Premises liability is a legal concept that normally applies to personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property. There are all kinds of rules for the standards that apply in premises liability cases. However, with the premises liability laws in a slip and fall case in Indiana, it depends on the reason you’re on the property.
The law makes property owners liable when they don’t take reasonable steps to prevent injuries to others. The amount of care they have to take in order to keep their property safe depends on whether you are an invitee, a licensee, or a trespasser on the property. When a person operates a business, they have a very high responsibility to keep the property free of hazards for their invitees. The responsibilities of a property owner to a licensee or a trespasser, however, are very different.
Because a business owner invites people to enter their property, Indiana law makes them liable for dangerous conditions. In one case, a jury awarded $35 million to a teenager who was beaten at a Six Flags theme park. The jury found that Six Flags should have taken more care to protect the teenager from known dangers associated with operating their amusement park. The jury agreed with the victim that if Six Flags had more security on their property, the beating likely would not have happened.
If you’re not on the property for a business purpose, the owner still has the legal duty to maintain the property in a safe way. However, the standard is different. For non-business purposes, the owner must fix or warn you about dangerous conditions.
If an unsafe property results in your injury, you have a limited amount of time to bring your case. Usually, this time limitation is two years. The case may take longer to resolve than two years, but you have two years to file the first paperwork. This time limitation is called a statute of limitations.
Don’t assume that you’re to blame. What you might perceive as your own negligence may not amount to legal liability under the law. Indiana premises liability laws allow the jury to determine fault based on their review of the entire circumstances of the case. Partial fault isn’t necessarily a bar to recovery under Indiana law.
The case depends on the facts
In Huffman v. Dexter Axle Company, the Court of Appeals of Indiana said that premises liability cases often depend on the facts of the case. That makes it up to the jury to decide who is right. It’s important to carefully build the evidence in your case so that the jury can have the information that it needs to find in your favor.
Retain an experienced Slip & Fall Lawyer
If you’ve been injured due to an unsafe property, the team at Blackburn & Green can help. Our team is passionate about helping people. We advocate for you, and we will guide you through the law and how it applies to you. Call us today at 1-800-444-1112.
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