Tag Archives: Premise Liability facts

How Do I Sue a Store for My Injuries?

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After being injured or suffering an accident at a retail store, it is important to learn your rights to compensation and legal protection, regardless of the extent of your damages and losses. Continue reading for a basic review on what you need to know about retail store lawsuits and personal injury claims, including and how to get started on your personal injury claim.

Indianapolis Slip and Fall Lawyers 317-881-2700
Indianapolis Slip and Fall Lawyers 317-881-2700

A Store’s Liability

Retail stores, like all public and private properties, have a duty of reasonable care to keep their environments free of hazards and unsafe conditions. In the case where a retail store neglects to uphold their legal standard of care, and as a result a person is injured on their premises, they could be held legally liable for the victim’s damages and losses and their insurance carrier would be responsible for paying any judgment or settlement on behalf of the retail store.

Under tort law, this legal principle is known as premise liability. The type or extent of liability a retail store can be subjected to really depends on broad spectrum of factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. The law classifies customers and guests as invitees, whether paying or not, therefore under law, all customers are entitled to protection under a reasonable care standard from harm while on the store property.

A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more.  Where the lines are drawn is fact sensitive. Cases of premise liability can involve various types of accidents and injuries. The most common accidents are slip, trip, and fall accidents. Other common types of premise liability accidents include structural hazards, orthopedic injuries, burn injuries, violence and assault, food poisoning, animal attacks, pedestrian accidents, swimming pool accidents, and more.

Retail Store Accident Claims

If you were injured on the property of a retail store as a result of their negligence, you are entitled to certain legal rights, including compensation for your hospital bills, medical expenses, time lost at work, pain, suffering, and much more if caused as a result of the store’s failure to use reasonable care. Your first step to getting your accident claim started is to contact a seasoned personal injury lawyer in Indianapolis for an initial consultation.

During your initial consultation, you will discuss several points of your claim with an experienced attorney who can guide you on the best track toward financial recovery. Since first consultations are free, you do not have to worry about paying anything out of pocket to learn more about your legal rights. See our blog, “What to Bring to a Personal Injury Consultation” for details on how to prepare for your first meeting with an accident lawyer.

Top-Rated Accident Attorneys at Your Service

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Common Slip and Fall Code Violations

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Here in Indiana, all entities and persons are legally required to construct and maintain their properties at a certain level of safety. This means that any place that welcomes the general public, such as office buildings, grocery stores, movie theaters, hotels, public parks, and malls, must take the proper actions, inactions, and precautions to ensure there are not any dangerous conditions on their premises. This legal principle is known as premise liability, and it is what you will want to learn more about in the case that you or someone you love is injured as a result of a municipal code violation.

Code violations are serious, as you have probably heard stories about accidents that happen when something is not “up to code” or within legal standards. One type of accident that tends to occur more often as a result of code violations are slip, trip, and fall accidents. Continue reading to review some of the most common slip and fall code violations seen in personal injury cases, as well as, what to do if you’ve been injured as a result of inadequate building codes in Indianapolis.

Indianapolis Premise Liability Attorneys 317-881-2700
Indianapolis Premise Liability Attorneys 317-881-2700

Indiana Building Code Violations

⚖ Here in Indiana, you can peruse a comprehensive list of building codes by downloading the Indiana Amendments of IBC 13 document.

Common Slip and Fall Code Violations

There are several types of code violations; thousands in fact. But when it comes to slip, trip, and fall accidents, some of the most common violations behind them include:

✒ Missing or broken hand rails on stairs and slopes;
✒ Crumbled, warped, or rotted stairs;
✒ Unleveled curbs;
✒ Insufficient lighting (stairs, sidewalks, streets, etc.);
✒ No security for slick surfaces (slip-resistant mats, wet floors signs, etc.);
✒ Broken or missing downspouts that cause pooled water or ice patches;
✒ Insufficient or incorrect maintenance of elevators and escalators;
✒ Unmarked construction zones;
✒ Unmanaged ice and snow accumulations;
✒ Torn or ripped carpeting;
✒ Grease or chemical spills;

Premise Liability

A premise liability, slip and fall case will depend on several factors. But one of the most influential will be whether or not the property owner knew or should have known about the hazard that caused the accident, and whether or not the hazard was something that should have been reasonably foreseen to cause injury to a person.

