Fishers Premises Liability Attorney

Fishers Premises Liability Lawyer

Key Takeaways for Fishers Premises Liability 

• Premises liability is an area of law that holds property owners responsible for injuries caused by unsafe conditions on their property.
• Property owners in Indiana have a legal duty to maintain a reasonably safe environment for people who are legally on their premises.
• The extent of the property owner’s duty depends on the visitor’s legal status as an invitee, licensee, or trespasser.
• Evidence such as photos of the hazard, witness statements, and medical records is crucial in establishing a premises liability claim.
• A person injured due to a property hazard may be able to recover compensation for medical bills, lost income, and pain and suffering.

Why Choose Wyant Law for Your Premises Liability Claim?

When you are recovering from an injury, the last thing you need is a legal process that adds more stress to your life. At Wyant Law, we understand the physical, emotional, and financial challenges you are facing. Attorney Chris Wyant believes a lawyer should be approachable and easy to talk to. He is committed to providing compassionate and personalized guidance to every client. We are here to listen to your story, answer your questions, and give you an honest assessment of your situation.

• Personalized Attention: You will work directly with Chris Wyant, who will take the time to understand every detail of your case.
• Honest Communication: We believe in keeping you informed and providing straightforward advice throughout the entire process.
• Dedicated Advocacy: We are prepared to negotiate forcefully on your behalf and, if necessary, to represent your interests in court.

What is Premises Liability?

You have probably heard the term “slip and fall,” but that is just one type of case that falls under a broader legal concept called premises liability. In simple terms, premises liability is the legal principle that holds a property owner or manager responsible for accidents and injuries that occur on their property. The core of these cases is negligence.

1. Duty of Care: The property owner had a legal responsibility to you. This means they were required to maintain a reasonably safe environment.
2. Breach of Duty: The owner failed to meet that responsibility. For example, they knew about a wet floor but did not clean it up or put out a warning sign.
3. Causation: The owner’s failure directly caused your injuries. In other words, you would not have been hurt if not for the unsafe condition.
4. Damages: You suffered actual harm as a result of the injury. This can include medical expenses, lost wages, and physical and emotional pain.

Premises Liability Cases We Handle

• Slip and Fall Accidents: These are the most common type of premises liability case, often caused by wet floors, icy sidewalks, cluttered walkways, or uneven surfaces.
• Trip and Fall Accidents: Caused by hazards like broken pavement, torn carpeting, poor lighting, or unmarked steps.
• Dog Bites and Animal Attacks: Indiana law holds dog owners responsible for injuries their pets cause.
• Inadequate Security: Injuries resulting from assaults or robberies that could have been prevented by proper security measures like working locks, adequate lighting, or security personnel.
• Swimming Pool Accidents: Accidents caused by a lack of proper fencing, supervision, or maintenance.
• Falling Objects: Injuries from items falling off shelves in a store or from unsecured objects on a construction site.
• Elevator and Escalator Accidents: Malfunctions due to poor maintenance can lead to serious injuries.

Who May Be Held Liable in a Fisher, IN Premises Liability Lawsuit?

• Property Owners: This includes homeowners, commercial building owners, and landlords who are responsible for maintaining common areas.
• Renters or Tenants: A business that rents a commercial space, like a restaurant in a strip mall, is generally responsible for keeping its specific area safe for customers.
• Property Management Companies: Owners often hire third-party companies to handle the day-to-day maintenance and safety of a property, such as an apartment complex.
• Third-Party Contractors: A landscaping or snow removal company hired to maintain the grounds could be liable if their negligence leads to an injury.
• Government Entities: If you are injured on public property, such as a city park like Roy G. Holland Memorial Park or a government building, the municipality of Fishers or another government body could be held responsible.

Categories of Visitors and Property Owner Duties

In Indiana, the level of responsibility a property owner has to a visitor depends on why that person is on the property. The law classifies visitors into three categories, and each category is owed a different “duty of care.” 

1. Invitee: An invitee is someone who is on the property for the financial benefit of the owner or is a member of the public on property that is open to the public. Customers in a store, diners in a restaurant, or attendees at a concert at the Nickel Plate District Amphitheater are all invitees. Property owners owe the highest duty of care to invitees. They must not only warn of and fix known dangers but also proactively inspect their property to discover and repair any hidden hazards.
2. Licensee: A licensee is a social guest who is on the property with the owner’s permission but not for a business purpose. This includes friends or family visiting someone’s home. The property owner has a duty to warn a licensee of any known dangers that the guest is unlikely to discover on their own. However, unlike with an invitee, the owner does not have a duty to actively search for hidden dangers.
3. Trespasser: A trespasser is someone who enters a property without permission. Generally, property owners do not owe a duty of care to adult trespassers to protect them from harm. The main exception is that an owner cannot willfully or wantonly injure a trespasser. There are special protections for children who might be drawn to an “attractive nuisance,” like a swimming pool, on the property.

Fishers Premises Liability Lawyer FAQs

Contact Our Experienced Fishers Premises Liability Attorney at Wyant Law Today