Whenever you set foot on someone else’s property, you accept at least some risk of injury from a dangerous property condition that neither you nor the landowner had prior knowledge of. However, just because landowners are not legally liable for every injury that happens on their land does not mean they are never liable for them, especially when the reason for an injury was because of the landowner’s reckless disregard for the safety of visitors.
If you were hurt in any way because of a hazardous property condition that you were not warned about in advance, you should strongly consider contacting a Crown Point premises liability lawyer. A dedicated personal injury attorney from The Law Offices of David W. Holub could help with every aspect of the case process from collecting evidence to fighting allegations that you are to blame for your injuries.
Holding a Property Owner Liable for a Breach of Duty
Property owners in Crown Point and throughout the Hoosier State are expected to protect lawful visitors from suffering preventable injuries by:
- Warning visitors about existing hazards
- Fixing hazards as quickly as possible after discovering them
- Cordoning off hazards which cannot immediately be fixed
Additionally, owners of retail stores and other properties that visitors may enter lawfully for the owner’s financial benefit must inspect their land regularly.
A property owner who fails to do any of these things has breached the “duty of care” imposed on them by state law. Any breach that directly leads to an otherwise avoidable injury qualifies as legally actionable negligence. However, landowners are generally not liable for accidental injuries sustained by unlawful trespassers on their property—with some noteworthy exceptions that a Crown Point property liability attorney could explain in more detail.
What Is Comparative Fault and How Could It Affect a Civil Claim?
People who get hurt in accidents on someone else’s property can be found partly at fault for their own injuries. Even something as seemingly innocuous as wearing shoes with no tread before slipping on an unmarked hazard in a store aisle could be seen by a court as a reason to assign a percentage of “comparative fault” to that person.
In accordance with Indiana Code § 34-51-2-6, the court could reduce the total compensation available to that person by that same percentage or, if the percentage is greater than 50 percent, dismiss their case entirely without awarding any compensation at all. Support from a skilled lawyer in Crown Point could be vital to understanding this rule and ensuring it does not unfairly impede recovery through a premises liability claim.
Contact a Crown Point Premises Liability Attorney Today
Suffering a serious injury due to a landowner’s irresponsible property management can be financially and emotionally devastating on top of being physically debilitating. Fortunately, you can seek restitution for all those losses from the property owner responsible, provided you understand and can effectively enforce your rights under Indiana law.
Guidance from a knowledgeable Crown Point premises liability lawyer could make a world of difference in your chances of obtaining the compensation you need. Call The Law Offices of David W. Holub today and schedule a consultation to get started on your claim.