Premises liability laws govern what happens in personal injury cases where a person gets injured on another person’s property. This covers a wide variety of injuries
- Animal and Dog Bites
- Children on Property
- Dangerous Property
- Negligent or Inadequate Security
- Inadequate Maintenance
- Retail Store Liability
- Restaurant Liability
- Slip and Fall Accidents
- Swimming Pool Injury
The wording of these laws to determine who is accountable varies per state. If you’re from Indiana, it’s best to consult our Elkhart Indiana personal injury lawyers for a case evaluation concerning premises liability. They can help determine whether you’re entitled to damages after an accident. Call our personal injury law firm now if you got into an accident!
How are Premises Liability Cases Proven?
A personal injury lawyer must prove the following to establish liability of a careless property owner in the accident:
- The owner had a duty to prevent harm from befalling you;
- They had breached this duty; and
- As a direct result of this breach, you were injured.
So what determines whether the owner must protect people from personal injuries? That depends on the reason you were on the property. Three classifications determine their obligations to you.
You’re a trespasser if you don’t have permission to be on the property. The owner only has to refrain from any willful injury to you and to refrain from increasing the possibility of injury.
You’re a licensee if you’re on another’s property with permission for your purposes. The owner must not willfully harm you, must not increase the chances of harm, and must warn you of any known danger.
You’re an invitee if the owner lets you enter the premises for their benefit. For invitees, the owners have to locate and fix (or provide a warning about) any dangerous conditions
If you have been injured while on another person’s property, talk to an Indiana accident lawyer. Their legal representation can help you get compensated to help with your medical expenses. Call our Elkhart law office now!
Attractive nuisance doctrine
In general, property owners don’t have to warn trespassers or keep them safe from any danger on their property. In Indiana, there is an exception. The attractive nuisance doctrine can hold an owner liable for a child who trespasses if:
- There is a dangerous condition in their premises;
- This condition is attractive to children;
- This condition is dangerous to children;
- Children typically do not understand the danger posed by this condition;
- The chance of an injury is foreseeable;
- The owner knows the presence of this condition and the chances that children will enter their property.
How Can a Property Owner Defend Against My Personal Injury Claims?
If you’re filing a personal injury claim under premises liability, here are some defenses the owner can put up. Learn them so you and your personal injury attorney know how you can improve the chances of winning your personal injury case:
Statute of limitations.
A plaintiff has only two years from the date of injury to file a personal injury lawsuit under premises liability. Otherwise, they’re prohibited from filing.
Assumption of the risk.
Assumption of risk prevents damages for a risk they consented with full knowledge. It’s not a complete defense, meaning that the plaintiff cannot pursue damages to the fullest extent, instead, the monetary damages received will be reduced.
Under Indiana’s modified comparative fault rule, the damages can be reduced according to how much fault was on the plaintiff’s side. If the plaintiff is found to be more than 50% at fault, then they can’t recover any damages.
What Damages Can I Get?
A plaintiff can get economic and non-economic damages. Economic damages include medical treatment and lost wages, among others. Non-economic damages can refer to things like pain and suffering.
Punitive damages are those which punish the defendant. You can only recover these if the negligent party acted with fraud, malice, or gross negligence. These damages have a limit of the greater of:
- $50 000
- Three times the total of economic + non-economic damages/
If you or a loved one has suffered a serious personal injury, it’s easy to rack up medical bills you can’t afford, not to mention the effect on your income and employment, which may cause emotional distress. Here at the law office Wilson & Kinsman LLC, our personal injury attorneys in Elkhart Indiana are here to provide legal help. Our areas of practice cover auto accidents, premises liability, slip and fall injury cases, and wrongful death cases. Call our Elkhart personal injury law office now!