Many of us have tripped and fallen in our lives, and usually, nothing more than our ego is bruised. However, sometimes you can get hurt on someone else’s property, and if they were negligent, you may be able to file a claim for damages. If you were recently hurt on someone else’s property and wonder about your legal options, below is important information to consider. Have questions? Talk to an injury attorney at Blackburn Romey today.
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Indiana has a premises liability law that governs the legal process when a person is hurt on someone’s property in the state. Premises liability laws cover a variety of accidents, including:
If you were in an accident involving one of the above scenarios on someone else’s property, you should speak to a personal injury attorney today. You could be eligible for compensation in a premises liability lawsuit.
Your personal injury attorney must prove the following points for the property owner to be liable for your injuries:
What determines if the owner has to protect visitors from being injured? It depends on why you visited the property. There are three classifications to know:
Generally, Indiana property owners do not need to warn people who trespass on their properties about any dangers therein. However, Indiana has an attractive nuisance exception that may make the owner liable for an unsafe condition in these cases:
A common situation where the attractive nuisance exception could be a factor is with a homeowner’s swimming pool. If a child trespasses on the property, and there is no fence or other obstruction over or around the pool, the owner could be liable if the child trespasser is injured.
If you are injured on someone else’s property in Indiana, you may be eligible for economic and non-economic damages. Economic damages typically refer to medical expenses and lost earnings in the past and future. Non-economic damages usually mean pain and suffering.
The size of your settlement depends on the nature of your injuries and other factors. If you fall on someone’s property and break your leg, you could be entitled to more money than if you merely sprained your wrist. Your attorney should argue for the maximum amount of compensation, including future medical bills and lost earnings.
It is also important to understand the state’s comparative fault law if you were hurt in a premises liability case. Comparative fault in a personal injury case means your amount of compensation for your injuries is reduced by your percentage of fault for the accident. For example, if you have $10,000 in damages from a fall on someone’s property and you were 25% at fault, you would only receive $7,500.
It isn’t unusual for a property owner to argue that the plaintiff caused or contributed to their injuries. If they are successful with this argument, your compensation could be reduced. That is one of the reasons you should have a personal injury attorney representing you. They will fight to prove that the other party was liable for your injuries. In Indiana, however, the comparative negligence law states that you can still receive compensation if you were not more than 50% responsible for your injuries.
Some of the other arguments that the defense could make to reduce your compensation are:
It is important to talk to an Indiana personal injury attorney to ensure that you file a premises liability claim within the statute of limitations. You typically have only two years from the date of injury to file a lawsuit. The same statute of limitations applies if you only had property damage in the accident.
Were you injured on someone else’s property? The personal injury laws in Indiana allow you to seek compensation in a claim or lawsuit for your damages. Contact one of our Indiana personal injury attorneys at Blackburn Romey today for a consultation.