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What is the statute of limitations on premises liability?

Residents in Ohio may benefit from understanding more about the state's statute of limitations on premises liability. State law establishes the statute of limitations for bodily injury, property damage or wrongful death from unsafe or inadequate improvements to real property to be no later than 10 years from the date that the conditions of the real property were reconstructed or improved.

If an unsafe or defective condition is discovered within the 10-year time frame and it also falls two years before the expiration, an individual has two years to take civil action against the property owner for damages. People who suffer a disability from the condition and are unable to take civil action are afforded two years to do so, starting from the date that the disability is no longer a factor. Defective or fraudulent improvements to an unsafe or defective conditions may not be protected by these statutes of limitations.

The statute of limitations on this particular form of premises liability may also be altered if the owner of the real property guarantees that the improvements to the unsafe conditions will take longer than 10 years. In order to be considered complete, the property must be available for use again and must have received the improvements described in the terms of the agreement. People that may be subject to a premises liability lawsuit include those responsible for supervising the construction, furnishing the design or performing the construction.

People who need help understanding the state provisions describing premises liability may benefit from contacting legal counsel as soon as possible. Lawyers may be able to help victims determine whether another party can be held liable for any damages incurred.

Source: Ohio Laws and Rules, "2305.131 Ten-year statute of repose for certain premises liability actions.", October 09, 2014

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