What is the Premises Legal Liability?

Under Indiana law, premises liability necessitates that property owners and occupiers in Kokomo, and the wider Indiana area, ensure that their premises are devoid of foreseeable hazards that could lead to accidents or injuries. 

This responsibility extends not only to the physical condition of the property but also to the activities conducted on the premises. Whether it’s a broken staircase, a slippery floor, or inadequate security leading to an assault, the property owner could be held legally responsible if such conditions result in harm.

Level of Care of Property Owners

However, the level of care that property owners must exercise varies depending on the status of the person visiting the premises:

  • Invitees: These are individuals who are invited onto the property for the benefit of the property owner, like customers in a store. They are owed the highest duty of care.
  • Licensees: Individuals who enter the premises for their own purposes, like social guests. While property owners also owe them a duty of care, it is somewhat less than that owed to invitees.
  • Trespassers: People who entered the property without permission. Even in these cases, property owners owe a certain level of care, especially if they are aware that trespassers frequently enter their property.

The injured party, with the help of a premises liability lawyer, must prove that the property owner knew or should have reasonably known about the hazardous condition and failed to correct it or provide adequate warning.

Is Premises Liability the Same as Negligence?

Proving negligence in these cases requires demonstrating that the owner or manager neglected their responsibility to maintain safe conditions. 

This involves adherence to Indiana Code § 34-51-2-6, which states that the plaintiff must show:

  1. The property owner had a duty of care.
  2. This duty was breached.
  3. The breach resulted in an accident or injury.
  4. The plaintiff suffered damages due to the injury.

Common Types of Premises Liability Cases

Premises liability is an extensive area of law that encompasses a wide range of incidents. Each situation presents unique challenges and necessitates different strategies to ensure the victim receives the justice they deserve. 

Here at Christie Farrell Lee & Bell, we have extensive experience dealing with a variety of premises liability cases in Kokomo, including but not limited to:

  1. Slip and Fall Accidents: These cases often occur when a property owner fails to address hazardous conditions such as wet floors, icy walkways, or uneven surfaces, leading to injuries.
  2. Negligent Security: When a lack of proper security measures leads to an injury or assault on a property, the owner can be held responsible for negligent security.
  3. Construction Site Accidents: If a construction site is not adequately secured, it can lead to severe injuries or fatalities for both workers and unsuspecting passersby.

It’s essential to remember that these are just a few examples of premises liability cases. If you or a loved one has been injured on someone else’s property, it’s crucial to consult with a professional who can help identify if you have a valid claim.

What to Do After an Accident on Someone Else’s Property in Kokomo

If you’re unfortunate enough to experience an accident on another’s property, taking the right steps can bolster your chances of a successful premises liability claim:

  1. Seek immediate medical attention.
  2. Report the incident to the property owner or manager and obtain a written report.
  3. Document the accident scene and your injuries.
  4. Contact an experienced premises liability lawyer.

Then, your lawyer will help you determine who is at fault to present a valid and fair personal injury claim.

Who Is Responsible for an Injury in a Premises Liability Case?

Determining responsibility in a premises liability case involves identifying the party who failed to maintain safe conditions on their property. Typically, this is the property owner or occupier. Under Indiana law, property owners must ensure their premises are free from foreseeable hazards that could lead to accidents or injuries. The specific duty of care they owe varies depending on the visitor’s status, which plays a crucial role in establishing liability.

Visitor Status in Indiana Premises Liability

In Indiana, the duty of care owed by property owners varies based on the visitor’s status. This classification directly influences the level of responsibility the property owner has toward different types of visitors.

Invitees

Invitees are individuals who enter the property for the benefit of the property owner, such as customers in a store. They are owed the highest duty of care. Property owners must regularly inspect the premises, promptly address any hazards, and provide adequate warnings about potential dangers. If an invitee is injured due to the owner’s negligence, the owner can be held liable.

Licensees

Licensees are those who enter the property with the owner’s permission for their own purposes, like social guests. While property owners owe them a duty of care, it is somewhat less stringent than that owed to invitees. Owners must warn licensees of known dangers that are not obvious but are not required to inspect for unknown hazards. If a licensee is injured because the owner failed to provide adequate warnings, the owner may be held responsible.

Trespassers

Trespassers are individuals who enter the property without permission. Even in these cases, property owners owe a certain level of care, particularly if they are aware that trespassers frequently enter their property. They must refrain from willfully causing harm and may need to address hazards that could foreseeably harm children under the attractive nuisance doctrine. If a trespasser is injured due to intentional harm or foreseeable danger, the property owner can be held liable.

Property Owners Are Liable and Must Maintain Their Property

Under Indiana law, property owners are liable for injuries that occur on their premises if they fail to maintain safe conditions. This liability extends to ensuring the physical condition of the property is safe and that activities conducted on the premises do not pose a risk to visitors. For example, if a broken staircase or a slippery floor leads to an injury, the property owner can be held responsible. Similarly, if inadequate security measures result in an assault, the owner may be liable for negligent security.

Premises liability cases in Kokomo can involve a wide range of incidents, from slip and fall accidents to negligent security and construction site injuries. It’s essential to consult with a professional at Christie Farrell Lee & Bell to determine if you have a valid claim. If you or a loved one has been injured on someone else’s property, we invite you to discuss real case results and the validity of your claim in a free consultation.

Proving Negligence in Indiana

To successfully pursue a premises liability claim in Indiana, it is crucial to prove that the property owner or manager was negligent in their duties. This entails demonstrating that the other party failed to maintain safe conditions on their property or failed to provide adequate warnings about potential hazards. 

The legal term for this is ‘breach of duty of care’, and it forms the bedrock of many premises liability claims.

Negligence, as defined under Indiana Code, does not presume liability merely based on the occurrence of an accident. Instead, it necessitates the clear establishment of certain elements. These typically include:

  1. Duty: The property owner or manager had a legal obligation to ensure the safety of the premises.
  2. Breach of duty: The property owner or manager did not meet this obligation.
  3. Causation: This breach of duty directly led to the accident or incident.
  4. Damages: The victim suffered physical injury or financial loss as a direct result of the incident.

Building a compelling premises liability case often involves the collection and presentation of a broad range of evidence. 

This can include photographs of the accident scene that highlight the hazardous conditions, medical reports documenting your injuries and the treatment required, and testimonies from any witnesses who can corroborate your account of the incident.

Hold Property Owners Accountable for their Actions – Request a Free Consultation

Justice is within your grasp. With our team of attorneys, you can hold negligent parties accountable. We are well-versed in Indiana’s premises liability laws and are ready to handle even the most complex cases. 

Request a free consultation today and fight for the justice you deserve.

FAQs Related to Premises Liability Cases in Kokomo

We often encounter certain questions that consistently emerge in local premises liability cases, including:

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

Per Indiana Code § 34-11-2, you have two years from the incident date to file a premises liability lawsuit.

What does Premises Liability ‘Knew or Should Have Known’ Mean?

This refers to the expectation that property owners or managers are aware or should reasonably be aware of any hazardous conditions on their premises.

Our lawyers that handle these types of cases

Kevin P. Farrell

Kevin P. Farrell

Katherine M. Marshall

Katherine M. Marshall