Kokomo Premises Liability Lawyer
Being a property owner comes with many duties, and maintaining property for the safety of visitors is one of them. Under Indiana law, a person can bring a premises liability claim whenever a hazard on a piece of property causes them an injury. As experienced attorneys, we have handled many premises liability claims stemming from various accidents on different types of property.
Unfortunately, this is a confusing area of law. Often, there are disputes involving who owns or controls the property, as well as who was responsible for the hazard. For help with your claim, contact our Kokomo premises liability lawyers today.
Types of Premises Liability Claims
Our team has handled cases involving injury in businesses, schools, public property, and private property, so we are well versed on the law. Examples of a premises liability claim include:
- Slip and falls or trip and falls
- Falling merchandise
- Food poisoning in restaurants
- Hotel or motel negligence
- Swimming pool injuries
- Falling ceiling tiles or walls
- Elevator and escalator accidents
- Negligent security
Making a Successful Claim
The fact that a visitor was injured on property is typically not enough to make out a claim. Instead, we need to point out that the property owner did not use sufficient care to protect the visitor.
The care an owner or occupier must use will depend on a victim’s status as a visitor on the property. Indiana has some well-known categories of visitors as identified by our Supreme Court:
- A person invited onto the property for the owner’s benefit is an invitee. Someone who visits a restaurant or store is a common example. A property owner owes a duty of reasonable care, which is the highest duty.
- Someone with permission to come onto the property is a licensee. This is a person whose presence is permitted by the owner, but the owner does not benefit from their presence. A classic example is a social guest who stops by your house. An owner or occupier owes a lesser duty of care to a licensee.
- A person who does not have permission to be on the property is a trespasser. Indiana law only requires that owners not maliciously injure a trespasser, but no other duty of care is owed.
It is important to realize that a person might start out as an invitee or licensee and then become a trespasser when asked to leave. This means that the owner’s duties can shift throughout the encounter.
Once you identify your status, you can begin compiling helpful information. For example, a business owner should promptly mop up any spilled liquids in their aisle and should regularly inspect the aisles. Failure to do so could make them liable when an injured customer falls or is hurt.
Call One of Our Kokomo Premises Liability Lawyers Today
It is vital that injured victims promptly reach out to an attorney to begin collecting evidence. Many property owners quickly fix any hazard before denying that it ever existed.
Let us help you gather the evidence you need. Call Keffer Hirschauer LLP today to schedule a free case evaluation.