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Homeowners and business owners are required to protect others against unreasonable harm and keep their properties in a reasonably safe condition. When there are hazardous conditions on a property which result in someone slipping, falling, or tripping, there may be sufficient evidence to hold that property owner legally accountable.

A consultation with a Michigan City slip and fall lawyer could help you understand what the law requires for you to recover compensation from an irresponsible party that caused you harm. Reach out to an experienced lawyer today for the help you need.

Possible Defenses a Wrongdoer Might Use

Property owners have several defenses available to them in slip and fall cases, including:

  • Trespassing
  • Claiming the hazard was obvious
  • Lack of notice
  • Comparative negligence

These defenses may be used by a wrongdoer to eliminate or reduce liability in a slip and fall accident. If an injury occurred after a tripping accident, a Michigan City slip and fall lawyer could help determine if there is a possible claim based on the circumstances.

Trespassing

While a property owner owes a duty of care to anyone who enters their property, liability in a property management case is determined by how much of a duty of care was required. Trespassers are typically owed the least amount of care, meaning an owner of a property only needs to ensure that no unsafe condition was intentionally created to endanger a trespasser.

The Obvious Doctrine

The obvious doctrine would exculpate a property owner after a slip or fall incident because the dangerous condition was so obvious that a reasonable person should have known to avoid it. An open and obvious danger is a clear warning to someone on the property that a dangerous situation exists, and failing to heed the warnings may reduce the defendant’s liability.

Notice and Premises Liability Cases

In some slip and fall cases, the lack of notice of the dangerous situation may also limit recovery. Simply, if the property owner was unaware that there was a danger, they might argue it is not their fault.

There are two types of notice:

  • Actual
  • Constructive

Actual notice means the property owner was aware that there was a danger. Constructive notice means that even if the property owner didn’t know there was a danger on their property, they should have known.

Because evidence of either type of notice is difficult to prove, a Michigan City slip and fall lawyer may be instrumental in presenting a case that shows liability on behalf of the property owner.

Comparative Negligence

If an individual contributed to an injury after a slip and fall on a home or business owner’s property, there might be a limit to what that individual is able to recover in a lawsuit.

In Indiana, this comparative negligence doctrine could limit the recovery of compensation if the individual was more than 50 percent responsible for the accident that led to their injury.

Let a Michigan City Slip and Fall Attorney Help

A dangerous situation on a homeowner or business owner’s property could create life-threatening injuries. If you were injured by a negligent property owner’s upkeep of his or her property, you may need to consider the help of an experienced legal representative. A Michigan City slip and fall lawyer could help evaluate if there is sufficient evidence to file a claim and hold negligent parties responsible for your losses.