Premises Liability Lawyer Indianapolis
Premises liability accidents can occur on commercial or private property, resulting in severe injuries or death. The property owners can be liable for any injuries sustained or death on their property if it is proven that they were responsible for not maintaining their property to meet the minimum safety standards. If you have been involved in such an accident, you should seek assistance from a premises liability attorney.
What Is the Premises Liability Law in Indianapolis?
A premises liability accident is an accident that results in severe injuries or the death of a person visiting another person’s property. In Indiana, all property owners, whether business owners, landlords or homeowners, are required by law to maintain a safe property and take necessary measures against any potential property hazards.
If someone gets injured on someone else’s property, the victim can file a premises liability lawsuit against them due to negligence in maintaining the property.
If the case goes to trial, the court is in charge of establishing the duty of care based on the facts of the case. The court can consider several factors, including whether the proprietor was present on the property at the time of the accident or made visitors aware of the potential hazards before establishing liability.
Premises liability cases are different from general liability cases because if the property owner is aware of potential hazards on the property and does not fix the issue, they can be held liable in court.
Premises liability cases often get complicated because it is not easy to prove liability. Another factor taken into account by the court in premises liability cases is comparative negligence, which means that if the injured person is also at fault for the accident, they may not receive total compensation.
Common Injuries in Premises Liability Cases
The following are some injuries that can be suffered by victims in premises liability cases:
- Injuries from animal attacks.
- Neck or spinal cord injuries.
- Torn muscles or damaged ligaments.
- Electric shocks.
- Burns.
- Respiratory problems from toxic fumes or chemicals.
How Is The Property Owner’s Duty of Care Determined?
Trespassing
A trespasser is an individual who is not allowed on the property. If someone sneaks into the property or unknowingly trespasses, the property owner should avoid intentionally injuring the individual unless there is a case for self-defense. In trespassing cases, the property owner may not be charged with any penalties. It is worth noting that a visitor allowed on the property during business hours would be considered a trespasser when business is closed.
Licensee
A licensee is someone on the property of another person with their permission. For example, a licensee can be someone who provides a service, like a gardener. In this case, the owner should inform the licensee of any potential dangers on the property and make sure they have made all reasonable arrangements and repairs to minimize property hazards.
Invitee
An invitee is any individual who enters the property due to the owner’s request. In this case, the property owner has to locate all potential hazards and fix them before the invitee visits the property or inform the invitee of potential dangers or hazards at the property. If a person is not invited to the property, that person can be considered a trespasser.
What Is an Attractive Nuisance Doctrine in Indiana?
In most states, property owners are not required by law to inform the trespassers of any potential hazards on their property, nor should they keep the property well-maintained and safe for trespassers. However, in Indiana, a law known as the attractive nuisance doctrine holds landlords and property owners accountable if a child sustains an injury on their property. This law protects children that are aged 12 and under.
According to the Attractive Nuisance Doctrine, a property owner is liable in a premises liability case if a trespassing child was drawn to the property due to certain attractions such as a trampoline, swimming pool, treehouse, playscapes, etc. The child may not understand the possible dangers of the attraction.
The owner can be liable in this case if they were aware of the potential risks of the object and that children might trespass. If the owner does not take steps to prevent children from accessing or trespassing on the property, it could result in a child sustaining severe injuries; there can be serious penalties for the property owner.
Types of Premises Liability Cases
Inadequate Security
In premises liability cases involving inadequate security, the owner can be held liable if the guest or the person invited to the property gets assaulted on their premises. For instance, if there is a defective window or a door that won’t lock that allows an intruder to come through, the property owner may be held accountable and liable to pay damages.
Slip and Fall
Slip and fall is the most common type of premises liability claim. Such injuries could be a result of defective stairs, broken railings, or other types of safety hazards on the property. Slip and fall accidents can also occur on slippery floors or ground, which the homeowner fails to keep clean or well-maintained. Common injuries from slip and fall accidents include broken bones, bruises, brain injuries, and spinal cord injuries.
Construction Defects
If the property requires repairs and the homeowner fails to repair it before allowing a person onto the property, the person might get injured due to this negligence. Construction defects can be adequate grounds for a premises liability case because they can result in severe injuries or permanent disability of the injured person.
A Premises Liability Lawyer in Indianapolis Can Help You
In premises liability cases, the court will consider several factors, such as whether the owner had a reasonable amount of time to fix the potential hazard on the property and how much fault can be attributed to the owner. Having the assistance of an experienced premises liability lawyer in Indianapolis can help you obtain a favorable verdict from the court or get a fair and complete settlement for your suffering. If you are looking for legal assistance in Indianapolis, IN, you are welcome to contact our expert attorneys at Riley Cate, LLC. For commercial premises liability cases, you might be up against large commercial enterprises, who will put up a strong defense for their case. An experienced Indianapolis injury lawyer can help you navigate each step of the legal proceedings.