Dealing with an injury is frustrating, frightening, stressful, and physically painful. It is even more frustrating when the negligence of a property owner resulted in the injury. When you enter a store, hotel, parking garage, playground, doctor’s office, or even a friend’s home, you expect to be safe from harm. You do not expect to find yourself in the emergency room.
However, if you are injured on private property, you may be entitled to receive compensation for your medical bills, lost wages, and other damages under a premises liability claim. Our Bloomington premises liability lawyer can help you file a claim to receive compensation for your losses, injuries, and damages.
Types of Premises Liability Lawsuits
There are many situations that may give rise to a premises liability claim. Examples of injuries that fall under this category of personal injury include:
Slip and Falls -Slip and falls are the most common type of premises liability. A property owner has a duty to ensure that the premises are safe. Examples of conditions that may cause a slip and fall include ice on the sidewalk, slippery floors, uneven carpet, stacked boxes, broken stairs, missing handrails, and insufficient lighting.
Dog Attacks – Dog attacks are also common premises liability claim. A dog owner also has a duty to ensure his dog is restrained or contained, so it does not hurt a person or another animal. Other animal attacks can also fall under this category of personal injury.
Swimming Pool Accidents – Swimming pools are wonderful for exercise and recreation; however, they can also be very dangerous. Property owners must take precautions to secure their pools to prevent someone from being injured, even if that person wanders on the property uninvited.
Negligent Security – This is common in malls and shopping centers due to insufficient lighting and a lack of security. Another common location for negligent security claims are hotels that do not take steps to protect guests.
Falling Objects – Falling objects in stores and on job sites can be extremely dangerous. If someone is struck by a falling object on private property, the property owner can be held liable for injuries.
There are many circumstances that can give way to a premises liability claim. For example, injuries related to escalators and elevators fall under premises liability. Playground accidents, amusement park injuries, and entertainment venue injuries can also fall under premises liability. It all depends on the facts of the case.
How Do You Prove a Premises Liability Claim?
In order to hold the property owner liable for injuries, you must prove that the property owner knew or should have known a dangerous condition existed on the property. You must also prove the owner did nothing to remedy the dangerous condition and you were injured because of the condition. An owner must warn anyone entering the property of any dangerous conditions that could exist. For example, the “Floor is Wet” sign employees place at the front of a store during rainstorms.
Under Indiana law, if you are trespassing on another person’s property, you may not be entitled to file a premises liability claim. A property owner has a duty not to commit an intentional act to hurt a person who is on the property, but the duty does not rise to the same level that it does for an invitee. An invitee is on the property as a guest, customer, or visitor. In other words, an invitee has the owner’s permission to be on the property. As a note, children are not held to the same standard as an adult. If a child wanders onto your property and he is injured, you could be held liable under some circumstances.
Call A Bloomington Premises Liability Lawyer For More Information
If you have been injured on private property, we want to help you recover the compensation you deserve. Call The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 to schedule a free legal consultation with a Bloomington premises liability lawyer.