Premises Liability

When Property Owners Are Negligent And Someone Gets Hurt

Most people are concerned for the welfare of others. A store owner or manager has a duty to ensure that the store has clear, dry aisles, good lighting and stable shelving. When someone gets hurt because the person in charge either did something to cause harm or failed to do something to prevent harm, a personal injury claim is possible. Homeowners, dog owners and others in charge can be negligent.

It can be hard to know if what happened to you was due to negligence. We can help. Call and speak with a member of the Pavlack Law, LLC, team at 317-733-5171. We always offer injured people a free consultation and case analysis.

What Does It Mean To Be Negligent?

Generally speaking, the law states that when one person has a “duty” to be cautious or take care, and they fail to do so and someone gets hurt, then that person has been negligent.

There are four elements of negligence. They are:

1. That someone has a duty
2. That someone breached their duty
3. That the breach of duty caused an accident or injury
4. That harm or injury then happened

We will work with you to establish these four elements as is necessary to prove your claim. We then build a successful case and help you receive the monetary award you deserve. As personal injury attorneys, we are specifically trained on how to recognize and prove these five elements.

Examples Of Negligence In Premises Liability Cases

Example 1: A grocery store owner or manager has a duty to keep the shop floors free of debris and dry. When something gets spilled and the owner or manager fails to clean it up, and someone slips and breaks a wrist, that owner or manager is negligent. The insurance company for the grocery store is then liable (or responsible) for any claims that happen.

Example 2: Similarly, drivers have a responsibility or “duty” to pay attention to the road. If a driver is texting and hits another car and people get hurt, that driver was negligent and their insurance company is liable for the damages.

Example 3: Dog owners also have a responsibility to ensure their animals do not harm people. If you or a family member was attacked and bitten by a dog, seek immediate medical attention. Infections are not uncommon in puncture wounds. The dog will also need to be cleared for rabies. Bite to the face, particularly with children, can require special surgery or reconstructive surgeries with a plastic surgeon.

You always want to understand what an injury will cost before agreeing to anything from the insurance company. We can help you know your rights to compensation. Typically in these cases, the owner’s home insurance covers claims of injury caused by their animal.

Example 4: In Indiana, we have a unique situation caused by water dams. Low head dams are called “drowning machines” because of their reputation for trapping people underwater in a circular-type current. Victims often include boaters, jet-skiers and other water sport enthusiasts. Many people do not see the dam until it’s too late. If you lost a loved one in a low head dam tragedy, you have our sincere condolences. Please speak to our team about your next steps. Sometimes it takes a lawsuit to save other lives.

Get A Free Negligence Assessment With Our Team

Information is essential when making educated choices. In your free consultation, we will provide you with specific information as to how we can help you and what you can expect in your premises liability issue. Call us at 317-733-5171. You can also send us a specific question with the best way to reach you on our online form. Located in Indianapolis, our personal injury attorneys serve clients throughout the Greater Indianapolis area.