Carmel Premises Liability Lawyer
Whether you were injured in someone’s private home, a public building, a restaurant, or the mall, you may be able to hold the responsible party accountable for your injuries by filing a premises liability claim. Landlords, property owners, and business owners have a duty to maintain a reasonably safe premises for all invitees, and any preventable injuries that occur may be subject to a lawsuit if it is found that the property/business owner failed to take reasonable care in maintaining their premises and addressing potential hazards. If you or a loved one suffered an injury due to a property owner’s negligence, the Carmel premises liability lawyers at Keffer Hirschauer LLP can help make you financially whole.
Types of Premises Liability Lawsuits
- Trip and fall;
- Slip and fall;
- Injury from falling objects or improperly stacked/stored merchandise;
- Pool drownings or other types of pool injuries;
- Trampoline accidents;
- Dog bites and dog attacks;
- Burn injuries;
- Food poisoning (from a restaurant);
- Collapsed stairs or porch;
- Elevator accidents;
- Negligent security injuries;
- Toxic chemical or dangerous substance exposure;
- Snow or ice accidents; and
Common Injuries in Premises Accidents
- Broken collarbone;
- Fractured hip;
- Lacerations and contusions;
- Traumatic Brain Injury (TBI);
- Torn ACL, meniscus, quadricep tendon, or Achilles tendon;
- Rotator cuff tears;
- Spinal cord injuries;
- Herniated disc;
- Fractured vertebrae;
- Broken wrist or ankle;
- Puncture wounds;
- Brain damage due to drowning;
- Facial injuries including permanent scarring and disfigurement; and
- Fractured ribs.
These injuries can result in large medical bills (the average cost of a fall injury is over $14,000 according to the Joint Commission), lost wages, pain and suffering, loss of joy of life, emotional distress, and other economic and non-economic damages.
Duty of Care
All property owners have a duty of care to keep their premises reasonably safe for all invitees. In fact, property owners have this duty even to trespassers, particularly child trespassers, and can be held liable for injuries or death under statute 34-31-11-3.
Real or Constructive Knowledge
In order for a property owner or business owner to be held liable for a premises accident, the plaintiff must show that the defendant had actual or constructive knowledge of a hazard, and failed to act. An example of actual knowledge would be seeing that a hand railing on a stairway was damaged and needs to be replaced. An example of constructive knowledge: the building had water and mold damage from a burst pipe in the second story, resulting in wood rot; as such, the owner has constructive knowledge that the stairway, and handrailing, may be damaged. If the owner failed to act, having real or constructive knowledge of a hazard, they can be held liable.
Call a Carmel Premises Liability Attorney Today
As the victim of a premises injury, the at-fault party is responsible for covering all of your damages. The Carmel personal injury attorneys at Keffer Hirschauer LLP are experienced in all manners of premises accidents, and can review your case at no cost. Call 317-455-4043 to schedule a consultation.