Whether residential or commercial, every property owner has a duty to maintain their premises in a reasonably safe manner for the sake of their visitors or patrons. If a property owner fails to uphold their duty and you suffer injury as a result, the property owner may be liable for paying damages.
However, a successful claim requires proving the property owner breached their duty, which could be made easier with guidance from a talented attorney. A South Bend premises liability lawyer could help you file a successful claim and hold the property owner responsible.
Understanding Premises Liability Law
Premises liability is a unique area of personal injury law that accounts for the harm resulting from dangerous conditions on someone else’s property. A person visiting another person’s residence, shopping at a store, or attending a ball game, cannot be expected to know of the potential dangers present without adequate warning or foreknowledge. Hence, the law assigns liability to a property owner who knows, or should know, of a dangerous condition present on their property and fails to warn a visitor who then suffers injury as a result of that condition.
Classic examples of dangerous conditions include slippery floors, unsafe railings or staircases, worn-out carpeting, and icy sidewalks. Any of these conditions can go unseen or overlooked by a visitor or patron and lead to severe injury. Furthermore, property owners are also liable for conditions on their private property, and injuring trespassers under certain conditions. Working with a knowledgeable South Bend lawyer could help someone effectively file a premises liability claim.
Trespassers and the Attractive Nuisance Doctrine
Private property owners can be held liable for injuries resulting from conditions on their property that injure trespassers when both the injury and potential trespasser are foreseeable. This is commonly referred to under the attractive nuisance doctrine.
The law considers it foreseeable for children to be attracted to things like playgrounds or swimming pools and wander toward them. Without any proper fencing or upkeep, a dangerous condition like an exposed pool can easily lead to a child injuring themselves or drowning.
However, it is important to note that the attractive nuisance clause does not apply, in most cases, to adult trespassers who are injured. Under Indiana law, a property owner merely has to refrain from injuring or increasing the likelihood of injury to an adult trespasser. Understanding how and when a South Bend property owner may be liable for the injury of a trespassing party may require the experience of an unsafe premises attorney.
Financial Recovery for Injuries Suffered on a Dangerous Property
A person who is injured by an unsafe condition on another person’s property may be able to recover financial compensation for their injuries should they be able to prove negligence by the property owner. The financial compensation, known as damages, available to injured parties is designed to restore the injured party to their state prior to the accident. Damages are available for an injured party’s medical bills, rehabilitation costs, lost wages, and loss of future income.
Additionally, compensation is available for the physical and emotional toll an injured party also incurs with injury. For example, physical pain, suffering, and emotional distress are all recoverable damages. However, maximizing recovery for non-economic damages, such as pain, may require the assistance of an accomplished South Bend attorney experienced with premises liability.
Speak with a Premises Liability Attorney in South Bend
Injuries you suffer on another person’s property may make them responsible for your damages, but obtaining compensation requires filing a successful claim. Speaking with a South Ben premises liability lawyer may help you hold the responsible party accountable.
Calling our office will allow us to arrange a consultation to discuss the merits of your claim. Schedule a consultation today.