Premises liability refers to the legal responsibility that property owners and occupiers have to ensure the safety of their premises for visitors, guests, or customers. In Indiana, as in most states, this responsibility extends to ensuring that the property is free from hazardous conditions that could potentially cause injury. A premises liability case arises when someone is injured due to unsafe conditions on someone else’s property. In Indiana, actual and constructive notice are two ways to prove that a property owner knew or should have known about a hazard on their property and failed to fix it or warn others about it. Actual notice is where the property owner knew about the hazard because they saw it or were told about it; constructive notice is where the property owner should have known about the hazard because it was obvious or had been there for a sufficient time to where they should know about it. The injured party may pursue a legal claim to seek compensation for their injuries, medical bills, lost wages, and other damages.
Types of Premises Liability Cases in Indiana
Premises liability cases can cover a wide range of accidents and injuries that occur on public or private property. Common types of premises liability cases in Indiana include:
- Slip and Fall Accidents: One of the most common premises liability cases, these accidents often happen due to wet floors, ice, or debris. If a property owner is aware of a hazard but fails to address it or warn visitors, they may be held responsible for injuries resulting from a slip and fall.
- Inadequate Maintenance: Property owners are required to maintain their properties in a safe condition. If a building, parking lot, or other areas are poorly maintained, leading to accidents, the owner may be held responsible. Examples include broken staircases, poorly lit areas, or faulty handrails.
- Dog Bites: In certain cases, a property owner may be held responsible if a dog under their care bites someone. A dog owner in Indiana is required to keep his dog under reasonable care and control even if he is unaware of any dangerous or vicious propensities in the dog.
- Swimming Pool Injuries: Property owners with swimming pools have a responsibility to keep their pool area secure and free from hazards. This includes ensuring there are proper barriers, gates, and safety measures to prevent accidents, especially for children.
The Role of Negligence in Premises Liability Cases
To prevail on a premises liability case in Indiana, the injured party typically must prove that the property owner was negligent. This means demonstrating that the owner failed to exercise reasonable care in maintaining the property or failed to warn visitors about existing hazards. The injured party must establish the following elements:
- Duty of Care: The property owner or occupier has a legal duty to keep the premises reasonably safe.
- Breach of Duty: The property owner failed to meet their duty of care, such as neglecting to fix a dangerous condition or failing to provide adequate warning.
- Causation: The property owner’s breach of duty directly caused the injury.
- Damages: The injured person must have suffered actual harm, such as medical bills, pain and suffering, or lost wages.
Indiana’s Comparative Fault Law
Indiana follows a modified comparative fault rule, meaning that even if the injured person is partially at fault for their own injuries, they may still be able to recover compensation as long as they are not more than 50 percent responsible for the accident. However, the amount of damages they can recover will be reduced by their percentage of fault. In cases against governmental entities, a contributory negligence standard applies. In these cases, the injured person is barred from any recovery if they were negligent whatsoever.
Conclusion
Premises liability cases in Indiana are designed to hold property owners accountable for the safety of their visitors and prevent avoidable accidents. These cases are extremely fact specific, meaning the outcome of each case largely depends on the unique details and circumstances surrounding the incident. If you’ve been injured on someone else’s property due to unsafe conditions, it’s important to consult with an experienced personal injury attorney who can help you understand your rights and pursue the compensation you deserve. Give the experienced Indianapolis personal injury attorneys at Banks & Brower a call today. We are available 24/7/365 at info@banksbrower.com or by phone at 317.526.4630.
