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Whenever a person is invited onto another person’s land, the landowner owes a visitor a duty to reasonably protect their wellbeing. Exactly how much protection this duty requires depends upon the reason that the person visits the property.
If an injured visitor can prove that a landowner violated this duty and an injury resulted, that visitor may be able to secure compensation for their damages. A Porter County slip and fall lawyer could help you determine your rights in such a scenario and demand restitution for your injuries. If you have suffered a slip and fall injury, call a professional attorney today for a consultation. En Español.
The protection that landowners must extend to visitors depends upon why the visitor came onto the land. Indiana law recognizes three categories of visitors. Each of these categories is afforded specific protections. A slip and fall attorney in Porter County could further explain the nuances of Indiana laws and work to form strategies to hold landowners responsible for their actions.
A trespasser is any person who enters onto private property without the invitation of the landowner. This can include closed property such as a home, but also property that is held open to the general public if it is after business hours. Therefore, a person who enters a store after it closes is as much a trespasser as one who enters a private house.
Landowners have a duty only to refrain from intentionally injuring trespassers.
Licensees are people who are invited onto land for a non-business purpose. A classic example is a person invited into a home for a house party. In this case, the landowner must not intentionally harm the visitor but also has a duty to warn the visitor about any non-obvious hazards that they know about.
Invitees are given the greatest level of protection. These are people who enter onto land for a business purpose. Prime examples are shoppers in a mall or patrons at a movie theatre. Owners must take reasonable steps to prevent harm from coming to invitees, but whether a step is reasonable or not may be a question for a jury.
The core of any personal injury claim, including those for slips and falls, must be a physical injury. The variety of potential physical injuries that can result from a slip and fall is lengthy. Commonly seen injuries include:
If a plaintiff has a physical injury, they can also claim pain and suffering as another form of damage. A personal injury lawyer will prove the victim’s pain and suffering through medical records as well as through testimony from witnesses.
Porter County slip and fall lawyers fully analyze every case to determine the extent of the injuries and how they have impacted the individual’s life.
Slip and fall cases can be surprisingly complicated. The law examines not just the actions taken by the landowner, but also the reasons for the injured person to be on the land in the first place. Defendants’ insurance companies are aware of these rules and can take advantage of unrepresented plaintiffs to trick them into dropping valid claims.
A Porter County slip and fall lawyer could stand up for you and take the lead in gathering evidence, speaking to witnesses, and engaging in settlement negotiations. There is a short time of only two years from the date of the accident to file a claim, so time may be critical in yours. Call today to get started.