Protecting your rights, pursuing compensation, and helping you recover after an injury on someone else’s property.
PHONE
FAX
GET IN TOUCH
Free Case Evaluation
Please fill out the form below to request your Free Case Evaluation.
Error: Contact form not found.
Results may vary depending on your particular facts and legal circumstances.
Indianapolis Premises Liability Attorneys
Understanding Indianapolis Premises Liability Law
Premises liability law in Indianapolis holds property owners legally responsible for injuries that occur on their property due to unsafe conditions. Under Indiana law, the duty of care owed to visitors varies significantly based on their legal status when the injury occurred.
Legal Classifications That Affect Your Case
Indiana premises liability law distinguishes between three types of visitors:
Invitees receive the highest level of protection. Business customers, restaurant patrons, and other visitors invited for commercial purposes fall into this category. Property owners must inspect for hazards and warn of or remedy dangerous conditions.
Licensees include social guests and others with permission to be on the property. Property owners must warn of known dangers but are not required to inspect for hazards.
Trespassers receive minimal protection, though property owners cannot willfully or wantonly harm them. The attractive nuisance doctrine provides special protection for children who may be injured by dangerous conditions that attract them to the property.
Indiana’s Modified Comparative Fault Rule
Indiana follows a modified comparative fault system under Indiana Code 34-51-2-6. This means you can still recover damages even if you share some responsibility for your injury, provided you are less than 51% at fault. However, your compensation will be reduced by your percentage of fault.
Common Types of Premises Liability Cases in Indianapolis
Our Indianapolis premises liability attorneys at Kaushal Law, LLC handle a wide range of property-related injury cases:
- Slip and Fall Accidents: Wet floors, icy sidewalks, uneven surfaces, and poor lighting. Our slip and fall attorneys specialize in these cases.
- Inadequate Security Claims: When violent crimes occur due to insufficient security measures
- Defective Building Conditions: Broken handrails, damaged staircases, faulty elevators
- Swimming Pool Accidents: Inadequate fencing, broken safety equipment, or lack of supervision
- Dog Bite Incidents: Indiana follows a modified one-bite rule for animal attacks. Contact our Indianapolis dog bite attorneys for these cases.
- Falling Objects: Improperly stocked shelves or inadequately secured objects
Who Can Be Held Liable in Indianapolis Premises Liability Cases?
Multiple parties may share responsibility for your injury:
- Property owners bear primary responsibility for maintaining safe conditions
- Tenants may be liable for areas under their control
- Property management companies often handle maintenance and security
- Maintenance contractors can be responsible for negligent repairs
- Business operators must ensure customer safety in commercial spaces
What Compensation Is Available for Indianapolis Premises Liability Claims?
Our Indianapolis premises liability attorneys pursue full compensation for all damages:
Economic Damages
- Medical expenses and hospitalization costs
- Lost wages and reduced earning capacity
- Property damage in relevant incidents
Non-Economic Damages
- Physical pain and suffering
- Emotional distress and trauma
- Loss of enjoyment of life
- Permanent disability compensation
Punitive Damages
In cases involving willful misconduct or gross negligence, Indiana law allows punitive damages up to three times compensatory damages or $50,000, whichever is greater.
How Long Do I Have to File a Premises Liability Claim in Indianapolis?
Indiana law imposes a strict two-year statute of limitations for premises liability claims under Indiana Code 34-11-2-4. Missing this deadline typically bars your right to pursue compensation, making prompt legal action essential.
Why Choose Kaushal Law LLC for Your Indianapolis Premises Liability Case?
Comprehensive Investigation and Evidence Preservation
We immediately begin preserving critical evidence:
- Security camera footage and surveillance recordings
- Incident reports and maintenance records
- Safety inspection documentation
- Witness statements and expert testimony
- Photographic evidence of hazardous conditions
Proven Track Record Against Insurance Companies
Insurance companies routinely deny or minimize premises liability claims. Our attorneys understand their tactics and build compelling cases that demonstrate clear liability and full damages.
Can I Recover Damages if I Was Partially at Fault for My Injury?
Yes, under Indiana’s modified comparative fault law, you can recover damages if you are less than 51% responsible for the accident. Your compensation will be reduced by your percentage of fault.
