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Understanding premises liability in Indiana

On Behalf of | Feb 14, 2024 | Personal Injury

Owners of residential and commercial properties are responsible for maintaining a safe environment for people who step on their property. This duty is premises liability, and it holds owners accountable for accidents and injuries you might suffer on their property due to unsafe conditions.

What types of accidents can trigger claims?

Examples of premises liability claims include:

  • Swimming pool accidents
  • Animal attacks
  • Injuries in retail stores and restaurants
  • Slip-and-fall accidents

If a property owner was negligent and these or other types of accidents occurred as a result, they could be liable for damages.

Who can file premises liability claims?

In general, you may be able to pursue a premises liability claim as long as you were not trespassing on the property.

In Indiana, the property owner’s obligations depend on your classification. There are three categories: invitee, licensee and trespasser.

  • If you are an invitee (an individual invited onto the property), the owner owes you the highest form of care.
  • If you are a licensee (an individual with the permission of the owner to be on their property), the owner is willfully responsible for your safety and is supposed to warn you of potential dangers the owner is aware of.
  • If you are trespassing on the property, owners owe you little responsibility when it comes to your safety. Essentially, property owners would only be liable if they intentionally caused dangerous conditions for trespassers.

There are liability exceptions for children who unknowingly trespass.

What types of compensation can be available?

Two types of compensation that can be available to injured victims include economic damages and non-economic damages. Economic damages include medical expenses and lost wages (in case of hospitalization); non-economic damages consist of emotional damages like pain and suffering due to the accident.

If a serious accident leads to a wrongful death, compensation for surviving loved ones is possible.

There are other factors to consider when it comes to premises liability laws, and it is best to contact a legal professional to handle the complexities of this field. They are the ones who can help you with an assessment of the case and provide you with the correct process and legal options available.