Property owners are required to maintain their land and fix any hazards on site. When a land owner fails to fix hazards on their land and a visitor sustains a serious injury, the property owner could be held liable. The injured party may be eligible to seek damages following an accident. These damages include compensatory damages for any bills you sustained as a result of the injury as well as general damages for the pain and suffering you sustained. It is best to speak to an Indianapolis lawyer with experience in premises liability matters, who can investigate the accident and help you prove the property owner’s negligence. Speak to a knowledgeable personal injury attorney to learn about what to do next following an injury on another’s property.
What is Premises Liability Law?
Premises liability law holds property owners and/or property managers accountable for the properties they oversee. Anyone who is hurt on another’s property can file a lawsuit for damages. The owners must keep the property in good condition. This could include removing ice and snow in the winter, filling potholes, repairing damaged concrete, installing handrails on stairs, maintaining decks, and replacing damaged flooring. The property owner has a duty to protect every visitor to ensure that accidents and injuries do not occur. If the property owner and/or property manager breaches this duty, then they are liable for the damages you incurred.
Who is Responsible for the Property?
While it is easy to blame the property owner for an accident or injury, there are a few things to consider. First, private homeowners and building owners are responsible for their facilities. Second, large property corporations might have tenants who occupy their units. The owner of the property is only responsible for the common areas and repairs for which they are responsible under their lease.
Guests or visitors could be injured, and they have a right to seek damages just like a tenant or worker. Skilled professionals working on the property could be injured on the property, and they may seek damages for their injuries. In rare cases, the tenant may be responsible. The property owner cannot possibly be expected to prevent the tenant from, for example, placing a rubber threshold cover at the front door that trips everyone.
If a large corporation owns a property such as an apartment complex, they often use a management company to handle the day-to-day operation of the facility. When the management company fails to uphold its duty of care for its tenants or residents, the management company can be sued for damages.
It is important to note that maintenance and repair crews that complete their work improperly can be held accountable for accidents because they led the owner or manager to believe the problem was solved.
If you have been injured on another’s property, please reach out to an attorney who is experienced in premise liability matters to determine who might be liable.
What Type of Compensation is Available?
When someone is injured in a premises liability accident, they may recover damages with the aid of an Indianapolis premises liability lawyer. Damages recovered in these lawsuits generally include:
- Medical expenses
- Future medical costs, including surgeries and prescriptions
- Lost income
- Lost potential to earn an income
- Pain and suffering
- Emotional distress
The Deadline to File a Claim
The damages an attorney plans to recover will depend on a consultation with medical experts, reviewing medical records, and statements from the victim. While this process can yield impressive amounts of evidence, Indiana Code 34-11-2-4 only gives victims two years to file a lawsuit to recover personal injury damages.
Seek Help from an Indianapolis Premises Liability Attorney
If you were hurt on another’s property, reach out to our offices for a consultation with an Indianapolis premises liability lawyer. Taking swift legal action can help you get back to your life and help you avoid the mounting expenses that often accompany these types of accidents. Call today to schedule a consultation.