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 a personal injury lawyer with experience in premises liability who can investigate the accident and help you prove the property owner’s negligence.
Speak to a personal injury attorney in Indianapolis to learn about what to do next following an injury on another person or party’s property.
Premises Liability Law in Indiana Explained
According to Indiana law, if you are injured in an accident caused by unsafe conditions while you are legally on a property, the owner is responsible for any damages or deaths.
Anyone who is hurt on another person or party’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
- 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.
Liable Parties in Indianapolis Premises Liability Claims
While it is easy to blame the property owner for an accident or injury, there are a few things to consider. There may be other stakeholders who are responsible or who share responsibility for the accident that caused your injuries. Some potential at-fault parties include:
Private Homeowners and Building Owners
First, private homeowners and building owners are responsible for their facilities. The owner of the property is only responsible for the common areas and repairs for which they are responsible under their lease. For example, if a hazardous situation occurs and it is not repaired and it leads to a slip and fall injury, the owner may be liable.
Guests, visitors, or skilled professional workers could be injured on a 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.
Corporations and Management Companies
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.
Maintenance or Repair Crews
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. When this happens, the maintenance or repair crew or their employer may be liable or partially liable.
If you have been injured on another party’s property or a loved one suffered a fatal injury in a wrongful death, please reach out to an Indiana premises liability attorney to determine who might be liable. We will identify all potentially liable parties to make sure you get the full compensation you deserve.
How Your Lawyer Will Prove Liability a Premises Liability Injury
To prove liability in a premises liability claim, your lawyer will need to prove that the person who caused your injury owned, rented, leased, or otherwise controlled the property where the accident occurred. We will also need to prove that the owner’s negligence was a substantial factor in causing your injury, which resulted in your damages.
Indianapolis Premises Liability Attorney FAQs
What is the difference between premises liability and personal liability?
Premises liability claims are a type of personal liability claim that can come about due to conditions that exist on a property, as opposed to acts of negligence that take place on the property. These claims are brought against owners and other operators when unsafe conditions on a property cause an injury or death.
One example of the difference between a premises liability claim and a personal injury claim would be an assault. A plaintiff could sue an assailant in a civil claim for compensation for their damages. However, in the case of an assault that took place due to inadequate security on a premises, a claim for premises liability could also be filed against the property’s owner.
Who can file a premises liability claim in Indiana?
In Indiana, whether or not you will be able to file a premises liability lawsuit after an injury accident will depend on what your status was on the property at the time of the incident. If you were on the property legally, whether as a visitor, customer, contractor, or other worker, you have the right to file a premises liability claim to seek compensation for your damages.