Premises Liability Archives

Parents might be held liable for guns in children’s reach

The right to bear arms is considered by many to be a basic American right. The laws for owning and carrying a firearm in Ohio are relatively lenient, compared to other states. This may lead to some confusion as to whether you can hold another parent responsible if your child was injured at a friend’s home when a gun was left unattended. Our team at Mezibov Butler can answer your questions on this important topic.

Do we live in a highly litigious society?

Conducting an Internet search on filing a claim for an injury will often bring up dozens of attorneys’ websites. You may also be bombarded with numerous articles, blogs and discussions about how frivolous lawsuits are ruining America and making it impossible to enjoy life without having to worry about getting sued. However, are so many of the claims for personal injury, wrongful death, medical malpractice and other topics as frivolous as people claim? The answer might surprise you and other Ohio residents.

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.

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