Premises Liability

Evansville Premises Liability Lawyer

Providing Compassionate Legal Representation to Accident Victims Hoping to Obtain Justice and Recover Compensation

When we enter someone else’s property, whether that be a retail store, private residence, or publicly owned property, we expect that the property owners and managers have taken reasonable steps to ensure our safety and the safety of our loved ones. When property and business owners fail to exercise reasonable care to protect their visitors from unsafe conditions, accidents can occur, sometimes resulting in serious injuries.

These types of personal injury cases fall under the umbrella of Indiana’s premises liability laws, which can be complex areas of the law and often require experienced representation to ensure that the injured party reaches a favorable conclusion to their legal issues. At our Evansville law firm, our personal injury attorneys are well-versed in these and other related practice areas. This makes us highly qualified and uniquely skilled legal professionals capable of assisting you throughout the process of your claim.

What is Premises Liability? 

Premises liability cases involve instances where individuals are injured on someone else’s property due to dangerous conditions. However, there is only a valid claim in situations where the property owners, management staff, renters, or other responsible parties are negligent or malicious in their behavior and fail to fulfill their duty of care to all lawful visitors on the property. Additionally, it must be shown that the breach of duty of care owed to the visitor was the direct cause of their severe injuries.

In premises liability cases, plaintiffs allege that they sustained damages because of negligence and unsafe conditions on the defendant’s property, regardless of whether it was a business, private home, public facility, or other property. Several factors and criteria must be met to successfully file a claim, including demonstrating that the duty of care existed, was breached, and that the breach caused the injury. Things become more complicated from there, as injured plaintiffs and their legal representatives must also demonstrate that the property owners or other potentially liable parties failed to prevent injuries by neglecting to warn of potential hazards, remedy those hazards promptly, or perform routine inspections and repairs that would have identified these hazards.

Our Evansville slip and fall accident and premises liability lawyers have extensive experience in these legal matters. We will explore all possibilities to establish the property owner’s negligence, enabling you to pursue a favorable outcome in your case.

Do Property Owners and Managers Owe a Reasonable Duty of Care to Visitors in Indiana? 

Indiana laws categorize visitors to public and private premises into three categories: invitees, licensees, and trespassers.

Invitees are individuals who are specifically invited onto the premises by property owners and are owed the highest duty of care under state laws. Examples of invitees include customers, patrons, and shoppers in commercial properties, as well as those who are invited into a residential property for either work or personal reasons.

Licensees are individuals who enter property without any direct invitation but are otherwise permitted to set foot on the premises. The permission to enter the premises could be either written, spoken, or implied. Examples could include individuals authorized to use private pools and those who pass through parking lots without entering the commercial businesses themselves.

The trespasser designation is reserved for individuals who enter another person’s property without express permission or implied consent. Regardless of whether someone commits a crime in the act of trespassing, they will still be considered trespassers and are owed the lowest duty of care.

What Are Some of the Different Premises Liability Cases Our Legal Team Represents? 

There are several different types of premises liability cases and causes for those accidents. Our law firm represents all types of these legal issues to help injured victims obtain the legal representation they deserve during some of the most challenging days of their lives.

Some of the examples of premises liability cases we represent include the following:

  • Stairway, elevator, and escalator accidents
  • Inadequate security incidents, particularly those in high-crime areas
  • Accidents caused by poor construction and building code violations
  • Trip or slip and fall accidents, which are commonly caused by slick surfaces and other factors
  • The use of subpar building materials
  • Improper or inadequate maintenance, such as poorly maintained handrails and sidewalks
  • Defective electrical wiring incidence, which can cause electrocution
  • Falls caused by insufficient lighting
  • Inadequate crowd control at special events
  • Swimming pool accidents, including falls and near-drowning incidents
  • Exposure to toxic substances and chemicals
  • Dog bites and animal attacks
  • Collapsing scaffolding and decks
  • And more

Premises liability accidents commonly occur in supermarkets, restaurants, bars, grocery stores, shopping malls, personal homes, and rental properties, as well as at concerts, sporting events, hotels, and resorts. By gathering evidence, such as police reports, witness statements, and other relevant documents, our premises liability and slip and fall lawyers will do everything possible to help you recover the maximum compensation your case is worth.

What Are Common Premises Liability Injuries That Victims Suffer? 

Because of the wide variety of premises liability cases, victims can suffer various injuries, ranging from minor to catastrophic.

Common serious injuries seen in premises liability cases include the following:

  • Traumatic brain injuries, concussions, and other forms of head trauma
  • Spinal cord injuries, which can result in complete or partial paralysis
  • Oxygen deprivation, such as in instances of smoke inhalation or near-drowning
  • Various types of violence, including assault, rape, and gun violence, which were caused in part by inadequate security
  • Back and neck injuries, as well as broken bones or fractures
  • Disfigurement and extensive scarring, which can commonly occur in dog bites and other animal attacks
  • Poisonings
  • Dislocated joints
  • Fatal injuries, which can give rise to a wrongful death lawsuit

How Can Our Personal Injury Lawyers Help Prove Liability and Win Your Case?

Because of the many complexities of premises liability cases, we must encourage you not to proceed unless you have professional legal counsel in your corner. If you think you have a valid premises liability claim and are ready to take legal action, our law firm stands prepared to work on your behalf throughout the process of filing your claim, negotiating with insurance companies, and taking your case to trial if necessary. Our legal team has a proven track record of success, having represented clients and families throughout Indiana for years.

As your legal representatives, we will work tirelessly to prove negligence and show that property owners or occupiers were negligent in maintaining safe conditions for lawful visitors. We will explore various legal options, including raising the possibility of attractive nuisance claims or filing lawsuits against multiple responsible parties.

To learn more about the benefits of retaining our legal services and your personal injury case, please get in touch with our Evansville office to request a free initial consultation today. We look forward to speaking with you.

What Sort of Financial Compensation is Possible with a Successful Wrongful Death or Personal Injury Claim? 

If you can prove that the negligent party can be held liable for damages, you may be able to recover compensation to help address your financial and non-financial losses that stem from your unfortunate incident. Your settlement will be provided in economic and non-economic damages. 

Potential financial recovery in your premises liability lawsuit could include the following:

  • Past medical bills and future medical expenses, including the cost of rehabilitation services, necessary surgeries, and prescription medications
  • Lost wages if you were forced to miss time from work, and lost income-earning capacity if you are unable to return to your former line of employment
  • Property damage, which can compensate you for necessary repairs or replacements
  • Emotional distress, mental anguish, and physical pain and suffering damages
  • Punitive damages, which a judge may award in extreme cases of neglect
  • Wrongful death damages, which can be recovered in fatal accidents, can compensate surviving family members for funeral, burial, and memorial expenses, and more

Schedule a Free Consultation with Our Evansville Premises Liability Attorneys Today

If you or a family member were harmed on someone else’s property, our lawyers will explore all options to ensure that the responsible parties are held liable for their negligence and that you can recover a fair settlement that compensates you for relevant medical treatment, lost wages, and other economic or non-economic damages.

Our experienced attorneys and legal staff approach each case with compassion and respect that our clients deserve, ensuring that they feel supported throughout the entire process and capable of making informed decisions about how to proceed in their legal matters. While we treat our clients with compassion and humanity, we also work tirelessly to defend their legal rights and assist them in negotiations with insurance companies, as well as courtroom trials. To begin the process of filing your premises liability claim, contact our Evansville, Indiana, law office to request a free case review today.

You can get in touch with us by calling 812-213-4551.

Go with Experience. Go with Gerling.