Madison And Columbus Premises Liability Lawyers

If you have been injured in a trip-and-fall or slip-and-fall accident on someone else’s property, you may be entitled to compensation for your injuries. The property owner, be it a business or personal residence, has the responsibility by law to maintain their property in a reasonably safe condition for invitees (persons there by invitation or as a business customer) on that property. These types of cases are called premises liability cases.

Evaluating premises liability cases is very complex; it requires the use of a skilled and experience attorney. Our office has handled premises liability cases for well over three decades. Evaluating these cases often require the use of experts in human factors and OSHA safety regulations for maintenance workers.

Navigating A Premises Liability Accident Claim In Indiana

It is very important if you are involved in a fall injury to immediately take photographs of the area in which you fell and note or photograph if there are any cones or warnings of the hazard. Also, get the names and phone numbers of all witnesses to the accident/fall. Ask the property owner if they knew about the hazard (ice, puddle on the floor, trip hazard) before you fell or if they were trying to do anything about it. The information the property owner gives you at the time of your fall may be the best evidence that you have in your case that the property owner was neglectful in protecting those on their property.

Certainly, it is important to retain an attorney quickly in these cases. Be very careful about giving recorded statements to the insurance company before speaking to or meeting with an attorney. At times, insurance companies will attempt to get you to say you were not paying attention or not watching where you were going, attempting to place all blame for your fall on you instead of the hazard located on their property.

Seek medical treatment for your injuries immediately. A delay in treatment is often seen by insurance companies as a way of arguing that you ‘were not really hurt’ in the accident. Report all your pain and limitations to your doctor so that they can record your condition accurately in your medical records.

If you were hurt in a fall accident while at a store, a restaurant, a business, or even someone’s home; remember that the property owner has the responsibility under Indiana law for safely maintaining their property. You can and should be compensated for your damages.

How Long Do I Have To File A Premises Liability Claim In Indiana?

In Indiana, a claimant can file a premises liability lawsuit against the property owner who has caused their injury because of their establishment’s unsafe conditions. The deadline for filing a premises liability claim is two years from the day of the incident. However, if the establishment is government-owned property, such as public transit infrastructure or a defective public sidewalk, the legal framework is shorter and more complex.

If an individual wishes to file a premises liability lawsuit against the local government, there is a mandatory “tort claim notice” that they have to provide first within a 180-day period. Once they have submitted the notice, they must either wait for the government’s response within the next 90 days or proceed with the lawsuit if their claim gets denied.

To ensure a smooth legal process from start to finish, claimants must seek prompt guidance from a local personal injury lawyer who can protect their rights and is knowledgeable of premises liability law and the state’s legal requirements.

What Do I Need To Prove To Recover Compensation In An Indiana Premises Liability Claim?

To succeed in your premises liability case, you must be less than 50% at-fault for the accident and be able to establish three vital elements:

• The property owner owed you a “duty of care” to protect you from harm
• The property owner breached their duty
• The breach has led to your accident, which caused you to become injured

Because Indiana follows modified comparative negligence laws, your compensation amount will be reduced by your percentage of fault. However, if your fault is 51% or higher, you recover nothing.

To build a strong case with your lawyer, you must submit a copy of your medical records, take photos and videos from the scene of the incident, gather witness statements and request maintenance records that can help prove the property owner’s negligence.

Schedule A Consultation With An Indiana Premises Liability Attorney Today

You do not have to face this challenge on your own. To start your path to recovery, schedule an initial consultation at West Sixth Law with one of our experienced lawyers by calling our Madison office at 812-916-7513 or sending us an email through our contact form. We also have branches in Columbus, Lawrenceburg, and Louisville, Kentucky, and are available by appointment.