If you’ve been injured on someone else’s property in Indiana, you’re probably frustrated, in pain, and unsure of what comes next. Whether you slipped in a store parking lot or fell down crumbling stairs, your case often falls under what’s called “premises liability.”
Let’s break down what this means for you, your rights, and what to expect if you’re thinking about filing a personal injury claim in Indiana.
What Is Premises Liability in Indiana?
Premises liability covers injuries that happen on another person’s property. This can be any home, business, or public space that wasn’t reasonably safe.
Here are a few real-world examples that can fall under premises liability:
- A broken stair gives out while someone is walking down it.
- Poorly lit parking lots lead to a trip and fall after business hours.
- A grocery store’s snow removal hides a curb, causing someone to break their arm.
- A freezer leak at a supermarket causes a puddle no one cleaned up.
- A bar knowingly lets aggressive and intoxicated customers leave, and someone ends up getting hurt.
These are not just accidents. They may be the result of someone failing to maintain a safe environment and that’s what the law calls negligence.
The Legal Duty Property Owners Owe You
Under Indiana law, property owners and businesses have a responsibility to keep their premises reasonably safe for people they invite in. This includes customers, delivery workers, and even social guests; people legally referred to as invitees. A landowner owes the highest duty to an invitee: “a duty to exercise reasonable care for his protection while he is on the landowner’s premises.” Burrell v. Meads, 569 N.E.2d 637, 639 (Ind. 1991).
If a store opens its doors for business, it has an ongoing duty to make sure the walkways are clear, spills are cleaned up, and hazards are dealt with. That means not just salting icy sidewalks at 6:00 a.m. and calling it a day. It means actively monitoring conditions and fixing issues throughout the day.
The law doesn’t require property owners to predict the unpredictable (like an airplane falling from the sky). But it does require them to take reasonable steps to prevent foreseeable harm.
What Counts as “Notice” of a Hazard?
One of the most important pieces of a premises liability case is showing that the property owner knew or should have known about the danger.
Let’s say a freezer leaks and causes a puddle in a grocery store aisle. If no employee saw it before someone fell, does that mean the store isn’t liable? Not necessarily. The law looks at whether they should have seen it. If stores are prone to leaks, they’re expected to monitor the area regularly. If they failed to do so, that’s a problem.
In short, “I didn’t see it” isn’t a get-out-of-jail-free card if they weren’t doing their job in the first place.
What If You Were Distracted When You Fell?
Not every case is perfect. Maybe you were checking your phone. Maybe your kids were fighting and you were rushing. That doesn’t automatically disqualify your case.
Indiana follows a comparative fault system. This means if you’re partly responsible for what happened, your compensation can be reduced by your percentage of fault. However, if your share of fault is greater than the combined fault of everyone else involved, you’re barred from recovery. See Ind. Code § 34-51-2-6. So as long as you’re not more than 50% at fault, you may still be entitled to compensation.
Common Misconceptions About Premises Liability
“It’s just a slip and fall. It’s not a real case.”
This is a lie insurance companies love to push. A fall that breaks a bone, causes a concussion, or leads to chronic pain is absolutely a real injury.
“I was clumsy. It’s my fault.”
Clumsiness doesn’t excuse unsafe property conditions. If someone invites you onto their property, they owe you a safe path to walk.
“The property owner didn’t know, so they’re not responsible.”
If they should have known, they can still be liable. Reasonable inspections and maintenance are part of their job.
How the Marc Lopez Law Firm Can Help
Navigating a personal injury claim on your own can feel overwhelming, especially when you’re hurt, fielding calls from insurance adjusters, and trying to keep up with daily life. That’s where we come in.
At the Marc Lopez Law Firm, we’ve handled all types of premises liability cases. From icy sidewalks to unsafe bars to busted stairs, we know how these cases work.
We help by:
- Gathering evidence and investigating your case
- Handling all communication with the insurance company
- Negotiating for a full and fair settlement
- Preparing for court if they won’t offer what you deserve
And remember: you don’t pay us unless we win.
What to Do If You’ve Been Injured on Someone Else’s Property
If you’ve suffered a slip, trip, or fall due to someone else’s negligence, here are some important steps to protect your case:
- Get medical attention right away. Your health comes first, and medical records help prove your injury.
- Report the incident. Tell a manager, property owner, or employee. Ask for a copy of any written report.
- Take photos. If possible, snap pictures of the hazard, your injuries, and anything that might be important later.
- Don’t give recorded statements to the insurance company. Talk to an attorney first.
- Call an Indiana injury lawyer. The sooner you get legal advice, the better your chances of recovering compensation.
We’re Ready to Help
You didn’t ask to get hurt. But now that it’s happened, you don’t have to go through this alone. The Marc Lopez Law Firm is here to stand up for your rights and fight for the compensation you deserve.
Call us at 463-288-6270 or fill out the contact form on our website. Let us turn your frustration into compensation.
