What is Premises Legal Liability?

Premises liability encloses the legal principles that hold property owners and occupiers accountable when an individual suffers injury or harm due to unsafe or defective conditions on the owner’s premises. This legal concept applies to both commercial and residential properties and includes a wide array of incidents. 

From slip-and-fall accidents on icy sidewalks or wet grocery store floors to accidents involving faulty elevators or inadequate security measures, the scope of premises liability is extensive and varied. 

The duty of care a property owner owes to those entering their property is of vital importance, and neglecting this duty can result in serious implications.

Is Premises Liability the Same as Negligence?

While premises liability and negligence are intimately linked, they are not the exact same thing. Negligence forms the bedrock of premises liability claims, with the latter being a subset of the former. 

Essentially, negligence occurs when an individual or entity fails to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. 

It revolves around the fundamental principle that people must exercise reasonable care when they act, by taking account of the potential harm that they might foreseeably cause to others.

When it comes to premises liability, the concept of negligence translates to a property owner’s duty of care toward those who enter their property. If a property owner is negligent in maintaining their property and someone is injured as a result, the owner can be held responsible under the premises liability doctrine. 

Type of Injuries Related to Premises Liability in Lawrenceburg

The nature of premises liability injuries can vary widely based on the specific circumstances of an accident. They can range from minor to severe, and in some cases, they may result in long-term disability or even death. 

Some common injuries that can result from premises liability incidents include, but are not limited to:

  • Slip and fall injuries, such as fractures, sprains, and strains
  • Head and brain injuries, including traumatic brain injury (TBI)
  • Spinal cord injuries and paralysis
  • Injuries from being struck by falling objects
  • Cuts, lacerations, and puncture wounds
  • Burns and electrocution injuries
  • Drowning or near-drowning incidents in unsafe swimming pools

Each of these injuries can lead to significant medical expenses, lost wages, pain and suffering, and other losses. Furthermore, they can have a lasting impact on the life of the victim, potentially limiting their ability to work or perform daily activities, causing emotional distress, and lowering their overall quality of life. 

As personal injury lawyers, we understand the challenges that premises liability victims face. We’re dedicated to ensuring they receive the care and compensation they deserve. 

In our experience, no two cases are exactly alike, which is why we approach each client’s situation with a fresh perspective and approach. Our aim is not just to represent you legally, but to support you on your road to recovery.

What Are the Indiana Laws on Premises Liability?

To understand premises liability laws, it’s important to determine the status of the person injured.

Under Indiana law, the status of the person injured on the property is crucial in defining the landowner’s duty of care and resultant liability. 

Visitors are generally classified as invitees, licensees, or trespassers, and this changes the whole perspective about responsibilities in these cases.

  • Invitees are those who enter the property for the owner’s benefit, such as customers in a store. The highest duty of care is owed to invitees, with property owners being required to maintain safe conditions and warn of any known dangers.
  • Licensees are individuals allowed on the property for their own convenience or benefit, like social guests. The owner is expected to warn them of any known hazards but isn’t necessarily required to inspect and maintain the property to the same extent as with invitees.
  • Trespassers, who enter without permission, are owed the least duty of care. In general, property owners are only obligated not to intentionally harm trespassers.

It’s important to mention that Indiana follows a modified comparative negligence rule, meaning if the injured party is found to be 50% or more at fault, they may be barred from recovering some damages.

Holding Responsible Parties Accountable in Lawrenceburg

In order to hold a property owner accountable in a premises liability claim, it’s necessary to prove that they were negligent and that their negligence directly caused your injury. This usually involves establishing that:

  • The property owner owed you a duty of care.
  • The property owner breached this duty by failing to maintain safe conditions or warn you about known dangers.
  • You were injured as a result.
  • You suffered damages due to the injury.

Proving these elements typically requires substantial evidence, which can include photographs of the unsafe condition, eyewitness testimony, medical records documenting your injuries, and expert opinions that establish a link between the property owner’s negligence and your injury.

Yet, piecing together these elements and presenting a persuasive claim can be a daunting task, particularly when you’re already struggling with the physical and emotional fallout from an injury. That’s where the expertise of a premises liability lawyer becomes invaluable to sustain a strong case.

Visitor Status in Indiana Premises Liability

The classification of an injured party—whether they are an invitee, licensee, or trespasser—directly influences the duty of care owed by the property owner and ultimately determines the legal strategy we employ to secure the best possible outcome for our clients.

At Christie Farrell Lee & Bell, we meticulously analyze the status of visitors to build a compelling premises liability case. Our comprehensive approach ensures that every detail is considered, from initial investigations to gathering robust evidence, allowing us to effectively advocate for our clients’ rights and achieve the justice they deserve.

Invitees

Invitees are individuals who enter a property for the benefit of the owner, such as customers in a store or clients in an office. Indiana law mandates that property owners owe the highest duty of care to invitees. This involves routine inspections of the property, immediate repairs of any hazardous conditions, and clear warnings about potential dangers.

When property owners act negligently, we gather evidence such as maintenance records, surveillance footage, and witness testimonies to demonstrate that the property owner failed in their duty of care. Our team uses this evidence to construct a strong case that clearly shows how the owner’s negligence directly led to the injury, ensuring that our clients receive the compensation they deserve.

Licensees

Licensees are those who enter a property with the owner’s consent for their own purposes, like social guests. The duty of care owed to licensees is less stringent compared to invitees, focusing primarily on warning them about known, non-obvious dangers.

Indiana law specifies that property owners should avoid willful or wanton conduct that could harm licensees. In these cases, we collect evidence to prove that the owner knew of the hazardous condition and failed to provide adequate warnings, thereby breaching their duty of care. This often involves detailed investigations, gathering witness statements, and leveraging expert testimony to illustrate the owner’s negligence.

Trespassers

Trespassers enter a property without permission, and property owners owe them the least duty of care—primarily to refrain from causing intentional harm. However, there are exceptions, particularly concerning child trespassers.

According to Indiana Code § 34-31-11, property owners are required to secure any hazardous conditions that may attract children, under the attractive nuisance doctrine. For these situations, we meticulously examine the details and frequently use expert testimony to show the property owner’s failure to prevent the risks that caused the injury. Our goal is to demonstrate that the property owner’s negligence created an unreasonable risk of harm, ensuring that our clients, especially vulnerable children, receive the justice they deserve.

By understanding the specific duties and legal precedents associated with each visitor’s status, we tailor our approach to maximize your compensation. Whether it involves rigorous investigation, gathering substantial evidence, or enlisting expert witnesses, our goal is to hold negligent property owners accountable.

Get Justice with Our Lawrenceburg Premises Liability Lawyer

As a victim of a premises liability accident, you may be entitled to substantial compensation. This can cover medical expenses, lost wages, pain and suffering, and other damages. However, navigating the legal process can be hard, especially if you are recovering from injuries related to the accident. 

With the help of our team at Christie Farrell Lee & Bell, you don’t have to face this challenge alone. We are committed to fighting for the compensation you deserve, holding negligent parties accountable, and easing your path toward recovery.

Our lawyers that handle these types of cases

Kevin P. FarrellKevin P. Farrell

Katherine M. MarshallKatherine M. Marshall