Premises Liability

Have you been injured on someone else’s property?

Property owners in Indiana (homeowners, landlords, and commercial property owners) have a legal responsibility to maintain their property to be in a reasonably safe condition and to provide adequate warning of any hazard or unsafe conditions that cannot be quickly corrected.

You might qualify for a premises liability injury claim if you have been injured in Indiana on someone else’s property because of:

  • Unsafe conditions
  • Inadequate security
  • Inadequate maintenance
  • Construction defects

ARE YOU…

  • Feeling confused about what steps you need to take?
  • Wondering if you even have a claim?
  • Unsure of how to get help with your medical expenses or normal monthly bills?
  • Feeling stressed because of lost wages from the inability to work?

My goal is to help you get the compensation you need to get your life back to normal as soon as possible. I’ll take care of the hard stuff, so you can focus on healing.

CASE EVALUATION

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Types of Premise Liability Cases

SLIP & FALL 

Slip and fall or trip and fall accidents are some of the most common claims because many people suffer severe injuries from falls. Common causes include, but are not limited to, slick floors caused by spilled liquids, slippery stairs caused by melting ice or snow, or faulty stair rails.

If the property owner created an unsafe condition or knew of a hazardous condition and failed to correct it or provide adequate warning, they may be liable for any resulting injuries.

INADEQUATE MAINTENANCE

Property owners have a duty to maintain the property in a reasonably safe condition. If a person is injured because an elevator or escalator has not been adequately serviced, making it unsafe, it may be grounds for a premises liability claim.

INADEQUATE SECURITY

If a guest or patron has been assaulted or robbed because a property owner failed to take safety measures, such as replacing defective windows or doors, hiring adequate security personnel, or replacing burned-out lights, the guest or patron may have a reason for a premises liability claim.

CONSTRUCTION DEFECTS

Shoddy workmanship or inadequate repairs to a property can result in an injury and be grounds for a premises liability lawsuit involving construction defects.

Frequently Asked

Questions

Who is at Fault?

Indiana law treats premises injuries differently based on the status of the person at the time they were injured. There are three classifications of status: invitee, licensee, or trespasser. An invitee is a person invited to the property. This could be a social guest or business customer. A business like Walmart is considered open to anyone who wants to go in and shop. When you arrive at a Walmart store, you are considered an invitee, even though you likely did not receive an express invitation from Walmart.

An invitee receives the highest protection under the law. The law requires property owners or occupants to exercise reasonable care for the safety of invitees while they are on their property.

Indiana law presumes that in the case of an accident, both the person harmed and the property owner each bear responsibility for prevention. This joint responsibility is called comparative fault.

This means you would be entitled to compensation if the judge or jury determines you bear 50 percent or less of the responsibility for your incident and subsequent injury.

What does invited mean?

A customer in a business or a guest in your home is an invited guest. They have a higher legal standing than a trespasser. Children, even when trespassing, may fall into the category of invitee if they are too young to understand a property hazard or unsafe condition.

What damages may be recovered in a premises liability case?

Damages recovered in a premises liability case may include:

  • Medical bills
  • Lost wages
  • Loss of quality of life

To understand what your rights and options are under Indiana law, please give me a call to discuss your case.