Were you injured in a slip and fall or another type of accident on someone else’s property in Indianapolis, IN? The Indianapolis premises liability lawyers at Wilson Kehoe Winingham Injury Lawyers can help you fight for maximum compensation for your medical bills and other damages. Call (317) 920-6400 today for a free consultation.
Our experienced legal team has over 100 years of combined experience holding negligent property owners accountable. We’ve recovered millions of dollars for injured clients throughout Indiana, and we’re prepared to put our skill, resources, and dedication to work for you.
Call our law office today for a free consultation.
Why Choose Wilson Kehoe Winingham Injury Lawyers to Help With My Premises Liability Case in Indianapolis, IN?
You need an Indianapolis personal injury lawyer with the knowledge, resources, and courtroom experience to go up against negligent property owners and get justice.
Here are some reasons why you should choose Wilson Kehoe Winingham Injury Lawyers:
- Our firm has been serving Indianapolis and its surrounding areas for over 40 years.
- Members of our legal team have been recognized by Indiana Super Lawyers Rising Stars, Best Lawyers in America, and Martindale-Hubbell.
- We have successfully resolved over 4,000 cases for our clients.
Our Indianapolis premises liability attorneys are committed to protecting individuals who have been harmed because property owners failed to maintain safe conditions.
Contact our law office in Indianapolis, Indiana, today to schedule your free consultation.
What Is Premises Liability?
Property owners are legally responsible for maintaining reasonably safe conditions for people who are lawfully on their premises. When they fail to uphold that duty, innocent visitors can suffer serious harm.
Under Indiana law, property owners and occupiers owe different duties of care depending on the visitor’s legal status at the time of the injury.
Invitees
Invitees are individuals invited onto the property for the owner’s benefit, such as customers at a store.
Property owners owe invitees the highest duty of care, which includes:
- Conducting regular inspections of the property
- Repairing or removing hazardous conditions within a reasonable time
- Warning visitors of known dangers that are not immediately obvious
With invitees, owners must take proactive steps to address foreseeable harm.
Licensees
Licensees are typically social guests or others who are on the property with permission but not for business purposes. For licensees, landowners must warn of known dangers that are not obvious, but they do not have to inspect the premises for hidden hazards.
Trespassers
Trespassers are individuals who enter property without permission. Property owners generally owe them only a limited duty not to intentionally harm them.
An exception applies to children. Under the attractive nuisance doctrine, owners may be liable for failing to take proper safety precautions if a property feature could reasonably draw children to the premises and cause injury. Examples include swimming pools, abandoned buildings, etc.
What Is My Indianapolis Premises Liability Case Worth?
Every premises liability case is different, and the value of your claim depends on the facts of your accident and how your injuries have affected your life.
Factors that can influence the value of your case include:
- The extent and permanence of your injuries
- The cost of medical care, including future treatment needs
- Lost wages and diminished future earning capacity
- The degree of your pain, suffering, and emotional distress
- The impact of the accident on your quality of life
- Whether you share any fault for the incident
- The availability of insurance coverage
- Evidence of gross negligence or reckless conduct
At Wilson Kehoe Winingham Injury Lawyers our Indianapolis premises liability lawyers will carefully review the facts and calculate the full scope of your damages. Let us help you understand the value of your case during a free consultation.
What Compensation Can I Recover in a Premises Liability Case?
Victims of unsafe property conditions in Indiana may be eligible for compensatory damages.
Economic damages cover tangible financial losses related to the accident, such as:
- Emergency treatment, hospital stays, and surgery
- Rehabilitation, physical therapy, and ongoing medical care
- Prescription medications, medical devices, and home modifications
- Lost wages and diminished earning capacity
- Property damage and out-of-pocket expenses
Non-economic damages cover intangible losses that are more personal in nature. These include.
- Physical pain and suffering
- Mental anguish, anxiety, and depression
- Disfigurement or scarring
- Loss of enjoyment of life
- Loss of consortium in cases where relationships are impacted
In rare cases, Indiana courts may also award punitive damages if the property owner’s conduct was extremely reckless or if they intentionally harmed you. Our legal team can help identify every type of compensation available so that you know what your case may truly be worth.
Can I Still Recover Compensation if I Am Being Blamed for an Accident in Indiana?
