Premises liability is an area of personal injury law that holds property owners accountable for injuries that occur due to unsafe conditions on their property. Whether you’re shopping at a grocery store, visiting an apartment complex, or walking through a parking lot, the property owner has a responsibility to keep the premises reasonably safe. When they fail to do so, and someone gets hurt as a result, they may be legally liable for the damages.
These cases can range from slip and falls on wet floors to violent assaults due to inadequate security. If you’ve been injured on someone else’s property in Indiana, understanding your legal rights is crucial. Below, we’ll break down what premises liability means, what’s required to prove a claim, and what steps you should take if you’ve been injured.
What Is a Premises Liability Case?
Premises liability cases arise when someone is injured on another person’s property due to a dangerous condition that should have been prevented. These cases are based on the principle that property owners—whether individuals, businesses, or landlords—must take reasonable steps to ensure their property is safe for visitors.
Some common examples of premises liability cases include:
- Slip and falls – A grocery store fails to clean up a puddle from a leaking freezer, causing a customer to slip and injure themselves.
- Trip and falls – A visitor trips over an uneven sidewalk or loose flooring in a retail store.
- Inadequate security – A business knows its parking lot has a history of robberies but fails to provide proper lighting, security cameras, or security guards, leading to a customer being attacked.
- Falling objects – Shelving units in a store are improperly stocked, leading to heavy items falling on a customer.
- Unsafe stairways or railings – A tenant falls down a staircase because the handrail was broken and had not been repaired.
Who Can Be Held Liable?
In Indiana, a premises liability claim can be filed against any property owner, including:
- Businesses such as grocery stores, shopping malls, and restaurants
- Landlords and apartment complexes
- Homeowners
- Government entities (although different legal rules may apply)
The key factor is whether the property owner had a duty to maintain the property safely and whether they failed to meet that duty.
The Four Key Elements of a Premises Liability Claim
To successfully pursue a premises liability claim in Indiana, the injured party must prove four essential elements:
1. Duty of Care
A property owner’s duty of care depends on why the injured person was on the property. In general, visitors fall into three categories:
- Invitees – These are people invited onto the property for business purposes, such as customers at a store. Property owners owe the highest duty of care to invitees and must take steps to fix hazards or warn of potential dangers.
- Licensees – These are social guests or individuals who enter a property with permission but not for business reasons. Property owners must warn them of known dangers but may not have the same duty to inspect for hazards.
- Trespassers – Property owners generally owe the least duty to trespassers, but they cannot intentionally cause harm (such as setting traps). Special rules may apply to children under Indiana’s attractive nuisance doctrine, which protects children who wander onto a property due to something enticing, like an unfenced swimming pool.
For example, if a store is aware that customers have been robbed in their parking lot multiple times, they have a duty to provide security measures like better lighting or security cameras. Likewise, if a grocery store knows a freezer regularly leaks, they must clean the area and warn customers to prevent slip and falls.
2. Breach of Duty
Once a duty of care is established, the next question is whether the property owner failed to meet that duty. A breach occurs when a property owner knew (or should have known) about a dangerous condition and did nothing to fix it. Examples include:
- A landlord ignoring reports of broken staircases in an apartment complex.
- A hotel failing to repair a loose carpet in a hallway, causing guests to trip.
- A business failing to provide security despite multiple criminal incidents occurring on the premises.
It’s important to note that a property owner is not automatically responsible for every injury that occurs on their property. They can, however, be held liable if they failed to take reasonable steps to prevent foreseeable harm.
3. Causation
Causation means proving that the property owner’s negligence directly led to the injury. This means that:
- The dangerous condition must have caused the injury.
- The injuries sustained must be a direct result of that incident.
For example, if a customer slips on a puddle in a store and fractures their wrist, there is a clear connection between the store’s negligence (not cleaning the spill) and the injury. However, if someone is injured inside the store and then claims that the store should have better parking lot security, that claim might not hold up unless the two issues are directly connected.
4. Damages
Even if a property owner was negligent, there must be actual damages for a valid claim. If someone slips and falls but walks away unharmed, they likely don’t have a case. However, if they suffer serious injuries—such as broken bones, head trauma, or the need for surgery—they may be entitled to compensation.
Common types of damages in premises liability cases include:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation costs
Insurance companies often try to argue that a victim’s injuries were pre-existing, especially for older individuals or those with prior medical conditions. However, Indiana law follows the “eggshell plaintiff” rule, meaning property owners are responsible for injuries even if the victim was more vulnerable than the average person.
Why Premises Liability Cases Are Challenging
Premises liability cases are often highly contested because property owners and their insurance companies will fight to avoid responsibility. Some common defenses they use include:
- Claiming they were unaware of the hazard.
- Blaming the victim for not paying attention.
- Arguing that the injury was caused by a pre-existing condition.
Because these cases can be difficult, they often require thorough investigation, including:
- Reviewing security footage.
- Gathering witness statements.
- Examining maintenance and incident reports.
Many premises liability cases end up in litigation because property owners refuse to settle, making it essential to work with an attorney who understands how to build a strong case.
What to Do If You’ve Been Injured on Someone Else’s Property
If you’ve been injured due to unsafe conditions on someone else’s property, take these steps to protect your rights:
- Report the Incident – Notify the property owner, store manager, or landlord immediately. Ask for an incident report if possible.
- Document the Scene – Take photos and videos of the hazard that caused your injury, such as a wet floor, broken railing, or poor lighting.
- Get Witness Information – If anyone saw what happened, get their contact information in case their testimony is needed later.
- Seek Medical Attention – Even if you feel fine, some injuries take time to appear. Seeing a doctor creates a medical record that links your injury to the incident.
- Consult a Premises Liability Attorney – An attorney can evaluate your case, negotiate with insurance companies, and help you pursue compensation.
Speak With an Indiana Premises Liability Attorney
Premises liability cases can be complex, but you don’t have to navigate them alone. If you or a loved one has been injured due to a property owner’s negligence, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.
To discuss your case and explore your legal options, give the Marc Lopez Law Firm a call at 463-283-7387 today.
