Premises liability covers a wide range of incidents, including slip and falls, inadequate maintenance, faulty construction, falling objects, and accidents caused by insufficient security measures.
You didn’t expect it. One moment you were walking through a store, visiting a neighbor’s home, or crossing a parking lot. Next, you were on the ground, in pain, and unsure of what had just happened. Injuries caused by hazardous property conditions are disorienting and often life-changing. Beyond the physical pain, victims frequently face mounting medical bills, lost income, and a tangle of unanswered questions about their legal rights.
Indiana law gives injury victims a path forward. Under premises liability law, property owners can be held financially responsible when their negligence causes harm to others. At Arshad, Pangere & Warring, LLP, we are committed to holding those property owners accountable and fighting for the compensation our clients deserve.
Premises liability is a branch of injury law that applies when someone suffers an injury due to unsafe or poorly maintained property. These cases address a wide range of incidents, including slips and falls, injuries from broken railings, steps, or flooring, and retail store accidents.
Under Indiana law, a property owner’s duty of care depends on the visitor’s status. Courts recognize three categories: trespassers, licensees, and invitees. Trespassers receive the least protection, while invitees, those who enter a property for reasons that benefit the owner, like customers in a store, receive the highest level of care. Owners must identify and fix dangerous conditions for invitees or, at a minimum, warn them of known hazards.
Indiana courts also apply a modified comparative fault rule. If a victim is found to be more than 50% at fault for their own injury, they cannot recover damages. For this reason, how fault is established matters significantly.
Building a strong claim requires solid evidence. To succeed, an attorney must show that the property owner held a duty of care, breached it, and that the breach directly caused the injury. Useful evidence includes:
People who sustain injuries due to premises liability may be entitled to both economic and non-economic damages. Economic damages are awarded to cover quantifiable financial losses, including medical expenses and lost income. Non-economic damages are for intangible harms such as pain, suffering, emotional distress, and diminished quality of life.
In some cases involving gross negligence, fraud, or malice, courts may also award punitive damages. Indiana law caps punitive damages at the greater of $50,000 or three times the combined economic and non-economic damages. Victims should also be aware that Indiana’s statute of limitations gives them only two years to file a claim.
Premises liability cases require a detailed comprehension of Indiana law and the ability to anticipate defense strategies. Your legal representative will gather and preserve evidence, assess the extent of your damages, counter arguments about comparative fault, and negotiate aggressively with insurance companies. When a settlement is not appropriate, your attorney will take your case to court.
At Arshad, Pangere & Warring, LLP, our attorneys are experienced with premises liability claims. We apply our skills to achieve the best possible outcome for our clients.
If you or a loved one has been injured on someone else’s property, you may have legal options available to you. The team at Arshad, Pangere & Warring, LLP takes a client-first approach to every premises liability case we handle. Contact our office today to schedule a consultation and find out how we can help you pursue the compensation you are owed.
Premises liability covers a wide range of incidents, including slip and falls, inadequate maintenance, faulty construction, falling objects, and accidents caused by insufficient security measures.
Indiana follows the comparative fault rule, meaning you can still recover compensation even if you are partially at fault. However, your portion will be reduced by the percentage of fault attributed to you, and your share of the fault must not exceed 50%.
An attorney experienced in premises liability law can help gather evidence, build a strong case, negotiate with insurance companies, and represent you in court, maximizing your likelihood of obtaining fair compensation.
Yes, under Indiana’s statute of limitations, you typically have two years from the date of the injury to file a premises liability lawsuit. Failing to do so within this timeframe can result in losing the right to seek compensation.
Compensation in premises liability cases can include coverage for medical expenses, lost wages, pain, suffering, and other damages resulting from the injury.
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