Landowners have certain responsibilities in ensuring the safe condition of their property to limit the risk of injury to visitors. Failure to uphold these duties can result in a landowner’s liability for injury to others and the damages they incur. A Portage premises liability lawyer from The Law Offices of David W. Holub could pursue legal claims arising from this liability to recover compensation against property owners for their role in causing an injury. 

Our seasoned personal injury attorneys value an aggressive representation style that puts the client’s case in a position of strength. Give us a call to discuss your legal options today.

Liability of a Landowner for an Injury on Their Property

The duty that a landowner has to visitors on their property depends on that visitor’s purpose in being on the land and their relationship to the property owner. Property owners generally have the strongest duty toward visitors on their land for commercial or social purposes. 

For example, a customer entering a retail store. These property owners must exercise care in discovering and addressing property conditions that pose an unreasonable risk of harm to visitors. A property owner’s failure to meet this duty can take many different forms but often involves the following types of issues, such as: 

  • Leaving spills, debris, and other items that create a risk of slip or fall accident
  • Not warning visitors about known conditions that are dangerous or create a risk of injury
  • Exposing visitors to harm from dangerous equipment, machinery, and other artificial hazards

In comparison, landowners have fewer duties to trespassers on their property. They must only protect them from more intentional acts that cause injury after discovering their presence on the property under Indiana Code § 34-31-11-3. It’s important to note that premises liability can extend to more parties than just a property owner and could apply to a tenant or another lawful occupant on the land. An experienced Portage lawyer could investigate and review the cause of injury on another person’s property to identify parties with potential liability. 

Recovering Compensation Under a Theory of Premises Liability in a Personal Injury Lawsuit

Injury suffered because of a property owner’s neglect or failure to protect their visitors may warrant the filing of a personal injury lawsuit. Our Portage premises liability attorneys could initiate this process and advocate for the rights of a client throughout the litigation process. The amount of compensation recovered through a settlement or verdict at trial will depend on the nature of damages in a case, which is usually a direct result of an injury’s severity. In any case, it’s possible that compensation could be available for damages, including lost earnings, medical care, and a client’s pain and suffering endured from the incident. 

One potential limiting factor in the compensation awarded to an injured plaintiff is claims of contributory fault. A property owner may claim an injured party also shared in the fault of an incident because of their negligence. For example, a customer suffering injury after entering an area of a commercial property clearly marked for employees only. I.C. § 34-51-2-5 and I.C. § 34-51-2-6 limit a plaintiff’s recovery against others by their percentage of fault and could prevent any recovery in cases where their contributory fault is over 50 percent. 

Enlist the Help of a Portage Premises Liability Attorney Today

A Portage premises liability lawyer at The Law Offices of David W. Holub could develop available arguments to mitigate claims of contributory fault and maximize compensation in a case. The deadline to file a personal injury lawsuit related to premises liability in Indiana is generally two years under the statute of limitations. Schedule a free case review with our office today.

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