Understanding a Property Owner's Responsibility to Keep Premises Reasonably Safe
Property owners in Indiana have a legal duty to maintain their premises in a reasonably safe condition for visitors. When dangerous conditions are ignored or allowed to exist, serious injuries can occur. Slip and fall accidents, trip and fall incidents, inadequate security claims, falling merchandise injuries, and other premises liability cases often arise because a property owner failed to take reasonable steps to protect visitors from foreseeable harm.
If you have been injured on another person's property, understanding the duties owed by property owners can help you determine whether you may have a premises liability claim.
What Is Premises Liability?
Premises liability is the area of law that addresses injuries caused by dangerous conditions on property. Property owners, landlords, businesses, and others who control property may be held responsible when their negligence causes injury to lawful visitors.
These claims commonly arise from:
- Slip and fall accidents
- Trip and fall accidents
- Uneven sidewalks and walkways
- Wet floors
- Defective stairs and handrails
- Poor lighting
- Falling objects or merchandise
- Negligent security
- Dog attacks
- Dangerous parking lots
- Ice and snow accumulation
Not every injury results in liability. The key issue is often whether the property owner acted reasonably under the circumstances.
Duties Owed to Visitors
Indiana law generally requires property owners to exercise reasonable care for the safety of lawful visitors. This includes taking reasonable steps to identify, repair, or warn of dangerous conditions that could cause injury.
Depending on the circumstances, a property owner may be expected to:
- Conduct reasonable inspections of the property
- Repair hazardous conditions
- Remove known dangers
- Warn visitors of unsafe conditions
- Maintain common areas in a reasonably safe condition
- Take reasonable security measures when appropriate
- Comply with applicable safety regulations and building codes
Property owners are not automatically responsible for every accident that occurs on their property. However, they may be liable when they knew or should have known about a dangerous condition and failed to take reasonable action.
Common Examples of Dangerous Conditions
Dangerous conditions that frequently lead to premises liability claims include:
Wet Floors
Stores, restaurants, and businesses should promptly address spills and place warning signs when necessary.
Uneven Walking Surfaces
Cracked sidewalks, potholes, broken pavement, and uneven flooring can create tripping hazards.
Defective Stairs
Loose handrails, broken steps, and inadequate lighting can significantly increase the risk of falls.
Poor Maintenance
Failure to maintain parking lots, walkways, entryways, and common areas may expose visitors to unnecessary risks.
Inadequate Security
In some situations, property owners may have a duty to take reasonable precautions against foreseeable criminal activity.
How Dangerous Conditions Are Proven
A successful premises liability claim often requires evidence showing:
- A dangerous condition existed;
- The property owner knew or should have known about the condition;
- The owner failed to correct or warn about the danger;
- The dangerous condition caused the injury; and
- The injured person suffered damages.
Evidence may include photographs, surveillance video, maintenance records, incident reports, witness statements, and expert testimony.
Injuries Commonly Associated With Premises Liability Accidents
Unsafe property conditions can result in serious injuries, including:
- Broken bones
- Hip fractures
- Back and neck injuries
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Shoulder injuries
- Knee injuries
- Permanent disabilities
Many victims require extensive medical treatment and rehabilitation following a serious fall or other premises-related accident.
Why Prompt Investigation Matters
Evidence in premises liability cases can disappear quickly. Surveillance footage may be erased, dangerous conditions may be repaired, and witnesses may become difficult to locate.
Prompt investigation can help preserve important evidence and strengthen a claim. Photographs, incident reports, witness statements, and maintenance records often play a critical role in establishing liability.
Contact Doane Law Office
If you have been injured because of unsafe property conditions in New Albany, Jeffersonville, Clarksville, Floyd County, Clark County, or elsewhere in Southern Indiana, Doane Law Office can help you understand your rights.
Attorney Ken Doane has more than 25 years of experience representing injury victims throughout Indiana and Kentucky. Contact our office today for a free consultation to discuss your potential premises liability claim.
☎ Free Consultation: 812-590-2213
There is no attorney fee unless compensation is recovered on your behalf.