Property owners and establishments in Indianapolis have a duty to make sure their premises are safe and in good repair, especially if they invite guests onto their property to conduct business, such as to shop in their store or to enjoy their amusement park.
If you have been injured on someone else’s property in Indiana, whether it belongs to a neighbor, business, or public entity, it is possible the property owner may be liable for your injuries under a personal injury claim. A skilled Indianapolis premises liability attorney can help you seek the compensation you deserve, which can include compensation for medical bills, hospital stays, surgical repair, lost wages, physical therapy, pain medication, pain and suffering, and other damages, whether economic or non-economic.
Under Indiana law, property owners have a duty to inspect their property regularly for any possible hazards and to fix any defects of which they become aware, within a reasonable timeframe. If a person on the property becomes injured due to a defect that the property owner knew about or reasonably should have been aware of, the Indianapolis property owner may be liable for the victim’s damages.
However, property owners can possibly lessen their liability if they warn people who might be on their premises of potential dangers, but this does not always excuse all responsibility. In premises liability cases, the courts will look at all the facts of what occurred and determine whether the property owner met their duty of maintaining a reasonably safe property and providing adequate warnings.
The state maintains a rule called the modified comparative negligence standard. Under this doctrine, victims who are partially at-fault in bringing about their own injuries can have their personal injury compensation reduced by the percentage of responsibility they contributed. However, their claims may not be barred altogether so long as they are not more than half at-fault. Plaintiffs who are found to be 51 percent or more liable in causing their own injuries may have their claim prevented altogether.
Premises liability injuries can occur on any type of property and thus almost any type of injury could give rise to a premises liability claim. Some of the most common premises liability cases in Indianapolis include but are not limited to:
Big companies, such as Walmart, often carry their own insurance. In legal terms, they are self-insured. This affects the handling of liability cases, and instead of dealing with an insurance company, victims negotiate directly with the defendant.
Self-insured corporations are not only prosperous, but they also have a lot of control, and often surpass insurance companies in their ability to manipulate a claim. When big retailers do not have to report to a third-party insurance adjuster, they can delay, and claims can then become a battle over money and time. Prompt compensation for treatments is the priority when an individual is injured.
The company can use this to their advantage. They might delay, deny, or offer undervalued settlements to exhaust the victim. In these cases, a tenacious premises liability attorney in Indianapolis is crucial to push back, challenge delays, and maintain pressure.
Self-insured companies are often harder to deal with, but that does not make the situation hopeless. The fight might be tougher, which means your lawyer needs to be tougher as well. With the right legal team, justice can still be served.
Time is critical in law. The statute of limitations is the legal time limit to file a claim, and for liability cases, that interval is two years from the date of the injury. If a victim misses this deadline, the chance to file a claim is gone.
The statute of limitations starts when the injury happens, though there are a few exceptions. If the injury was not immediately discovered, the time limit may be extended, but this is rare and requires proof.
The longer a person delays, the harder it becomes to gather evidence and build a strong case. Victims who wait too long risk losing their right to compensation. As time passes, evidence can get lost or destroyed, witnesses may move, doctors can retire, etc. It is important to contact qualified Indianapolis legal counsel about on-premise responsibility as soon as possible.
These are some of the most common questions the Indianapolis attorneys at McCready Law hear regarding premises liability cases:
Not always. Warnings may help reduce liability, but they do not remove all responsibility. In this situation, it is best to consult a lawyer for guidance.
If the property owner should have known about the hazard or it would have been reasonable to know about it, ignorance is not an excuse. However, there are always exceptions, so we advise that you talk to an attorney to get a proper understanding.
Injuries that happen on public property may fall under government liability. The rules can be different when dealing with a city, county, or state, and claims must be filed much faster, sometimes within 180 days of the injury. Plaintiffs must prepare for bureaucratic regulations.
They may still have a claim, but it will be harder to prove. Property owners have less responsibility toward trespassers, unless it is a child.
Yes, the more severe the injury, the higher the potential compensation. Minor injuries often lead to smaller settlements. Small or large, the liable party should be responsible for their lack of care.
Due to the comparative negligence rules, it is especially important for victims of premises liability injuries to quickly consult with an experienced Indianapolis premises liability lawyer who can establish fault.
A skilled Indianapolis premises liability attorney will have experience can fight by your side to help you get the compensation you deserve. To learn more, set up a free consultation today.
