Indiana Premises Liability Attorneys
What is the toughest case to win? What cases are the ones where jurors are the most skeptical? If you ask any experienced personal injury attorney they will tell you that a case involving a fall is near the top of the list. These cases are hard to win because juries have a natural tendency to blame the person who was injured for the fall. For that reason, the jury must be presented with strong arguments and powerful evidence about why the landowner as opposed to the injured person is responsible for the injury.
Premises liability cases are not limited to falls. Lawsuits can be brought for unsafe or dangerous conditions on the premises that cause injury, or defect in the construction of, or inadequate maintenance of the premises where an injury or accident occurs.
Examples of premise liability cases include but are not limited to injuries from ice or snow accumulation, potholes or other open holes on the property, broken railings, unmarked or broken steps, defective lighting, dog bites and attacks, sticky or slippery substances on the ground, toxic chemical exposure, lead poisoning, improperly maintained equipment, furniture, or furnishings, overgrown or uncontrolled landscaping or tree growth, and fallen trees or limbs.
A slip and fall injury often occurs due to dangerous conditions of the premises and the negligence of the property owner to repair and or warn of the defect where the incident occurred. A property owner has a duty to use reasonable care to maintain the premises in a safe condition and a duty to use reasonable care to learn of the existence of any dangerous or unsafe conditions on his premises that could cause harm to anyone.
An attorney must prove that the defendant had ownership, possession, or control of the premises where the injury occurred. There may be multiple defendants in an Indiana premises liability case. In a commercial business situation, a business owner or tenant renting from a commercial landlord may also be liable for an injury occurring on his business premises. A commercial cleaning service that put super slippery wax on a floor causing people to fall may be liable for their injuries. If a security company was hired to protect invitees on the premises, and failed to do so, they may be held liable for injuries sustained due to their negligent security practices. A governmental entity may be liable for defects in sidewalks causing injuries, or failure to keep traffic signs visible and/or operational. The combinations of possibilities are endless.
If you or a loved one has been injured in a premises liability incident, photographs of the scene should be taken immediately. This is especially critical if the fall involves an accumulation of ice or snow. Incident reports should be made with the property owner or store where the incident occurred. Shoes and clothes that were being worn when the incident occurred should be secured and stored without being washed, cleaned, or changed in any way. Finally, you should not give any statements to any insurance company until you have consulted with an attorney. If you do, you may be asked trick questions that could ultimately hurt your case later on.
Our experienced premises liability attorneys and trip and fall lawyers stand ready to assist you through the complex maze of Indiana premises liability laws and issues related to slip and fall accident claims and all other premises liability questions.
If you have been injured, and you believe it is the result of someone else's negligence, please call Sweeney Julian Law Firm for a free consultation and analysis of your situation. Toll Free 1-800-815-4403. We have the confidence and experience to handle your case and achieve the outcome you deserve. We look forward to answering all of your premises liability questions, so please do not hesitate to call us.
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