Understanding the Premises Liability Law in Indiana

Before presenting a claim for a personal injury case related to premises liability, it’s important to consider the fault and responsibilities of the parties involved to prove negligence in court. Moreover, according to the role you had when the accident happened. 

The Legal Obligation of Property Owners and Occupiers

In Indiana, it is the responsibility of property owners and home occupiers to provide a safe environment for visitors. This requirement is specified in the Indiana Code, mandating property owners to exercise due care in protecting invitees, licensees, and some trespassers from potential injuries.

Visitor Categories and Their Rights

There are different categories of visitors that property owners are legally obligated to protect. Each category has varying levels of protection under Indiana premises liability law:

Invitees

Property owners have the highest duty of care for invitees, requiring them to take reasonable steps to ensure the safety of the premises, address hazards, and provide adequate warnings for any known dangers.

Invitees are individuals who enter a property with the owner’s permission and for the mutual benefit of both parties. This may include customers in a store or a contractor hired to perform work on the property. 

Licensees

Licensees enter a property with the owner’s permission but for their own benefit or pleasure, such as a guest at a social gathering. Property owners owe licensees a lesser duty of care compared to invitees. However, they must still take reasonable precautions to fix known hazards or provide warnings for dangers that may not be obvious to the licensee.

Trespassers

Trespassers are individuals who enter a property without permission or lawful authority. Although property owners have the lowest duty of care toward trespassers, they are still required to refrain from causing willful or wanton harm. 

In some cases, property owners must also protect child trespassers from certain hazards, such as an unsecured swimming pool, which may be considered an “attractive nuisance.”

Determining if You Have a Case in Lafayette 

Regardless of the role you had when the accident took place on someone else’s property, you can gather the evidence you have and evaluate your possibilities to present a claim to compensate your damages. 

In this process, there are involved a lot of factors and it’s better to have a team of premises liability lawyers who can help you navigate this situation. 

When a client comes to Christie Farrell Lee & Bell, we hear the whole story and provide professional and honest guidance to help them decide if their situation is suitable for a personal injury lawsuit.

Proving Negligence and Causation

To establish a premises liability case in Indiana, you must demonstrate that the property owner or occupier failed to uphold their duty of care by neglecting to provide a safe environment. This could involve proving that they were or should have been aware of the hazardous conditions that resulted in your injury. 

Furthermore, you must establish that this negligence directly caused your injuries.

Dangerous Conditions Related to Premises Liability Cases

Property owners and occupiers must ensure that their premises are free from dangerous conditions and hazards, such as:

Failure to address these hazards can result in the property owner or occupier being held liable for injuries sustained by visitors.

Compensation You Can Seek in a Premises Liability Case

If you have been injured on someone else’s property due to their negligence, you may be entitled to compensation for your losses. A premises liability lawyer can help you understand the types of damages you can pursue and calculate a fair amount of compensation to pursue a successful claim. 

The recoverable losses in a premises liability case may include:

Economic Damages

These damages are intended to compensate you for the financial expenses incurred due to the accident. Economic damages in a premises liability case can cover medical bills, rehabilitation costs, lost income, and any other out-of-pocket expenses related to your injury.

Non-Economic Damages

Non-economic damages address the intangible losses you may have suffered as a result of your injury. This can include pain and suffering, emotional distress, loss of enjoyment of life, and any other non-monetary harm you have experienced due to the accident.

Future Damages

In some cases, your injuries may have long-term consequences, affecting your ability to work and maintain your quality of life. Future damages can help account for ongoing medical treatment, future lost earnings, and any other anticipated expenses related to your injury.

Assisting You in Pursuing Fair Compensation in Lafayette

With an in-depth understanding of Indiana’s premises liability laws, we are prepared to guide you through the legal process with diligence and compassion.

We’ll begin by thoroughly investigating your case, gathering crucial evidence, and building a strong argument on your behalf. Our attorneys will negotiate with the responsible party’s insurance company and, if necessary, represent you in court to ensure that your rights are protected and your best interests are served. Let us be your steadfast advocates in your pursuit of fair compensation.

Contact us today and request a free consultation.

FAQs About Premises Liability Cases in Lafayette

Here are some of the most frequent questions we hear from our clients who pursue a claim for a premise liability case:

What is Comparative Fault?

In Indiana, our state follows a modified comparative fault rule. That means if the injured party is found to be 51% or more at fault for their own injuries, they cannot recover damages. If they are 50% or less at fault, their recovery will be reduced by their percentage of fault.

What is the Statute of Limitations on Premises Liability in Indiana?

In Indiana, the statute of limitations for premises liability claims is generally two years from the date of the accident. However, certain circumstances may alter this timeframe. It’s always recommended to consult with an attorney to understand the specifics of your case.

What is the Slip-And-Fall Law in Indiana?

The slip and fall law in Indiana falls under premises liability. Property owners are required to maintain a safe environment and address hazards that could cause slips and falls. 

Therefore, if a property owner or occupier fails to uphold this responsibility, they could be held liable for any resulting injuries.

Our lawyers that handle these types of cases

Kevin P. Farrell

Kevin P. Farrell

Katherine M. Marshall

Katherine M. Marshall