Legal Responsibilities of Property Owners and Home Occupiers

In the state of Indiana, property owners and home occupiers have a legal responsibility to maintain a safe environment for visitors. This obligation is outlined in Indiana Code, which states that property owners must exercise reasonable care to protect invitees, licensees, and even some trespassers from harm.

Under Indiana law, property owners and occupiers must ensure that their premises are free from dangerous conditions and hazards, such as:

Ignoring these responsibilities can have serious consequences. If a property owner or occupier fails to mitigate these hazards, they could be held legally accountable for any injuries incurred by visitors on their premises. 

Thus, understanding your rights and the obligations of property owners is paramount, especially if you find yourself injured due to such negligence. If needed, please contact a Gary slip and fall accident lawyer to discuss your potential case. 

What to Do After an Accident on Another’s Property in Gary

Experiencing an accident on someone else’s property can be a confusing experience, especially if you are not sure who is at fault. And it is important to take the appropriate steps to ensure your safety and protect your legal rights and maximize your possibilities to claim compensation to cover all your damages:

1. Seek Medical Attention and Report the Accident

Your health and well-being should be your top priority, and you must obtain immediate medical attention for any injuries, even if they seem minor at the time. This it’s not only good for your health, as it provides medical records that will help you sustain a personal injury claim. 

Keep records of your medical treatment and expenses, as these will be crucial for your case.

2. Document the Scene

If possible, take photographs or videos of the accident scene, including any hazards that may have contributed to your injuries. This visual evidence can be instrumental in proving the property owner’s negligence.

3. Gather Witness Information

Collect contact information from any witnesses who may have seen the accident. Witness testimony can provide valuable insight into the circumstances surrounding the incident and help corroborate your version of events.

3. Preserve Evidence

Keep any clothing or personal items that were damaged during the accident, as they may serve as evidence in your case. This can include damaged shoes, clothing, or even your personal belongings, like a cell phone or purse.

4. Consult with a Premises Liability Lawyer

Reach out to a premises liability attorney to discuss your legal options and help you negotiate with insurance companies if needed. They can help you determine if you have a valid claim and guide you through the legal process.

At Christie Farrell Lee & Bell, our Gary personal injury attorneys are dedicated to providing comprehensive legal representation to victims of premises liability incidents, ensuring that their rights are protected every step of the way.

Navigating the Premises Liability Lawsuit Process in Indiana

Filing a premises liability lawsuit in Indiana can be a complex process, and it is crucial to understand the necessary steps to protect your rights and make sure you have enough evidence to build a strong case. Here are the key aspects you should be aware of when filing a premises liability lawsuit in Indiana:

Establishing Negligence and Causation

First, you must demonstrate that the property owner or occupier breached their duty of care by failing to maintain a safe environment. 

This may involve proving that they were aware, or should have been aware, of the hazardous conditions that led to your injury. Additionally, you must establish that their negligence directly resulted in your injuries.

Adhering to the Statute of Limitations

Indiana enforces a two-year statute of limitations for personal injury claims, including premises liability cases, as stated in the Indiana Code § 34-11-2-4. This means you must file your lawsuit within two years from the date of the injury. 

Complying with this statutory deadline is key. If the statute of limitations expires, the court can dismiss your claim, eliminating your chance to seek legal compensation for your injuries. 

Understanding and navigating these legal timelines can be complex, particularly when you are focused on recovering from your injuries. 

In this situation, a local personal injury attorney can help ensure all necessary actions are taken promptly, thereby safeguarding your opportunity to pursue fair compensation.

Why Do You Need a Local Lawyer to File a Premises Liability Lawyer?

Consulting with an experienced Gary premises liability lawyer is crucial in ensuring that you successfully navigate the legal process. Your attorney will assist you with the following tasks:

  • Investigating the accident and gathering evidence to support your claim
  • Analyzing the relevant Indiana premises liability laws and codes applicable to your case
  • Negotiating with the property owner’s insurance company on your behalf
  • Filing a lawsuit in the appropriate court, if necessary
  • Representing you in court and advocating for your best interests

Throughout the entire process, your lawyer will work diligently to build a strong case on your behalf, aiming to help you receive the compensation you deserve for your injuries and losses.

Request a Free Consultation and Claim What You Deserve

If you believe you have a premises liability case, it is crucial to seek legal advice as soon as possible. At Christie Farrell Lee & Bell, our team of Gary premises liability attorneys offers free consultations to help you understand your legal rights and options. Contact us today to discuss your case and explore how we can help you secure the compensation you deserve.

Our lawyers that handle these types of cases

Kevin P. Farrell

Kevin P. Farrell

Katherine M. Marshall

Katherine M. Marshall