What is the Premises Liability Law and How Does it Work in Indiana?

Premises liability refers to the legal responsibility of property owners to maintain a safe environment for visitors, guests, or customers who enter their premises. And in the state, premises liability cases are governed by state statutes and laws that outline the duty of care that property owners owe to visitors. 

According to the law, property owners are required to exercise reasonable care to prevent harm to individuals on their premises. This includes maintaining the property in a safe condition, warning of known dangers, and correcting hazardous conditions within a reasonable timeframe.

When someone else’s negligence causes an accident and provokes injuries, you might be entitled to file a lawsuit and claim fair compensation to recover from financial and emotional losses.

Comparative fault in premise liability casesgetting help at a hospital

But it’s worth mentioning that Indiana follows the “comparative fault” rule in premises liability cases, as outlined in Indiana Code 34-51-2. This means that if the injured person is found to have contributed to their injuries through their own negligence, their compensation may be reduced proportionately to their percentage of fault. 

For example, if a visitor to a property was found to be 20% at fault for their slip and fall accident due to not paying attention to warning signs, their compensation may be reduced by 20%.

Do I Have a Premises Liability Case?

In some cases, it’s hard to determine responsibilities and know for sure if claiming for your injuries it’s worth it or not. But if you have been injured on someone else’s property, you may have a premises liability case if you can establish the following elements:

  • Duty of care: The property owner owed you a duty of care to keep the premises safe for visitors.
  • Breach of duty: The property owner breached their duty of care by failing to maintain the premises in a safe condition or by failing to warn you of known dangers.
  • Causation: The breach of duty by the property owner directly caused your injuries.
  • Damages: You have suffered damages, such as medical expenses, lost wages, pain and suffering, and other losses, as a result of the injury.

To determine whether you have a premises liability case, it is essential to consult with an experienced premises liability lawyer who can review the facts of your case and provide you with legal guidance based on Indiana law. 

At Christie Farrell Lee & Bell, we can hear your case, analyze your options, and help you decide how to proceed according to your possibilities.

Types of Accidents Related to Premises Liability Cases in Evansville

Premises liability cases can arise from a wide range of accidents and injuries that occur on someone else’s property. Some common types of injuries related to premises liability cases in Evansville include:

  • Slip and fall accidents: Slippery surfaces, uneven flooring, inadequate lighting, and other hazards can cause slip and fall accidents, resulting in injuries such as fractures, sprains, head injuries, and back injuries.
  • Negligent security: Inadequate security measures, such as lack of surveillance cameras, broken locks, or insufficient lighting, can result in assaults, robberies, or other criminal acts, causing physical injuries and emotional trauma.
  • Dog bites: dog owners have a responsibility to control their pets and prevent them from causing harm to others. If a dog bites you on someone else’s property, you may have a premises liability claim against the dog owner and/or the property owner.
  • Falling objects: Falling objects, such as merchandise, equipment, or debris, can cause serious injuries, including head injuries, fractures, and internal injuries.
  • Construction Sites: These types of premises injuries can happen in a variety of ways. Call our Evansville construction accident lawyer to discuss your case.

 

The Evansville premises liability accident lawyers at Christie Farrell Lee & Bell are committed to helping our clients get justice. Call 317-488-5500 today to get started.

Damages You Can Recover with a Lawsuit

If you have been injured on someone else’s property due to their negligence, you may be entitled to recover damages through a premises liability lawsuit. 

The types of damages that may be available in a premises liability case can include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Disfigurement and disability (you may be entitled to compensation for the physical and emotional impact of these permanent changes to your appearance or ability to function)
  • Loss of consortium

It is important to note that the specific damages available in a premises liability case may vary depending on the facts of your case and the applicable Indiana law. 

A specialized premises liability lawyer in Evansville can help you determine if the negligence of another party led to a premises liability case, and work to maximize the compensation you deserve.

Don’t Settle for Less – We’re Here to Help You Seek Justice

If you have been involved in an accident on someone else’s property, you have the right to seek justice and hold the responsible party accountable for their actions. 

Our attorneys have a deep understanding of Indiana premises liability law and are ready to handle even complex cases. We will thoroughly investigate your case, gather evidence, and work with experts to establish liability and prove the extent of your damages. We will also negotiate with insurance companies and fight aggressively in court if necessary to protect your rights and seek maximum compensation for your injuries.

At Christie Farrell Lee & Bell Law Firm, we believe that you should not have to settle for less than what you deserve. 

We are committed to providing personalized and compassionate legal representation to our clients, and we will always put your best interests first. Contact us to get a free consultation.

Our lawyers that handle these types of cases

Kevin P. Farrell

Kevin P. Farrell

Katherine M. Marshall

Katherine M. Marshall