who own swimming pools or hot tubs have taken the necessary precautions to protect your children from them. If not, and your child drowns or is injured in them, you may be able to hold such owners liable.

Keep swimming a healthy and safe activity

Swimming is a great form of exercise, an effortless way to entertain and an activity that many residents in Ohio enjoy every year. Along with the fun and excitement a pool has to offer, there are also risks like drowning, falling or sicknesses related to poor maintenance or cleanliness procedures. Protecting against these types of dangers can lead to a better, safer and healthier swimming experience.

Have you been bitten by a dog?

Dogs are all around you in Ohio, and whether you love them or not, approaching or being approached by a strange dog carries a certain amount of risk. If you have been bitten by an unknown dog through no fault of your own, you may wish to press charges against the owner. However, before you call your lawyer, you have some legal obligations to the county.

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