If you have been injured on someone’s property, you could have a premises liability case. However, you will have to prove that the accident was a result of the property owner’s fault or negligence. The losses or injuries you suffered have to be the direct fault or negligence of the responsible party, such as the property owner or caretaker. To learn more about premises liability, please carry on reading.
What Is a Premises Liability Case?
A premises liability case involves accidents and injuries that occur at a property. This includes apartments, homes, retail stores, factories, parking lots, and offices. The owner or caretaker of the property has the legal responsibility to offer a reasonably safe environment to occupants or visitors to the property.
An accident that is caused by the negligence or wrongdoing of the property owner or operator can be considered a premises liability case. For example, if a visitor to a retail store suffers a slip and fall accident due to a wet floor, then the victim who suffered injuries can sue the owner of the property. Other parties, such as cleaning companies or maintenance providers for the property, can also be held responsible for the injuries. A premises liability case can include dog bites, swimming pool accidents, exposure to toxic fumes, negligent security, elevator malfunction, or falling objects.
Indiana Law for Premises Liability Case
In the state of Indiana, a premises liability case follows the laws of comparative fault. This means that you can only pursue the case if you are less than 50% responsible for your injury. In other words, you need to prove that you are 50% or less liable for the damages you sustained as a result of the accident. In addition, the compensation for the plaintiff is reduced in proportion to their fault.
Who can File a Premises Liability Case?
A premises liability case typically falls under three categories – invitee, licensee, or trespasser. An invitee is a person who has been invited onto the premises. The host or owner of the property has the responsibility to act reasonably to keep the invitee safe while they are on their property.
A licensee is a person who has permission to be on the premises, but they are on the property for their own benefit. For example, an unsolicited door-to-door salesman or a neighbor dropping by will be considered a licensee. The property owners have a lesser duty to licensees, but they can still be held responsible for injuries suffered by licensees.
The third category is a trespasser, who is someone who has entered the premises without the owner’s consent. Property owners have very little duty of care to trespassers. However, there are cases where trespassers can seek compensation for injuries suffered on the property. They will have to prove willful negligence or misconduct of the property owner to recover compensation.
Do you want to learn more about premises liability cases? You can schedule a consultation with us at the law offices of Wagner Reese. A premises liability lawyer from our Indiana injury law firm can assess the facts of your case to determine if your case qualifies as a premises liability case. We can also help you determine what compensation you deserve for your damages and how you can proceed to recover this amount.