Property owners and operators can sometimes be held legally responsible for injuries that occur due to unsafe conditions on their property. This is known as premise liability.
Injury cases related to premise liability can happen in a variety of locations, indoors and outdoors. Slip and fall accidents commonly lead to premise liability injuries, but other types of accidents also occur, including:
- Swimming pool accidents
- Accidents that occur to improper maintenance of snow/ice
- Elevator and escalator accidents
- Dog bites
- Defective conditions on the premises
- Toxic fumes/chemicals
No matter the cause, injuries sustained in premises liability cases can be very serious.
Premise Liability Status
Premise liability laws vary from state to state. In Indiana, landowner responsibility is based on the status of the visitor: invitee, licensee, or trespasser. Let’s look at each status.
Invitee: an individual who has the landowner’s permission to enter the property. Friends, relatives, and neighbors often fall into this category. This also includes customers for business owners. The landowner’s duty is of reasonable care to maintain the premises.
Licensee: an individual who has the landowner’s permission to enter the property and comes onto the land for their own purposes. Salespeople are a good example of licensees. The landowner’s duty is to repair or warn of any concealed dangers they know about.
Trespasser: an individual who does not have permission to be on the property. The landowner’s duty is to avoid willfully harming the trespasser.
Evidence Needed in a Premise Liability Case
Generally, the following proof is required in a premises liability personal injury case:
- Proof of ownership, occupation, or lease of the property by the person causing the injury
- Proof of negligence in the use of the property
- Injury/harm to the plaintiff
- That the negligence was a major factor in causing the harm
If you or a loved one has been injured and you have questions about premise liability, contact the Schuerman Law office today. Schuerman Law has been working with personal injury claims for over 40 years. John Schuerman will compassionately advocate for injured individuals as well as their families while fighting for full compensation of their claims. Schuerman Law offers evening and weekend appointments in addition to home and hospital visits. Schedule a free consultation today by calling 1-800-274-0045.