It’s common for property owners and insurance companies to blame visitors/guests for their accidents. Fortunately, Indiana follows a modified comparative fault rule, which means you can still recover compensation if you are less than 51% at fault. However, your damages will be reduced in proportion to your percentage of fault.
For example, if your damages total $100,000 but you are found to be 20% at fault, you could still recover $80,000. However, if you are 51% or more at fault, you cannot recover compensation.
Property owners may argue that you weren’t paying attention, ignored posted warnings, or were wearing unsafe footwear. Our attorneys know how to challenge these claims and ensure fault is properly assigned.
How Much Does It Cost to Hire a Premises Liability Lawyer?
Most premises liability lawyers, including ours, work on a contingency fee basis. This means you pay nothing up front for their legal services. Instead, their fees are a percentage of the financial award they recover for you. If they don’t win your case, you won’t owe them anything. This arrangement allows you to pursue justice without financial stress.
What Are Common Causes of Premises Liability Injuries in Indianapolis?
Accidents caused by unsafe property conditions can happen almost anywhere, including shopping malls, grocery stores, apartment complexes, hotels, office buildings, or private homes.
Some of the most common hazards in Indianapolis premises liability cases include:
- Wet or slippery floors without warning signs
- Uneven or cracked sidewalks, parking lots, or pavement
- Poor lighting in hallways, stairwells, or parking garages
- Loose rugs, mats, or extension cords
- Broken or missing handrails on staircases
- Untreated ice, snow, or rain accumulation
- Falling merchandise or poorly stacked inventory
- Inadequate security that results in assault or robbery
- Defective balconies, porches, or decks
- Dog bites or animal attacks on the property
You may be entitled to compensation if your injury was caused by one of these or other unsafe conditions. Our attorneys can investigate your accident, identify the hazard, and determine whether the property owner should have corrected it before your injury.
We’ll Fight to Recover Compensation for All Your Injuries After a Premises Liability Accident
Premises liability accidents can result in injuries ranging from minor sprains to catastrophic, life-changing harm.
At Wilson Kehoe Winingham Injury Lawyers we represent clients with injuries such as:
- Broken bones and complex fractures
- Traumatic brain injuries (TBI) and concussions
- Back and neck injuries, including herniated discs
- Spinal cord damage and partial paralysis
- Torn ligaments and other soft tissue injuries
- Hip injuries, including fractures and dislocations
- Facial injuries and dental trauma
- Severe cuts, lacerations, and bruising
- Psychological trauma, such as anxiety or PTSD
- Wrongful death
These injuries often require extensive medical treatment and long-term lifestyle adjustments. We will work closely with medical experts to assess the full scope of your injuries and ensure that your damages account for both immediate and future needs.
Proving Negligence in an Indiana Premises Liability Claim
To succeed in a premises liability case, you must prove that the property owner or occupier was negligent in maintaining safe conditions. This typically requires establishing four elements:
- Duty of Care: The property owner owed you a duty based on your status as an invitee or licensee.
- Breach of Duty: The owner failed to repair, remove, or warn about a hazardous condition.
- Causation: The unsafe condition directly caused your accident and injuries.
- Damages: You suffered actual harm, such as medical expenses, lost wages, or pain and suffering.
You must also show that the property owner knew or reasonably should have known about the dangerous condition and failed to correct it in time.
How Long Do I Have to File a Premises Liability Lawsuit in Indiana?
Indiana law sets a strict deadline for filing personal injury lawsuits. For premises liability cases, you generally have two years from the date of the accident to file a lawsuit in civil court.
If you fail to meet this deadline, you could be permanently barred from seeking compensation in court. That’s why it’s critical to contact an Indianapolis premises liability lawyer as soon as possible after your injury. Taking legal action early on allows your attorney to file your lawsuit on time.
Contact Our Indianapolis Premises Liability Lawyers Today for a Free Consultation
If you or a loved one has been injured because of unsafe conditions on someone else’s property, they should be held accountable. At Wilson Kehoe Winingham Injury Lawyers we have decades of combined experience and have recovered millions of dollars for injury victims across Indiana.
We are here to get you the money you need to cover medical bills, lost income, and the lasting impact of your injuries.
Call us today to schedule your free consultation with an Indianapolis premises liability lawyer.