Understanding What Is Considered Premises Liability

Premises liability is a legal concept that typically comes into play in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property. Most personal injury cases are based on negligence, and premises liability cases are no exception. 

In order to win a premises liability case, the injured person must prove that the property owner was negligent with respect to ownership and/or maintenance of the property. And in most cases, negligence means that the property owner failed to use reasonable care in connection with the property.

The Premises Liability Law in Indiana

The Indiana laws state that a person who owns, occupies, or controls premises owes a duty of reasonable care to any person who is on the property and must maintain the property in a reasonably safe condition. If a property owner fails to uphold this duty, they may be held liable for any injuries that occur as a result.

Types of Injuries Related to Premises Liability Cases in Richmond

Premises liability cases can result from a variety of incidents, leading to different types of injuries. Here are some of the most common injuries we claim for our clients in Richmond:

  • Slip and fall accidents: These are some of the most common premises liability cases. They can occur due to wet floors, uneven surfaces, or even poor lighting, causing minor bruises, serious fractures, or even traumatic brain injuries.
  • Injuries from falling objects: Objects can fall from shelves or other high places in stores or other properties, causing minor to catastrophic injuries. 
  • Hazardous materials or conditions: This includes exposure to chemicals, mold, or other hazardous materials.
  • Inadequate security injuries: If a property owner fails to provide adequate security, it can result in injuries from assaults or other criminal activities. This is especially common in apartment buildings, hotels, and parking lots.
  • Swimming pool accidents: Pool owners are responsible for maintaining the safety of their pools. Failure to do so can result in injuries or even drownings.
  • Injuries from dog bites or animal attacks: Pet owners are responsible for controlling their animals. If they fail to do so, they can be held liable for any injuries caused by their pets.

It’s worth mentioning that according to the National Safety Council, falls are the third leading cause of unintentional injury-related deaths. This statistic shows the gravity of premises liability cases and the importance of seeking justice and compensation for surviving victims who deal with economic and physical damages.

Damages You Can Recover in a Premises Liability Case

In a premises liability case, the damages you can recover will depend on the specifics of your case. However, in general, you may be able to recover the following types of damages:

  • Medical expenses: This includes the cost of emergency care, hospitalization, surgery, medication, physical therapy, and any future medical costs related to the injury.
  • Lost wages: If your injury causes you to miss work, you can recover the wages you lost. If your injury affects your ability to work in the future, you can also recover the loss of future earning capacity.
  • Pain and suffering: This refers to the physical pain and emotional distress caused by the injury. It can also include compensation for any permanent disability or disfigurement caused by the accident.
  • Loss of enjoyment of life: If your injury prevents you from enjoying activities you used to enjoy, you can be compensated for this loss.

The compensation you receive can play a crucial role in your recovery process, helping you manage the financial burdens and navigate the path toward healing. 

We understand the importance of securing fair compensation that truly reflects the extent of your losses. 

Our premises liability lawyers at Richmond are committed to meticulously building your case, ensuring all potential damages are accounted for, and advocating fiercely on your behalf to secure the compensation you deserve.  

How to Claim for Compensation with the Help of a Personal Injury Lawyer

Filing a premises liability claim can be a complex process. Here’s how a personal injury lawyer can help:

  1. Case Evaluation: We can evaluate your case to determine if you have a valid premises liability claim.
  2. Evidence Collection: A lawyer can help gather the necessary evidence to prove negligence on the part of the property owner.
  3.  Negotiation with Insurance Companies: Insurance companies often aim to minimize the compensation they pay out. A lawyer can negotiate with the insurance company on your behalf to ensure you get the fair compensation you deserve.
  4. Representation in Court: If a fair settlement cannot be reached, a lawyer can represent you in court. They can present your case in the most compelling way possible to help you secure the best possible outcome.

If you believe you have a case, don’t hesitate in contacting us today to request a free consultation with a personal injury lawyer. We are here to build a strong case and help you get justice through fair compensation to cover your damages.

FAQs about Premises Liability Cases in Richmond

Navigating a premises liability case can be complex. Here are some questions we often hear at our law firm to help you understand the process:

What Type of Liability Is Negligence?

Negligence is a type of liability where a person or entity fails to exercise the level of care that a reasonable person would in the same situation. And in premises liability cases, negligence can occur when a property owner fails to maintain their property in a reasonably safe condition.

What Is the Cause of Action for Premises Liability?

The cause of action for premises liability is typically negligence. This means that the injured party must prove that the property owner failed to use reasonable care in maintaining their property, and this failure resulted in the injury.

Is Premises Liability the Same as Negligence?

Premises liability is a form of negligence. However, not all negligence cases are premises liability cases. Premises liability specifically deals with injuries that occur due to unsafe conditions on someone else’s property.

Our lawyers that handle these types of cases

Kevin P. Farrell

Kevin P. Farrell

Katherine M. Marshall

Katherine M. Marshall