Premises liability is the legal concept that holds property owners responsible for injuries that occur on their property. In Indiana, premises liability laws outline the duties of property owners to keep their premises safe and secure for visitors. If someone is injured on someone else’s property due to the owner’s negligence, they may be able to file a personal injury claim to recover damages.
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Duties Of Indiana Property Owners
Indiana law holds property owners to a high standard when it comes to maintaining their premises in a safe condition. Property owners are expected to regularly inspect their property to identify and repair potential hazards that could cause harm to visitors. If there are any hazards that cannot be immediately repaired or removed, property owners must provide adequate warnings to visitors to avoid injury.
Types Of Visitors
When it comes to premises liability cases, there are three categories of visitors recognized in Indiana law. The level of duty a property owner owes to each visitor depends on which category they belong to. The categories are:
Invitees
An invitee is someone who has been invited onto the property for the benefit of the property owner. Examples of invitees include customers in a store or restaurant, tenants in an apartment complex, or guests at a private event. Property owners owe the highest duty of care to invitees and must take reasonable steps to ensure their safety.
Licensees
A licensee is someone who has permission to be on the property, but their presence doesn’t necessarily benefit the property owner. Examples of licensees include social guests, neighbors, or solicitors. Property owners must also take reasonable measures to ensure the safety of licensees, but their duty of care is less than they owe to invitees.
Trespassers
A trespasser is someone who enters a property without permission. Property owners generally don’t owe a duty of care to trespassers but must avoid intentional acts or gross negligence that could cause harm to the trespasser.
Common Premises Liability Claims
Premises liability claims can arise from a wide range of circumstances. Some of the most common types of premises liability claims in Indiana include:
Slip And Fall Accidents
Slip and fall accidents are a leading cause of premises liability claims. Property owners must take reasonable steps to ensure their property is free of hazards that could cause someone to slip, trip, or fall.
Dog Bites
If a property owner has a dog, they must properly restrain and supervise the animal. If a dog attacks and injures someone on the property, the owner may be liable for damages.
Inadequate Security
If a property owner knows or should know that their property is at risk for criminal activity, they must take reasonable steps to ensure visitor safety. Examples could include adding security cameras, providing proper lighting, or installing secure locks.
Filing A Premises Liability Claim
If you’ve been injured on someone else’s property due to the owner’s negligence, you may be entitled to compensation for your damages. To file a premises liability claim in Indiana, you must prove the property owner owed you a duty of care, breached that duty, and that breach was the cause of your injuries. It’s important to contact an experienced personal injury attorney to help you navigate the legal process and maximize your compensation.
Conclusion
Premises liability laws in Indiana are complex, and each case is unique. It’s essential to consult with an experienced personal injury attorney to build a strong case and recover the compensation you deserve. Property owners have a responsibility to keep their premises safe, and victims of negligence deserve justice.