If you have been hurt on privately owned property, now is the time to consider your legal options. You might have a case for compensation if the owner failed to take reasonable steps to protect you from harm.
A Terre Haute private property premises liability lawyer can answer your questions and advise you of your legal rights. Before you consider attempting to file a lawsuit on your own, learn how a dedicated premises liability attorney can help you maximize your recovery.
Negligence claims are only successful when the responsible party owes an injured person a duty of care. In most situations, property owners owe a duty to the people on their land. This is true for private property, including residences.
The duty owed to each visitor depends on their reason for being there and whether or not they had permission. A visitor is considered an invitee if they are asked to the property for the owner’s benefit. They have the highest level of protection.
Invitees are people who are on the property with permission but for their own purposes. While they do not have the same protections as invitees, property owners must warn them of dangerous hazards.
Trespassers are people who enter the premises without authority. Most of the time, property owners do not owe them any obligation and are not liable for their injuries. The exception to this rule is when owners willfully or wantonly cause a trespasser’s injury.
There are numerous ways a person can suffer an injury on private property. One of the most common types of incidents is a fall, which can occur as the result of tripping hazards, slick surfaces, or even dim lighting. Other types of incidents include the following:
Any of these circumstances could lead to a case for compensation. Learn how a private property premises liability lawyer in Terre Haute can help.
The owner could be liable when accidental injuries occur on someone else’s property. However, there are also times when the injured person’s actions are partially to blame. Indiana resolves these questions of shared liability through a system known as comparative fault.
Under the law, bearing some responsibility for the accident on another person’s property does not automatically limit an injured person’s chance to seek compensation. They are allowed to seek damages from the property owner as long as they are not at least 51 percent or more at fault for their own injuries.
Even though an award may be possible for a person who shares in the fault, a jury is required to reduce the total award by the plaintiff’s share of responsibility. For example, an injured party who was 20 percent at fault will have their total recovery reduced by that same degree.
Comparative fault can take different forms. It might involve someone wearing the wrong footwear for the occasion or ignoring warning signs of a dangerous hazard. A lawyer in Terre Haute can answer questions about comparative liability in private property accident cases.
You could be entitled to compensation if you suffered an injury due to a dangerous hazard on someone else’s property. Holding the owner accountable may be possible, but the process can take time.
Do not put yourself at risk by acting alone. Let a Terre Haute private property premises liability lawyer with Fleschner, Stark, Tanoos & Newlin help you seek justice. Schedule a consultation with our compassionate personal injury attorneys today.
Fleschner, Stark, Tanoos & Newlin
The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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