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Holding negligent parties accountable
Stores, restaurants and other organizations have a responsibility to maintain reasonably safe premises for customers and guests. When they fail to do so, they may be guilty of negligence that causes significant personal injury. If you need to take action against negligent property owners who failed to maintain adequate safety and security, a dedicated personal injury lawyer with Ward & Ward in Indianapolis can help. We have years of experience in premises liability law and are eager to help you explore your options.
The responsibility of property owners
The owners of a property must maintain premises that are reasonably safe for those who visit. If they don’t, an injury to a guest could ensue. As the victim of an injury sustained while on another’s property, you should understand the circumstances that must be present to effectively hold the property owner liable. The most common issues related to premises liability are slips and falls, which typically occur on commercial properties. Because it is assumed that customers are on the premises at the invitation and benefit of the business, the property owner has an obligation to make the facilities reasonably safe. The injured party must not have contributed to the accident, and it must be demonstrated that the owner did not take the actions required to fix a potential hazard in a timely manner.
Understanding unsafe premises
By broader definition, a building defined as unsafe by Indiana law should be reasonably identifiable as such by a prudent person. The following are identifying factors:
- Structurally impaired to an unsafe extent
- A fire or public health hazard
- A public nuisance
- In violation of building maintenance law
- Vacant and not reasonably maintained for habitation
To make your case for premises liability, you must have been “invited” to the premises and injured as a result of elements of which you were not aware, but of which the property owner was aware should have removed. A case also depends on the injured person’s status as a trespasser, invitee (invited and welcome) or licensee (allowed, but not necessarily “invited” by way of signs or constructed features). If you have questions about these stipulations and need to learn more, a personal injury lawyer at Ward & Ward can help.
What Are Some Common Slip and Fall Dangers?
Good premises liability attorneys working in Indianapolis, IN knows that every property owner has a duty of care to provide a safe and hazard-free are for people who have permission to visit the property, whether it is a business or a residential location. Yet, despite this duty of care, slip and fall accidents are one of the most common types of cases that the premises liability attorneys handle at Ward & Ward Law Firm in Indianapolis, IN . In fact, according to national statistics, there are more than one million victims who end up at hospitals each year to be treated for slip and fall injuries. The most common injuries that slip and fall victims suffer are fractured bones and bruise. There are too many cases where the victim does not survive their injuries and dies. Slip and fall accidents can happen in homes, businesses, and at a person’s workplace. Some of the common slip and fall dangers that premises liability attorneys see in Indianapolis, IN include:
- Liquid hazards on the floor: When a liquid is spilled on a floor, it needs to be cleaned up immediately because of the hazards it can pose to anyone walking on the wet surface. Without any kind of warning sign, such as the type that a business should place when they have recently cleaned the floor, most people cannot tell that there is liquid on a floor.
- Floor or ground surface issues: When the surface a person walks on has surface issues, there is a much higher risk they will slip or trip and fall. This can be uneven pavement, loose boards, or parking lot curbs that are not marked.
- Snow and ice on walkways: All walkways should be cleared of snow and ice and owners should make the best effort to ensure these areas stay clear of ice by using appropriate materials, such as sand or rock salt.
- Poor lighting: Entryways and stairwells should have adequate lighting to ensure that anyone walking in these areas can see where they are going.
- No handrails: Every municipality has building codes that must be adhered to. One of these regulations is that stairways and ramps should have handrails for users to hold on to in order to avoid falling.
- Tripping hazards: There are certain objects that pose significant risks for residents, visitor, or employees to trip. These objects include wires, rugs, mats, and cords.
- Ladders: Ladders are a falling hazards to people in the workplace.
The majority of these slip and fall factors are ones that preventable. In order to prove that the property owner was liable for the slip and fall, Indianapolis, Indiana premises liability attorneys must prove that they are the correct party who had the duty of care to keep the property hazard-free. There may be some exceptions to who the responsible party is. The second thing the attorney must prove is that there was a breach of that duty and that breach caused the accident that injured the victim. The third element that premises liability attorneys for Indianapolis, IN must prove is that the victim suffered losses because of their injury, such as medical expenses, loss of income, and pain and suffering.
Speak with a knowledgeable Indianapolis premises liability attorney
After you’ve been injured on another party’s property, call the team at Ward & Ward at 888-316-3449 or contact us online. We offer free initial consultations, and our office is conveniently located near Lucas Oil Stadium in downtown Indianapolis. We’re available 24 hours a day, seven days a week in case you need us in an emergency
728 S Meridian St
Indianapolis, IN 46225