When you visit a store, a friend’s home, or even a public park, you expect the property to be reasonably safe. Unfortunately, accidents can happen when property owners fail to maintain their premises, leading to serious injuries. If you’ve been hurt on someone else’s property, you may feel overwhelmed and unsure of what to do next. Understanding Indiana premises liability laws is the first step toward protecting your rights and seeking the compensation you deserve.
This guide will walk you through the key aspects of premises liability in Indiana. You will learn about the legal duties’ property owners have, the types of accidents covered, and the crucial steps to take after an injury. By the end, you will have a clear understanding of how an Indiana premises liability lawyer can help you navigate this complex legal area and fight for justice on your behalf.
Duty of Care: What Property Owners Owe Visitors
In Indiana, the legal responsibility of a property owner, known as the duty of care, depends on the visitor’s status. The law categorizes visitors into three types, each owed a different level of care.
Invitees
An invitee is someone invited onto a property for the owner’s benefit, typically for a commercial purpose. Customers in a grocery store, clients in an office, or guests at a hotel are all considered invitees. Property owners owe the highest duty of care to invitees. They must:
- Regularly inspect the property for hidden dangers.
- Repair any known hazards in a timely manner.
- Warn visitors of any dangers that cannot be immediately fixed.
For example, if a grocery store has a leaking freezer that creates a puddle on the floor, the store has a duty to clean it up promptly and place a warning sign to prevent a slip and fall accident.
Licensees
A licensee is a person who is on the property with the owner’s permission but for their own purposes, not for the owner’s commercial benefit. Social guests at a party, a friend visiting your home or a local charity car wash on a property are examples of licensees. The duty of care owed to a licensee is lower than that for an invitee. Property owners must warn licensees of any known dangers, but they are not required to actively inspect the property for unknown hazards.
Trespassers
A trespasser enters a property without any legal right or permission from the owner. Generally, property owners owe no duty of care to adult trespassers, except to refrain from intentionally or recklessly harming them. However, there is a significant exception for children. Under the “attractive nuisance” doctrine, property owners must take reasonable steps to protect children from harm if they have something on their property that might attract them, like an unfenced swimming pool.
Common Accidents Covered Under Premises Liability
Premises liability law covers a wide range of incidents that can occur due to a property owner’s negligence. “Negligence” is the failure to use reasonable care to prevent harm to others. Here are some common, hypothetical examples of a premises liability accident:
- Slip and Fall in a Grocery Store: A customer slips on a wet floor near a leaking freezer. The store can be liable because it failed to place warning signs or address the spill.
- Negligent Security in an Apartment Complex: A tenant is assaulted in a poorly lit parking garage with broken security gates. The property management company could be held responsible for failing to provide adequate security.
- Swimming Pool Accident: A child is injured at a hotel pool that lacked proper supervision, fencing, or safety equipment.
- Injuries at a Construction Site: A pedestrian is hit by falling debris from a construction site that was not properly secured.
- Dog Bite on Private Property: A visitor is bitten by a dog that the owner failed to restrain or warn about.
If you have been injured in a similar situation, you may have grounds for a premises liability lawsuit.
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Steps to Take After a Premises Liability Accident
What you do immediately following an accident can significantly impact your ability to file a successful claim.
- Seek Medical Attention: Your health is the top priority. See a doctor right away, even if your injuries seem relatively minor. This creates a medical record linking the accident to your injuries and makes sure you receive proper medical care.
- Report the Incident: Inform the property owner and/or manager and/or an employee about the accident as soon as possible. Make sure an incident report is filled out and ask for a copy of the written incident report.
- Document Everything: Take photos and videos of the accident scene, including the hazard that caused your injury (e.g., the wet floor, broken stair, or poor lighting). Also, photograph your injuries.
- Gather Witness Information: If anyone saw the incident or was there after the incident, get their names and contact information. Their testimony can be valuable evidence.
- Preserve Evidence: Keep the shoes and clothing you were wearing at the time of the accident in a safe place. Do not wash them.
- Avoid Speaking to Insurance Adjusters: Do not give a recorded statement or accept a settlement offer from the property owner’s insurance company without first consulting an attorney.
- Contact a Premises Liability Lawyer: Experienced Indiana injury lawyers can protect your rights and guide you through the legal process. Do this quickly, before evidence disappears and time runs out on your claim.
How an Indiana Premises liability Lawyer Can Help
Navigating a premises liability lawsuit on your own can be challenging and a mistake can be the difference between winning and losing. An experienced premises liability attorney provides crucial support by:
- Investigating Your Case: They will gather all necessary evidence, including photos, incident reports, medical records, and witness statements.
- Determining Liability: Your lawyer will identify the at-fault party and prove that their negligence caused your injuries.
- Calculating Your Damages: They will assess the full extent of your losses, including medical bills, lost wages, and pain and suffering.
- Negotiating with Insurance Companies: Attorneys are skilled negotiators who can handle all communications with insurance adjusters to fight for a full and fair settlement.
- Representing You in Court: If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial and advocate for you in front of a judge and jury.
Compensation Available in Premises Liability Cases
If you win your premises liability case, you may be entitled to compensation for various damages, including, but not limited to:
- Medical Expenses: Coverage for past and future medical treatment, including hospital stays, surgery, physical therapy, and medication.
- Lost Wages: Reimbursement for the income you lost while unable to work.
- Loss of Earning Capacity: Compensation if your injuries prevent you from returning to your previous job or earning the same level of income.
- Pain and Suffering: Damages for the physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life: Compensation for the inability to participate in activities you once enjoyed.
Frequently Asked Questions
What types of evidence are important in a premises liability case?
Key evidence includes photographs and videos of the accident scene and your injuries, incident reports, medical records, witness statements, and any surveillance footage that may have captured the event and what led to the defect in the premises being there.
How long do I have to file a premises liability claim in Indiana?
In Indiana, the statute of limitations for personal injury cases, including premises liability, is generally two years from the date of the injury. It is crucial to act quickly to ensure you do not miss this deadline. Some claims must be made within 6 months.
What should I do immediately after a slip and fall accident on someone else’s property?
First, seek medical attention. Then, report the incident to the property owner or manager, document the scene with photos or video, get contact information from any witnesses, and consult with a lawyer before speaking to insurance companies.
Can I still recover damages if I was partially at fault for the accident?
Yes. Indiana follows a modified comparative negligence rule. This means you can still recover damages as long as you are not found to be 51% or more at fault for the accident. However, your recovery will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found to be 20% at fault, your award will be reduced to $80,000.
What costs are involved in hiring a premises liability lawyer?
Most premises liability attorneys work on a contingency fee basis. This means you do not pay any attorney fees unless they win your case. Their fee is typically a percentage of the final settlement or award.
PROTECTING YOUR RIGHTS AND SEEKING JUSTICE
Being injured on someone else’s property can be a traumatic experience with lasting physical, emotional, and financial consequences. You do not have to face this challenge alone. By understanding your rights under Indiana premises liability laws and seeking help from a qualified attorney, you can hold negligent property owners accountable and secure the compensation needed to move forward with your life.
If you or a loved one has been injured in a premises liability accident, taking decisive action is the best way to protect your future. Discuss your case with us today to learn how we can help you on the path to recovery and justice. Initial consultations are free.
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