What to Do If You’re Injured on Someone Else’s Property in Indiana

Sustaining an injury on someone else’s property can raise complex questions about liability and your rights. Who bears responsibility for your medical expenses? What actions should you take to safeguard your interests? Understanding your legal options is essential to protecting yourself and pursuing the compensation you deserve. At Church Church Hittle and Antrim, we have over 140 years of experience advocating for our clients. Our knowledgeable team is here to help you navigate Indiana premises liability laws with clarity and confidence, ensuring you have the support you need to move forward.

What Is Premises Liability Law?

Premises liability refers to a property owner’s or tenant’s responsibility to ensure their property is safe for visitors. If someone is injured on someone else’s property because of dangerous conditions, the property owner may be held liable under Indiana premises liability laws.

However, a property owner’s responsibility for a premises injury depends on the injured person’s status when they were on the property. Indiana property injury laws recognize the following three statuses regarding the status of an injured person.

Trespasser

A trespasser is someone who enters another’s property without permission. Property owners owe trespassers a limited duty of care. Once they know a trespasser is on their property, owners cannot willfully, wantonly, or intentionally cause harm.

Licensee

A licensee has permission to be on an owner’s property and is generally considered a social guest. Property owners cannot willfully or wantonly harm a licensee on their property, and an owner has to warn the licensee about hidden dangers the owner knows about.

Invitee

An invitee is on an owner’s property for a business or public purpose. For example, an invitee may be a shopper in a store or a customer at a diner. Property owners owe invitees the highest duty of care. Owners must act reasonably to keep their property safe and protect invitees from harm.

Premises Injury Examples

Common injuries that happen on others’ property include:

• Slip and falls—spills, uneven surfaces, or icy walkways;

• Defective conditions—broken stairs, faulty railings, or loose tiles can lead to accidents; and

• Inadequate security—poor lighting or broken doors can make areas unsafe.

Each case is unique. So, an owner’s liability depends on the specific facts surrounding the injury.

Proving Property Owner Negligence

To succeed in an Indiana premises liability claim, you must prove that:

• The property owner owed you a duty of care,

• They breached that duty because they didn’t properly address a dangerous condition,

• Their breach directly caused your injury; and

• You sustained damages.

For example, if you cut your hand on a broken doorknob in a store where no warning signs were posted, you might have grounds for a claim. Evidence such as photographs, witness statements, and medical records can strengthen your case.

Slip and Fall on Ice Settlements and Injuries Caused by Icy

Walkways

During Indiana’s winter months, icy walkways and untreated snow can pose significant risks for slip-and-fall accidents. Property owners have a duty to address winter hazards like snow and ice, especially if they create unsafe conditions for visitors. Failing to remove or treat ice and snow in a timely manner can make a property owner liable for injuries sustained on their property.

Common Ice-Related Injuries

Slip-and-fall accidents on icy walkways often result in serious injuries, including:

• Broken bones or fractures;

• Sprains or strains;

• Back and spinal cord injuries;

• Concussions or head trauma; and

• Soft tissue damage.

These injuries can lead to costly medical bills, lost wages, and long-term physical therapy, emphasizing the importance of pursuing fair compensation.

Settlements for Ice-Related Injuries

Settlements in slip-and-fall cases involving ice typically include compensation for:

• Medical expenses related to immediate and ongoing treatment;

• Lost wages due to time away from work;

• Pain and suffering experienced as a result of the injury; and

• Rehabilitation costs for long-term recovery.

To strengthen your case, it is essential to document the hazardous condition with photographs, gather witness statements, and report the incident promptly to the property owner or manager. Taking prompt action can help ensure that your claim is supported by the necessary evidence, increasing the likelihood of a favorable settlement or court judgment.

Steps to Take After You’re Injured on Someone Else’s Property

If you’re injured on someone else’s property, taking the steps below can safeguard your rights and help you build a strong case to recover damages:

• Seek medical attention. Your health comes first. Get treatment for your injuries immediately and follow your providers’ treatment recommendations.

• Report the incident. Notify the property owner or manager about your injury and document the details.

• Take photos. Capture the accident scene, including any hazards that caused your injury.

• Gather information. Collect contact details for witnesses and the property owner.

• Consult an attorney. An experienced premises liability attorney can guide you through Indiana property injury laws and help you seek compensation.

Our legal team at CCHA Law is highly experienced and passionate about protecting personal injury victims. We can guide you through every step of Indiana premises liability claims and maximize your recovery.

Damages You Can Recover for Indiana Premises Liability Claims

To obtain compensation for your injuries, you can make a claim on the property owner’s insurance or file a lawsuit. In a successful premises claim or lawsuit, you may recover:

• Economic damages to pay for your medical expenses, lost wages, and rehabilitation costs;

• Noneconomic damages to compensate you for your pain and suffering; and

• In limited scenarios, punitive damages to punish the property owner if they engaged in egregious conduct.

Please note that Indiana follows a contributory fault system, which means your compensation may be reduced if you’re found partially at fault for your injury. For example, if you ignored a warning sign before slipping and falling, you might share responsibility for your injury. However, as long as you’re not more than 50% at fault, you can still recover damages. 

Filing Your Claim on Time

You must resolve or file your lawsuit within two years. You might be barred from seeking compensation if you don’t meet this deadline. CCHA Law can help you meet this deadline and protect your rights.

Contact CCHA Law Today

When you have an injury from someone else’s negligence or bad acts, we know you wish the defendant had taken more care. Well, CCHA Law is here to take care of you now. We have been protecting and fighting for personal injury victims in Indiana for over a century, and we strive to make every client feel like family. You can contact us online or call us to schedule a free initial consultation. The trusted personal injury lawyers of CCHA Law handle premise liability and slip and fall cases throughout the state of Indiana, including Noblesville, Fishers, Carmel, Westfield, Zionsville, Indianapolis, Tipton, Fort Wayne, and beyond.