Terre Haute Premises Liability Lawyer
Owners who invite others onto their property have a duty of care to ensure that their premises are safe. This includes stores, parking lots, bars, restaurants, amusement parks, and even your own apartment when controlled or owned by a landlord. In this article, we’ll discuss premises liability and what you’ll need to do to prove your case. Securing the help of a Terre Haute premises liability lawyer is the first step in the process, contact us today.
Legal Designation of Affected Parties
Indiana makes a distinction between three types of individuals on another person’s property. They are considered invitees, licensees, or trespassers. Trespassers are not owed a legal duty of care in Indiana, but property owners cannot lay out traps for them either.
The difference between licensees and invitees involves whether or not the owner of the property financially benefits from their presence on their property. Since invitees provide financial benefits, the duty of care is greatest to them. Licensees are owed a lesser duty of care.
Most lawsuits are filed against a proprietor’s general liability coverage or an individual’s homeowner’s insurance.
Common Types of Premises Liability Lawsuit
- Slip and fall – Slip and fall lawsuits involve leaving a dangerous condition unremedied. If someone injures themselves, then the property owner is usually liable. Common examples include slips near beverage dispensers and icy parking lots.
- Trip and fall – Also known as Walmart lawsuits. Trip and falls usually involve a trip hazard being left in an aisle.
- Negligent security – Involves instances of assault and battery or wrongful death on another’s property. The lawsuit alleges that the property owner failed to take reasonable care to ensure the safety of their guests. Often filed against bars, hotels, and motels.
- Toxic exposure – Involves being exposed to toxic substances while on another’s property.
- Amusement park accidents – Amusement parks assume liability when someone is injured on their rides.
- Swimming pool accidents – Can happen when a child wanders into a poorly restricted pool area. Also, failure to have a lifeguard on duty can result in this type of lawsuit.
Proving a Premises Liability Lawsuit
Premises liability lawsuits can be some of the trickiest to win. The plaintiff must prove that the property owner either knew about the danger or should have known about the danger and then failed to remedy the dangerous condition. In other words, if the injury was foreseeable, then the property owner is liable. This is proven using three elements:
- The property owner owed the invitee or licensee a duty of care. Duties of care are established by law. Invitees are owed the highest duty of care while trespassers are owed almost no duty of care.
- The property owner either knew or should have known about a dangerous condition that could cause injury and then failed to do anything about it.
- You were injured as a result of the property owner’s failure to remedy a dangerous condition.
Indianapolis Injury Lawyers have litigated hundreds of premises liability lawsuits in Terre Haute. Call today to schedule a free consultation, and we can begin preparing your case immediately.