Indiana Premises Liability Lawyer

Representing injured victims in Indiana

The Langer & Langer team

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
  • 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
  • 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

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

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.

Trespassers

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.

Children and the Attractive Nuisance Doctrine

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.

Premises Liability FAQs

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I was assaulted in the shopping mall parking lot. Who do I sue?

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Are landlords liable for injuries that happen in common areas?

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When are HOAs liable for injuries caused by dangerous property conditions?