Indiana Premises Liability Attorneys
A slip and fall on an icy, wet or slippery surface can cause serious injury, including head and neck trauma, fractures to the ankles, wrists, or hip, facial lacerations and more. In addition to slippery surfaces and tripping hazards, there are many other ways a person can be injured because of a dangerous or defective condition existing on another person’s property. Indiana law imposes a duty on property owners to provide a reasonably safe environment for people on their premises, and property owners who fail in this duty may be liable in money damages to compensate accident victims for their injuries. The Indianapolis personal injury attorneys at Lee & Fairman, LLP help injury victims recover compensation from negligent property owners in all types of premises liability cases, including:
- Slip and fall from a food or drink spill in a grocery store or restaurant, an icy sidewalk or a wet entryway
- Trip and fall due to cracked or broken sidewalks, cluttered aisles, torn carpeting, unmarked steps, defective elevators or escalators, or missing or broken handrails
- Falling object injuries from store shelves or construction scaffolds
- Electrocution from exposed wiring
- Dog bites and animal attacks
- Assaults due to negligent security
Premises Liability Law in Indiana
In Indiana, the duty of the property owner depends in part on the status of the person who is on the property. For instance, the property owner owes the highest duty to a person who was invited onto the property by the owner. This includes social guests invited to someone’s home, or members of the public welcomed into a store to conduct business. The duty owed to such “invitees” is to fix any dangerous conditions or warn the invitee about the danger, if it is not obvious.
Other classes of people who may be on the property include licensees and trespassers. A licensee is somebody who is allowed onto the property to conduct the licensee’s business, such as delivering packages or supplies, reading a meter, or making a sales call. Trespassers are people with no legal right to be on the property. Property owners owe lesser duties to licensees and trespassers than they do to invitees, but even trespassers have rights, and property owners could be liable for causing harm in certain ways, such as by intentionally placing hidden dangers or traps on the property.
In Illinois, the legislature abolished the distinctions between invitees and licensees in the state’s Premises Liability Act, which requires the property owner to use reasonable care in providing for the safety of those who enter the premises.
Help is Available for Complicated Premises Liability Claims
Recovering compensation for a slip and fall or other premises liability injury can be a complex matter. For example, it is often necessary to prove that the dangerous condition existed for an unreasonable time without being repaired, and careful investigation and even expert witnesses may be needed to establish this fact. Also, insurance company defense lawyers often raise the defense of comparative negligence, claiming that you were careless, reckless or were not watching where you were going. Allegations of comparative negligence can drastically reduce the amount of compensation you can recover, or even keep you from obtaining any recovery at all.
At Lee & Fairman, our experienced accident attorneys know all the ins and outs of a premises liability claim, and we fight hard to establish the property owner’s liability while defending you against unfounded claims that you are in some way to blame. We help injury victims receive the full amount of compensation available for their medical expenses and other legal damages, including rehabilitation, lost wages, pain and suffering, and more. In Indianapolis, across Indiana statewide and throughout the greater Chicago area, contact Lee & Fairman, LLP for a free consultation with experienced and dedicated personal injury attorneys.