In Ohio, a governmental function is a service or activity that is performed for the benefit of the general public, such as police and fire protection, public schools, and road maintenance. A proprietary function, on the other hand, is a service or activity that is performed for the benefit of a specific group or individual, such as a municipal golf course or a water park. ContactOliver Law Office to discuss a potential Ohio government function & premises injury case, we are experienced in this field.
Political Subdivisions & Immunity
When it comes to liability for injuries on the premises, a political subdivision in Ohio is generally immune from liability for injuries that occur during the performance of a governmental function. However, a political subdivision may be liable for injuries that occur on its premises during the performance of a proprietary function.
There are exceptions to this rule, such as if the political subdivision was negligent or engaged in willful or wanton conduct. Additionally, if the political subdivision had actual or constructive notice of a dangerous condition on its premises and failed to remedy it, it may also be liable for resulting injuries.
It’s worth noting that liability for injuries on the premises can be a complex legal issue, and the specific circumstances of each case will be important in determining whether a political subdivision is liable. If you have been injured on the premises of a political subdivision in Ohio, it’s recommended that you consult with an experienced personal injury attorney to determine your legal rights and options.
For example, whether a library would be liable if a maintenance man caused something to fall on a library patron would depend on the specific circumstances of the incident.
Library Premises Liability & Injury Cases
Under Ohio law, a political subdivision, such as a library, is generally immune from liability for injuries that occur during the performance of a governmental function, such as providing library services to the public. However, if the library was performing a proprietary function at the time of the incident, such as maintaining the library building or grounds, it may be liable for resulting injuries.
In order for the library to be liable, the maintenance man’s actions would need to be found to be negligent or reckless. This means that the maintenance man would have had to act in a way that a reasonable person in his position would not have acted, and that his actions were the direct cause of the patron’s injuries. Additionally, the library could also be liable if it knew or should have known about a dangerous condition on the premises that caused or contributed to the patron’s injuries and failed to take reasonable steps to address the condition.
Contact An Experienced Ohio Government Premises Accident Lawyer
Ultimately, the question of whether the library is liable in this situation would depend on the specific facts of the case. If you have been injured at a library due to the actions of a maintenance worker, it’s recommended that you consult with an experienced Dublin & Columbus personal injury lawyer to determine your legal rights and options.
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