What Should I Do Immediately After Being Injured on Someone’s Property?
- Seek immediate medical attention
- Document the scene with photographs
- Gather witness contact information
- Report the incident to the property owner or manager
- Contact an experienced premises liability attorney as soon as possible
Indianapolis Premises Liability Attorneys Ready to Help
Our comprehensive personal injury practice includes related areas that may apply to your case:
- Personal Injury Attorneys – Complete injury representation
- Slip and Fall Attorneys – Specialized slip and fall representation
- Motor Vehicle Accident Attorneys – Vehicle-related injury claims
- Wrongful Death Attorneys – Fatal premises liability cases
- Dog Bite Attorneys – Animal attack claims
Most Asked Topics
What Indiana Cities Can We Handle Your Premises Liability Case?
How Long Does It Take to Resolve a Premises Liability Case in Indiana?
Timeline varies significantly based on case complexity, injury severity, and willingness to settle. Simple cases may resolve in months, while complex cases requiring extensive medical treatment or disputed liability may take years. Your attorney can provide a more specific timeline based on your case details.
How Do I Prove the Property Owner Knew About the Dangerous Condition?
Evidence may include maintenance records, previous incident reports, surveillance footage, witness testimony, and documentation showing the condition existed long enough that reasonable inspection would have discovered it. Property owners are expected to conduct regular inspections and address known hazards promptly. The American Bar Association provides educational resources on understanding legal standards for property owner responsibilities.
Who is Responsible When I’m Injured on Rental Property in Indiana?
Liability depends on the specific circumstances and lease agreements. Both landlords and tenants may share responsibility depending on who controls the area where the injury occurred and who is responsible for maintenance. Generally, landlords are responsible for common areas and structural issues, while tenants handle areas under their direct control.
What if the Property Owner Claims I Was Trespassing?
Even trespassers have some legal protections in Indiana. Property owners cannot willfully or wantonly injure trespassers, and special rules apply to children under the attractive nuisance doctrine. However, the level of care owed to trespassers is significantly lower than that owed to invitees or licensees.
Can I Sue for Inadequate Security in Indiana?
Yes, if inadequate security contributed to your injury, you may have a claim for negligent security. This often applies in cases involving assaults, robberies, or other crimes that could have been prevented with proper security measures like adequate lighting, working cameras, or security personnel. Our Indianapolis criminal defense attorneys can also help if you face charges related to the incident.
How Much is My Indiana Premises Liability Case Worth?
Case value depends on multiple factors including the severity of your injuries, medical expenses, lost wages, pain and suffering, and the degree of negligence involved. Economic damages cover measurable losses, while non-economic damages compensate for pain, suffering, and reduced quality of life.
What Happens if I Miss the Two-year Deadline for Filing?
Missing Indiana’s two-year statute of limitations typically bars your right to pursue compensation permanently. However, rare exceptions may apply in cases involving minors, mental incapacity, or fraudulent concealment of the injury’s cause. Immediate legal consultation is essential to protect your rights.
Do I Need a Lawyer for My Indiana Premises Liability Case?
While not legally required, premises liability cases involve complex legal standards, insurance company tactics, and significant evidence gathering. An experienced attorney can properly investigate your case, preserve crucial evidence, and negotiate with insurance companies to maximize your compensation. If you’re facing related criminal charges, our Indianapolis OVWI attorneys can help with those matters as well.
Take Action Today by Calling Kaushal Law
Kaushal Law is committed to helping injured Indiana residents recover the full compensation they’re entitled to after a premises liability incident. From slips and falls to negligent security, we fight to protect your rights and pursue justice through insurance negotiations, settlements, or court trials.
Call or contact Kaushal Law today to discuss your premises liability case and take the first step toward recovery.
Explore the Personal Injury Cases We Handle at Kaushal Law, LLC in Indiana
At Kaushal Law, LLC, we represent clients throughout Indiana in a broad range of personal injury matters, focusing on results, personalized strategies, and compassionate support.
Whether you’ve been hurt in a motor vehicle accident, injured due to unsafe property conditions, or harmed in a workplace incident, our team is dedicated to guiding you through every stage of the legal process. We build each case on careful investigation, strategic legal advocacy, and a commitment to securing the maximum compensation you deserve.
Prev
