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Indiana Premises Liability Attorney

Representing injured victims in Indiana

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Our Premises Liability Lawyers Hold Owners Accountable for Unsafe Conditions

What Is Premises Liability?

Common Accidents Our Indiana Premises Liability Lawyers See

Injuries Caused by Premises Liability Accidents

How Property Owners Can Be Negligent

There are various ways that property owners and managers can be negligent in maintaining safe conditions on their properties. While most property hazards are connected to material defects, or inadequate repair or maintenance, others involve owners who are negligent in preventing harmful acts. Examples of dangerous property conditions involving negligence include:
  •  Broken or missing fencing around a swimming pool
  •  Improper warnings or markings in construction sites
  •  Lack of fencing around or covering a hole in the ground
  •  Lack of security officers in areas where assaults are common
  •  Non-working security cameras in isolated parking lots or walkways
  •  No warning for an uneven sidewalk or unexpected step
  •  No warning sign for a wet floor

Duty Owed to Licensees, Invitees, and Trespassers

The level of care a property owner, manager, or operator must exercise sometimes depends on the reason the person has entered the premises. If you were injured on someone else’s property, your premises liability lawyer might consider whether you were an invitee, a licensee, or a trespasser when determining whether you have a viable injury claim.

Invitees are owed the highest duty of care from the property owner. If an invitee is injured, property owners/occupiers can be held liable if they knew about, or reasonably should have known about an unsafe condition had they taken reasonable care to inspect the premises, and they did not remedy the danger.
Licensees may be able to recover compensation for injuries caused by dangerous property conditions if the owner/occupier knew about the hazard and failed to warn them of its existence. You are a licensee if you were invited onto the property as a social guest.
Property owners/occupiers are not generally liable for injuries to trespassers on their premises because trespassers are not legally on the grounds. They are prohibited from intentionally causing harm to trespassers, by setting traps or creating hazards, however. Additionally, property owners must warn trespassers they know to be on their properties that dangers exist.

Under the attractive nuisance doctrine, property owners can be held liable for injuries caused to a child trespasser if the owner maintains or creates an unsafe condition that may attract young children. If the burden to eliminate the danger was small in comparison to the risk it posed to children, but the owner failed to eliminate the danger, he or she can be sued for damages. Consulting a knowledgeable personal injury lawyer can help you understand how this doctrine may apply to your case.

Premises Liability FAQs

If you were assaulted in a shopping mall parking lot, you may have the right to sue the mall or property owner if their failure to provide adequate security contributed to your injury. Additionally, the security company could be held liable if its officers did not properly protect you. An experienced attorney can evaluate your case and identify all liable parties to help you pursue the compensation you deserve.

Yes, landlords can be responsible for injuries that happen in shared areas—like hallways, stairwells, gyms, pools, or parking lots—if dangerous conditions or neglect contributed to the accident. To hold a landlord liable, it must be shown that they controlled the area, failed to properly maintain it, and that their negligence directly caused the injury.

Homeowners Associations may be able to be held liable for injuries that happen in areas they are required to maintain. These may include, but are not limited to: swimming areas, workout rooms, community buildings, and playgrounds.

Premises liability is the legal responsibility of property owners and occupiers to maintain a safe environment. If someone is injured on their property due to unsafe or negligent conditions, the owner may be held accountable. To have a valid claim, there must be a dangerous condition, the owner must have been negligent in maintaining or addressing it, and this negligence must have directly caused the visitor’s injury.

Another term for premises liability is property liability or occupiers’ liability, which refers to a property owner’s responsibility to prevent injuries on their premises. While “slip and fall” is often used in everyday conversation, it is actually just one type of incident that falls under the broader category of premises liability.

The key elements of a premises liability case are duty of care, breach, causation, and damages. Property owners must maintain a safe environment, and a breach occurs when they fail to address hazards. Liability is established when the unsafe condition directly causes injury and the injured person suffers harm, whether physical, financial, or emotional.

Premises liability holds property owners responsible for injuries caused by unsafe conditions on their property, while personal liability covers harm resulting from an individual’s negligent actions, no matter where it occurs. For example, a slip-and-fall on a wet floor is premises liability, whereas a car accident caused by texting is personal liability.

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