How to Determine Negligence in Indiana?

Determining negligence in premises liability cases involves establishing that the property owner or occupier failed to exercise reasonable care in maintaining their property, which resulted in injury or harm to the plaintiff. 

To do determine negligence, the following elements must typically be proven:

  1. Duty of care: Owners or property occupiers had a legal duty to exercise reasonable care in maintaining their property and ensuring it is safe for visitors or guests.
  2. Breach of duty: The responsible party breached their duty of care by failing to address known hazards or dangers on their property or by failing to warn visitors or guests of such hazards.
  3. Causation: The breach of duty by the property owner or occupier directly caused the plaintiff’s injuries or damages.
  4. Damages: The plaintiff suffered actual damages, such as physical injuries, emotional distress, or financial losses, as a result of the breach of duty.

It’s important to note that the state follows the comparative fault rule, which means that the plaintiff’s own negligence may also be taken into consideration when determining liability and damages. If the plaintiff is found to be partially at fault for their injuries, their damages may be reduced by the percentage of fault assigned to them.

So victims of an injury on someone else’s property in South Bend due to the negligence of the owner or occupier may have a premises liability case. 

Do You Have a Case?

If you have been injured on someone else’s property in South Bend, you may have a premises liability case if you can establish that the property owner or occupier was negligent in maintaining their property. 

Premises liability cases can arise from various situations, including slip and fall accidents, inadequate security, dog bites, swimming pool accidents, and many others. If you have suffered injuries due to unsafe conditions on someone else’s property, it’s important to consult with an experienced premises liability lawyer to evaluate your case and determine if you have a case.

Recoverable Damages You Can Claim in a Premises Liability Case

You may be entitled to various types of damages, depending on the circumstances of your case, including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Punitive damages

The specific types and amounts of damages that may be recoverable in a premises liability case will depend on the unique circumstances of your case, including the severity of your injuries, the impact of the injuries on your life and livelihood, and the applicable Indiana laws and statutes.

Request a Free Consultation with a South Bend Premises Liability Lawyer

At our law firm, we understand the challenges of premises liability law in Indiana and we are committed to providing personalized and effective legal representation to injured individuals.

If you believe you have a premises liability case, we offer a free consultation to discuss the details of your case and evaluate your legal options, and our premises liability lawyers will carefully review the facts of your case, gather evidence, and work diligently to build a strong case on your behalf.

During the consultation, we will provide you with expert guidance, and answer any questions you may have about the legal process, your rights, and the potential outcomes of your case. 

Frequently Asked Questions About Premises Liability Cases in South Bend

We often receive questions from clients regarding the legal aspects of their lawsuits, and here are some frequently asked questions about premises liability cases in the area:

What is the premises liability law in Indiana?

Premises liability law holds property owners or occupiers responsible for maintaining their premises in a safe condition and protecting visitors from potential hazards. Under Indiana Code § 34-51-2-7, the duty of care varies depending on the status of the visitor, who can be an invitee, licensee, or trespasser according to the situation.

What is the statute of limitations on premises liability?

The statute of limitations for premises liability cases is generally two years from the date of the incident, as per Indiana Code § 34-11-2-4. This means that you must file a lawsuit against the responsible party within two years from the date of your injury, or you may lose your right to seek compensation for your damages.

What is the minimum amount of liability coverage required by Indiana law?

In Indiana, property owners or occupiers are not required to carry liability insurance coverage. However, if they do have liability insurance, the minimum amount of coverage required by Indiana law depends on the type of property and its use. 

Do limitations of liability hold up in court?

Limitations of liability are often included in contracts or agreements related to premises liability incidents, such as lease agreements, waivers, or release of liability forms. 

These limitations of liability may attempt to limit or eliminate the liability of the property owner or occupier for injuries that occur on their property. However, it’s important to note that limitations of liability may not always hold up in court, and their enforceability depends on various factors, including the specific language used in the contract, the circumstances of the incident, and the applicable laws and statutes.

Our lawyers that handle these types of cases

Kyle L. Christie

Kyle L. Christie

Katherine M. Marshall

Katherine M. Marshall