For example, a landlord for an apartment building is informed that the lighting in the stairwell has gone out. The landlord fails to replace the light bulbs within a reasonable amount of time, and as a result, an elderly tenant trips and falls down them on their way to their apartment unit, and suffers serious injuries. In this case, the landlord would likely be held responsible for all damages and losses resulting from the tenant’s accident and subsequent injuries. This includes hospital bills, medical expenses, lost wages, pain and suffering, and more.

How to Get Legal Help For Your Slip and Fall Claim

If you or someone you loved was recently injured in a slip and fall accident, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 before the Indiana statute of limitations runs out for your claim. Our Indianapolis slip and fall lawyers work hard to recover full and fair compensation for all injury victims. Contact us today to schedule a free initial consultation with a licensed and experienced premise liability attorney who can help you recover financially from a slip and fall accident.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

How Does the Restatement of Torts Define a Possessor of Land?

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As a personal injury victim that was hurt on someone else’s property, you are likely filled with an endless list of questions about making a claim and your rights to compensation. One of the most frequently asked questions about premise liability cases has to do with liability. Victims and pending defendants alike both want to know who is responsible for the damages and losses that result from such accidents. A good place to start would be to learn about the Restatement of Torts, and how it defines a possessor of land, considering they are the ones typically held accountable in premise liability cases.

Continue reading to learn how The Restatement of Torts defines a possessor of land, and how it can relate to a premise liability case.

Indianapolis Personal Injury Lawyers 317-881-2700
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The American Restatement of Torts

The American Restatement of Torts is a treatise that summarizes the general principles of common law in the United States. Created and issued by the American Law Institute in 1965, the treatise currently has 4 separate volumes. The first two volumes were published in 1965; the third volume was published in 1977, and the last was published in 1979. The volumes pertinent to tort law can be found in the Second Restatements of the Law series.

The American Restatement of Torts defines a possessor of land as:

“(a) A person who is in occupation of the land with intent to control it or

(b) A person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it, or

(c) A person who is entitled to immediate occupation of the land, if no other person is in possession under Clauses (a) and (b).  Risk v. Shilling, 569 N.E.2d 646,647 (Ind. 1991).  (Restatement (Second) of Torts § 328 E (1965).”

What You Really Need to Know

Like most personal injury cases, premise liability cases can range in complexity, so understanding your rights and the best way to protect them is something that is vital to your case. But there is no need to feel stressed or overwhelmed; so long as you have a skilled personal injury lawyer representing your case, you will not need to know all of the complexities of tort law, nor any complicated legal terms and principles.

Trusted Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim. We are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Were You Injured at a Store After Falling on Ice or Snow?

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Premise liability is a staple principle of tort law. If you were recently shopping at a local store that did not take the proper precautions to protect its patrons from falling on snow and ice, or being involved in an accident as a result of neglected snow and ice removal, you could be entitled to certain compensation for your related damages and losses.

Continue reading to learn more about premise liability in Indiana, including how to get started evaluating your potential personal injury case.

Indianapolis Slip and Fall Lawyers 317-881-2700
Indianapolis Slip and Fall Lawyers 317-881-2700

Basics of Premise Liability

Premise liability refers to an area of the law that holds property owners legally responsible for any harm or damages caused to people who are on their premises. For clarity, a property’s “premise” is defined as inside and outside the property, sometimes including sidewalks and access property. Furthermore, factors of premise liability differ depending on whether the injured person was invited onto the property, licensed to enter the property, or trespassed onto the property.

Situations like structural hazards, violence and assault, food poisoning, animal attacks, swimming pool accidents, and bonfires, are general examples of premise liability cases, however, one of the most prevalent types of premise liability cases involve slip and fall accidents. In the case of snow and ice, if a store owner does not properly manage the removal of the accumulation on their premises, it can result in slippery walkways outside, slippery floors inside, obstructed fire escapes, unleveled surfaces, car and pedestrian accidents, and other hazardous conditions.

