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It is not unheard of for people visiting private residential property or government-owned land to get hurt due to a dangerous property condition. However, the vast majority of personal injury claims governed by “premises liability” law in Indiana involve property that is operating for commercial purposes. Unfortunately, the fact that this type of case is especially common does not mean it is easy to get a good result from one, even if it seems obvious that the property owner or manager is liable for your accident.
In a situation like this, guidance from an Indianapolis commercial property liability lawyer can be vital to enforcing your rights and boosting your chances of a positive case result. No matter how you were injured or what losses you need to recover for, your dedicated premises liability attorney could demand every cent of compensation you need.
One important thing to understand about premises liability law is that landowners owe different “duties of care” to visitors depending on why a specific visitor is on their land to begin with. Landowners owe the most substantial duty to care to “invitees” who are visiting specifically for the financial benefit of the landowner, and it is this category into which most visitors to commercial property are identified.
Property owners must take reasonable care of their property by fixing or cordoning off any hazardous conditions they become aware of and warning invitees about those known hazards. They are also obligated to inspect their property regularly—either on their own or by directing an employee to do so—so they discover new hazards reasonably quickly after they appear.
As an Indianapolis commercial property injury attorney can further explain, this means it is sometimes possible to sue a store owner or manager over an injury caused by a hazard they had no actual knowledge of. This rule applies if the hazard had been present long enough that the owner or manager reasonably should have known about it.
Someone who can prove a commercial property owner liable for an accident on their land can hold that person financially accountable for both economic and non-economic consequences of that accident. Often, this includes both past and future losses relative to when the claim formally begins. A typical liability claim against a commercial landowner in Indianapolis can incorporate damages such as:
However, any amount of “comparative fault” an injured person holds for causing their own injury may be held against them as a reduction from their final damage award. It could even as a reason to deny them compensation altogether—an outcome which a seasoned lawyer could provide crucial help to avoid.
A visit to the grocery store or a trip out shopping for pleasure should never end with you suffering a serious and potentially life-altering injury. If you have fallen victim to this sort of harm because of a property owner’s negligence, you may have grounds to hold them civilly liable for the negative impacts their actions have had on you.
As many people unfortunately learn the hard way, you will likely have slim odds of getting a successful result from a property liability claim without help. Call today to discuss your legal options and learn more about how an Indianapolis commercial property liability lawyer could assist you.