Property owners are responsible for keeping their premises in good repair, yet every year, many people suffer accidents due to property that is not well-maintained. Premises liability in Indiana involves a breach of duty for both commercial and private property owners to keep visitors safe.
Keeping a property reasonably safe
Of all the mishaps that can occur on a property, slip-and-fall accidents are the most common. Problems can occur when an owner is aware of a dangerous condition but does nothing about it. Among the situations that can cause slips and falls are wet floors, falling objects, uneven steps or floors, snow and ice, and more.
Property owners have an obligation to regularly inspect their premises to ensure that hazards don’t exist. If one or more hazards are found, the property owner must post signs or block the dangerous areas with barriers or otherwise prevent access to visitors so that they don’t become injured. Property owners must also fix or otherwise remedy the hazard as soon as possible after it is discovered.
Premises law applies differently according to whether someone is classified as an invitee, a licensee or a trespasser. Invitees have the greatest rights while trespassers often have none.
Getting compensation for premises liability
Filing a lawsuit for premises liability can be complicated as the plaintiff must definitively show that the property owner is at fault. As in all injury cases, the opposing side will try to show that the injured victim somehow caused the incident.
If you are the victim of a slip-and-fall accident, you should try to document the incident as thoroughly as possible, including taking photos of the area where it occurred. The more thorough you are, the better your chances of getting compensation.