Property owners are required to keep all visitors safe from unreasonable harm. If they fail to protect visitors from harm, they could be held liable for all injuries and damages.

If you or a loved one were injured in a slip and fall accident, you may be eligible to recover compensation for damages. A seasoned Hammond premises liability lawyer could help you hold a negligent property owner accountable for the actions. Speak to a seasoned personal injury attorney to discuss your legal rights and options.

What is Premises Liability?

Premise liability cases are caused by an unsafe or defective condition on another party’s property. Most premise liability cases are rooted in the negligence of the property owner who failed to take reasonable care to maintain their property and keep it safe for those entering.

Although many owners could be held liable for injuries, not all accidents that occur on another’s land necessitate a personal injury claim. The plaintiff’s Hammond premises liability attorney has to prove that the property owner was aware or should have been aware of the unsafe condition, and failed to take action to avoid an accident.

Types of Hammond Premise Liability Cases

While slip and fall cases are quite common, premise liability cases arise from many different situations and accidents. A premises liability accident could occur due to:

  • Elevator or escalator accidents
  • Swimming pool accidents
  • Amusement park accidents
  • Lack of maintenance or defective conditions of the property
  • Lack of security on the property leading to injury or assault
  • Fires
  • Water leaks or flooding
  • Toxic fumes or chemicals

A diligent Hammond premises liability lawyer could investigate the accident and hold the negligent party accountable for the actions or lack thereof.

Determining Liability for an Accident

In many personal injury cases, the defendant may allege that the plaintiff was partially responsible for the accident or their injuries. The defendant might claim that the plaintiff should have been aware of the dangerous conditions on the property, did not have a legal right to be on the property, was distracted when the accident occurred or was trespassing. For this reason, the State of Indiana follows the modified comparative negligence theory. This means that the jury is required to assign a percentage of liability to each party involved.

Under Indiana Code § 34-51-2-8, if a plaintiff is less than 50 percent at fault for the accident, they are still entitled to receive damages. Their compensation will be proportionately reduced by their degree of fault. If the plaintiff is more than 50 percent at fault, they may be unable to recover compensation for damages.

A seasoned property accident attorney in Hammond could investigate the accident and collect evidence to fight against claims of shared negligence.

Let a Hammond Premises Liability Attorney Help

When a property owner fails to maintain their property or fails to warn others of potential harm, visitors could sustain severe injuries. Fortunately, injured claimants may be eligible to recover compensation for their damages.

An experienced Hammond premises liability lawyer understands the impact that such an injury can have on the lives of victims and those who care for them. Let a knowledgeable help your case. Call today to schedule a consultation.