Premises Liability Lawyers in Indianapolis
Understanding Indiana Premises Liability Law
In Indiana, public and private property owners have a duty to keep their premises reasonably safe for customers, visitors, and anyone who is legally on their property. Essentially, what this means is that the owner or manager of a property must take reasonable steps to address and/or fix any condition that may be considered “dangerous.” Failure to do so can result in the property owner being liable for any injuries or deaths that occur as a result of the dangerous condition.
If you were injured or your loved one died due to an accident that resulted from unsafe property conditions, contact Tabor Law Firm as soon as possible. In Indiana, you only have two years from the date of the accident/injury to bring a personal injury claim (with some exceptions). Our Indianapolis premises liability lawyers can help you determine if you have grounds for a claim and, if so, can help you fight for the fair compensation you are owed.
What Are “Dangerous Conditions?”
As previously mentioned, Indiana premises liability law states that property owners are responsible for addressing unsafe conditions. But, what exactly is considered a “dangerous condition?” In general, any existing condition that has the potential to cause harm is considered “dangerous.”
Examples of dangerous property conditions include:
- Accumulated ice, snow, or liquid
- Uneven flooring
- Lack of or unsuitable railing on stairs
- Failure to adequately mark exits
- Unrestrained animals, such as dogs
- Lack of or insufficient security
- Inadequate lighting
- Improper signage
- Lack of adequate fencing (including around swimming pools)
- Presence of harmful substances, such as asbestos
In Indiana, property owners have a responsibility to address or correct any dangerous condition they are aware of or should be aware of. Examples of properly addressing a dangerous condition include setting out caution signs around spills in a grocery store, setting up and locking fences around restricted areas in an amusement park, and hiring competent security personnel for an apartment building’s parking garage.
Degree of Liability in Premises Liability Cases
It is important to note that, while property owners do have a duty of reasonable care, they are not completely responsible for everything that happens on their property. Indiana follows what is known as the degree of liability rule. This rule assigns fault to all parties involved, including the property owner and the injured individual. Only when a property owner is found to be more than 50 percent at fault for the accident can the victim recover compensation.
For example, if a teenager takes a shortcut home from school that involves trespassing through the yard of a private homeowner and the teenager is bitten by a dog while illegally on private property, he may be found partially at fault for the incident. The property owner may still be found partially at fault as well if, for example, she had prior knowledge that her dog was aggressive but failed to post warning signs. However, the amount of compensation the injured teenager will be able to recover will be proportionally affected by the percentage of fault he is found to have.
It is also important to note that children under the age of seven are considered incapable of being negligent. Therefore, if a small child wanders onto a construction site and is injured, she cannot be assigned any blame, even if she did not have permission to be on site.
Discuss Your Case with Our Firm Today During a FREE Consultation
At Tabor Law Firm, we have extensive knowledge of Indiana’s premises liability laws. Our attorneys have more than 100 years of combined experience and have helped thousands of individuals and families fight for the just compensation they deserved after suffering life-altering injuries as a result of someone else’s negligence. We are prepared to fight for you.
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