If a property owner is aware of unsafe conditions or should have been aware, and allows the unsafe conditions to continue by failing to eliminate all hazards, they are putting visitors and customers at risk of being injured. In such cases, if a person is involved in an accident caused by a property owner’s negligence, and as a result of the accident injuries occur, the property owner could be held legally liable for that person’s related damages and losses, such as hospital bills, medical expenses, lost work wages, pain, suffering, and more.

Premise Liability Organizations

Important organizations related to premise liability law in Indiana are the National Association of Insurance Commissioners (NAIC) and the National Center for Injury Prevention and Control (NCIPC). 

Indiana Slip and Fall Attorneys

Slip, trips, and fall cases are some of the most complex, thus requiring the attention of a seasoned personal injury law firm. If you were recently injured after falling on snow, ice, or any other hazard, it is vital that you contact a licensed Indiana slip and fall attorney as soon as possible to learn your rights to compensation.

Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

At the Law Office of Craven, Hoover, and Blazek P.C., we offer free initial consultations to get you started on the right path toward financial recovery. There is no out-of-pocket obligation to pay unless we recover a settlement for you. Call 317-881-2700 to schedule your introductory appointment with a skilled and knowledgeable accident lawyer you can trust.

Can a Property Owner Be Held Liable for Injuries to a Trespassing Child?

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Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

Children are filled with curiosity and liveliness, two highly influential factors to their growth and development. But sometimes curiosity and spirit can initiate boldness, which can get children into trouble; trouble, at the most unfortunate times, being injury or harm. If a child were to trespass onto another person’s property and injure themselves, who would be responsible for their injuries and subsequent losses? Are there are certain laws in place to protect them and their families in this type of situation? Continue reading for answers to these child injury premise liability inquires and more.

Common Principles of Premise Liability

Premise liability is the legal principle that holds property owners, occupiers, and even renters accountable for any injuries or harm sustained by another person on their premises. These cases are ruled by the notion of negligence, and whether or not the owner or occupier demonstrated such negligence that caused unintentional harm to another person. A property owner has a certain duty of care to take reasonable action to maintain safe and hazard-free premises. But if a person trespasses onto anothers property and sustains an injury, the property owner is not liable. In the past, even child trespassers injured on private property were owed no duty of care by the premise owners. Modernly, this is not the case anymore.

The Attractive Nuisance Ordinance

If something is so enticing to a child that it motivates them to enter onto another person’s property, it is considered an attractive nuisance. Things like trampolines, swimming pools, tree houses, ponds, creeks, boat docks, construction equipment, heavy machinery, power tools, holes, wells, tunnels, exotic animals, staircases, junk cars, lumber piles, fire pits, sand dunes, low roof tops, and more are examples of attractive nuisances. Under modern law, property owners must retain a duty of care by keeping safe premises in the case of trespassing children. This is called the attractive nuisance ordinance, and is an exception to premise liability law.

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

Since modern law no longer expects children to understand what it means to trespass, and not appreciate the dangers it could involve, property owners have a special legal responsibility to make sure their premise is safe for kids that might enter their property unexpectedly. Property owners and occupiers are legally obligated to practice this special responsibility if they believe their premises might attract the interest of children, and is accessible by children.

If property owners, occupiers, or renters fail to meet this duty of care, they can be held liable for any injuries sustained on their property to children. Of course, courts also take into consideration a child’s age and intellectual capacity in order to determine whether or not they could understand the potential risk of injury on a person’s property. For example, if a person is digging an open pit in their backyard for a new swimming pool and hangs a sign that says “DANGER DO NOT ENTER”, they can still be held liable if a young child who cannot read enters their property and falls into the pit. On the other end of the spectrum, if a teenager with no mental handicaps enters the same property and sustains injuries, the owners may not be held liable for their damages.

For more details about attractive nuisances, premise liability, and child injury claims, consult a personal injury lawyer for trusted information and advice.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to set up a free initial consultation with a child injury lawyer in Indianapolis, IN today. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in premise liability and child injury cases. We offer free initial consultations and never charge lawyer fees unless we win your settlement. Call 317-881-2700 today for more information about child injury claims and premise liability in Indiana.