When you step onto someone else’s property, whether it’s a grocery store, a friend’s home, or a football stadium, you have a reasonable expectation of safety. But what happens when that expectation is shattered by a slip, trip, or fall? Premises liability laws play a critical role in ensuring property owners are held accountable for maintaining safe environments.
This blog explains Indiana’s premises liability laws, breaking down protections for visitors and legal responsibilities for property owners. Whether you’re a victim of a slip and fall accident or seeking clarity about property-related liabilities, this guide will help you understand your rights and options.

What is Premises Liability in Indiana?
Premises liability is the legal framework that holds property owners and possessors responsible for maintaining safe conditions on their premises. If unsafe conditions lead to injuries, the property owner or possessor or management company may be held liable.
Indiana’s premises liability laws cover several types of accidents, such as slip and falls, inadequate security, falling objects, and hazardous conditions. However, liability depends on specific legal criteria and the injured party’s relationship to the property.
Duty of Care Owed to Different Entrants
Indiana law defines a property owner’s duty of care based on the status of the person entering the property. These distinctions determine the level of responsibility owed by the owner.
1. Invitee
Invitees are individuals who enter a property for mutual benefit, such as customers in a store. Property owners owe invitees the highest duty of care, including regular inspections and prompt hazard resolution and warning.
2. Licensee
Licensees, such as social guests, enter a property for their own purposes with the owner’s consent. The owner must warn licensees of known dangers but isn’t typically required to inspect the property for hazards.
3. Trespasser
Trespassers enter a property without permission or legal right. Property owners owe a limited duty to avoid intentionally harming trespassers but typically aren’t responsible for injuries caused by unsafe conditions unless the trespasser is a child drawn to an “attractive nuisance” like an open pool.
Common Types of Premises Liability Cases
Premises liability cases often involve situations that could have been prevented with proper property inspection, maintenance and care. Here are some common examples in Indiana:
- Slip, Trip, and Fall Accidents: These make up a significant portion of premises liability claims and often result from wet floors, uneven surfaces, or poor lighting.
- Big Box Store Accidents: Injuries can occur in retail environments due to cluttered aisles, misplaced merchandise, or falling objects, as well as wet floors, uneven surfaces, or poor lighting.
- Inadequate Security: Failure to provide proper lighting, surveillance, or security measures may lead to foreseeable criminal acts that harm visitors.
- Hazardous Conditions: This includes broken stairs, exposed wires, or failing to remove ice and snow from sidewalks.
Contact Our Indiana Injury Lawyers Now
Elements to Prove in a Premises Liability Claim
If you’ve been injured on someone else’s property, you must prove the following elements to succeed in your claim under Indiana law:
- Duty of Care: Show that the property owner or another owed you a specific responsibility based on your status (invitee, licensee, trespasser).
- Negligence: Prove that the owner failed to exercise reasonable care in maintaining the premises.
- Causation: Establish that the owner’s negligence was a responsible cause of your injury.
- Damages: Demonstrate actual losses, such as medical expenses, lost wages, or pain and suffering.
Defenses Against Premises Liability Claims
Property owners often use several defenses to counter premises liability claims in Indiana. Here are the most common ones:
- Contributory Negligence: Arguing the injured party’s own negligence contributed to or caused the accident.
- Open and Obvious Danger: Claiming the hazard was so apparent that a reasonable person would have avoided it.
- Lack of Notice: Suggesting the owner wasn’t aware of the dangerous condition and didn’t have time to fix it.
- Trespassing: Stating the injured party was on the property unlawfully.
- Independent Contractor Negligence: Holding a third-party contractor responsible for the dangerous condition instead of the property owner.
At Craven, Hoover & Blazek, P.C., we know how to go up against these kinds of defenses and can help our clients obtain the fair verdict they deserve. Schedule a free case review today.
Compensation Available in Indiana
Victims of premises liability accidents may be eligible for several types of compensation in Indiana, including but not limited to:
- Medical Expenses: Coverage for hospital bills, physical therapy, and future medical needs.
- Lost Wages: Reimbursement for income lost due to time away from work.
- Pain and Suffering: Compensation for emotional distress and diminished quality of life.
- Property Damages: Reimbursement for any personal property damaged during the incident.
Your compensation may be reduced under Indiana’s comparative negligence laws if you are found partially at fault for the accident.
How to Find an Experienced Indiana Premises Liability Attorney
Navigating a premises liability claim can be complicated, especially when dealing with insurance companies and legal defenses. Hiring an experienced Indiana premises liability attorney can significantly increase your chances of a favorable outcome.
When searching for a lawyer in Indiana, particularly in Marion, Hamilton, Hancock, or Johnson counties, focus on professionals with expertise in personal injury laws and premises liability cases. Many attorneys offer free consultations to assess your claim. The law office of Craven, Hoover and Blazek, P.C. offers free initial consultations and never charges lawyer fees unless we prevail for you. Contact us today to schedule a time to meet with us.
FAQ About Slip and Fall Claims in Indiana
What should I do immediately after a slip and fall accident?
Document the scene, take photos or video of the hazard, collect witness information, notify the property owner, and seek medical attention.
How long do I have to file a premises liability claim?
Indiana’s statute of limitations for personal injury cases is normally two years, starting from the date of the injury, but can be significantly less depending on whether or not the defendant is a governmental entity.
What evidence do I need to support my claim?
Relevant evidence includes photos, video footage, medical records, witness statements, and proof of damages like hospital bills and lost wages, along with expert testimony.
How much does it cost to hire a premises liability attorney?
Most attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
Take the First Step Toward Justice
Premises liability laws in Indiana are designed to protect visitors and hold property owners accountable for unsafe conditions. Whether you’ve suffered a slip, trip, or fall or a more complex injury like those stemming from inadequate security, understanding your rights is the first step toward getting justice and compensation.
Our experienced team of Indianapolis accident attorneys is here to guide you through every step of the legal process. Contact Craven, Hoover & Blazek, P.C. today for a free consultation with a skilled premises liability attorney who will help you explore your options. We represent clients throughout the state, including Hoosiers injured in other states and visitors to Indiana.
Related Post: Slip and Fall in Indiana? Here’s Why You Need a Retail Store Injury Lawyer