While going onto someone else’s property should not be a dangerous activity, the unfortunate reality is that not every landowner takes care of their property to the extent they should. These landowners also might not fulfill their duty under state law to warn visitors about hazardous property conditions and take steps to fix them within a reasonable amount of time.
If this kind of scenario led to you getting hurt on someone else’s land, you may have grounds to pursue civil litigation against them with a capable Beech Grove premises liability lawyer. They could collect evidence of a property owner’s negligence and ensure your lawsuit or settlement demand incorporates all of your injury-related losses. A seasoned personal injury attorney’s support will be vital to getting the best result possible from your case.
Importantly, landowners in Indiana have different “duties of care”—in other words, different things they are supposed to do in order to minimize the risk of an accident—for different types of visitors on their property. For example, landowners owe basically no duty of care to “trespassers” who are on their land without their knowledge or consent and without any legal authority to be there. Landowners still cannot do anything to intentionally harm a trespasser, like setting traps.
Landowners owe a more substantial duty to “licensees,” which are people like guests at a house party who are lawfully visiting solely for their own benefit or for some other reason which does not benefit the landowner in some way. Landowners must provide advance warning to licensees of hazards which they are aware of and which are not “open and obvious” to any reasonable person.
Finally, as a Beech Grove premises liability attorney could further explain, landowners owe the greatest duty of care to “invitees.” These people are visiting lawfully and for the landowner’s benefit or everyone’s mutual benefit, like shoppers in a retail store or contractors performing construction work. Landowners must not only warn them about known hazards, but also regularly inspect their property so they can quickly learn about any new hazards they were not already aware of.
Any property owner who breaches their duty of care as defined above, and causes injury to a visitor as a result, may be liable for all past and future, economic and non-economic repercussions of that visitor’s injuries. A Beech Grove property accident lawyer could help request all possible damages, including:
However, anyone who wants to sue a landowner over negligent property management generally must do so within two years of initially sustaining injury. Otherwise, the statute of limitations outlined in Indiana Code § 34-11-2-4 will likely prevent them from recovering any money at all.
Holding a property owner liable for an accident on their land is far from a simple process. Even if it seems obvious that their negligent failure to keep their property in safe condition is directly to blame for your injury, compelling them to pay you fairly through a private settlement or a civil court hearing can require substantial evidence.
A Beech Grove premises liability lawyer could provide the custom-tailored support you may need to obtain the compensation you deserve. Learn more by calling McCready Law today and scheduling a free consultation with one of our well-established legal advisors.