Premises Liability Case Results

A premises liability case is a type of personal injury case. “Premises” refers to the property where a visitor or tenant has been injured, while “liability” is the misconduct or negligence of the property’s owner.

While most of these cases settle before going to trial, it’s important to have a personal injury lawyer on your side who will take your case to court if that’s what it takes to get you the compensation you deserve. Wilson Kehoe Winingham has decades of experience representing personal injury victims across Indiana in premises liability cases.

What Factors Affect the Amount of a Premises Liability Settlement?

The strength of evidence demonstrating the property owner’s negligence is crucial to your claim. If you have proof that an owner knew of a dangerous condition, failed to maintain the property to an acceptable standard, or failed to warn visitors of hazards, you are in a strong position to command a higher settlement.

The settlement amount will also depend on:

• The extent of your injury. The severity and permanence of your injuries are primary determinants of the amount of your settlement. Simple fractures from a slip and fall accident may receive lower payouts than more severe injuries that require ongoing medical treatment, months or years of lost wages, and constant pain or emotional suffering.
• The amount of your losses. Calculable economic damages, such as medical bills, rehabilitation costs, lost wages, and property damage, are typically included in the settlement amount. Non-economic damages like emotional distress, loss of enjoyment of life, and loss of consortium might also be considered.
• Your future medical expenses. If your condition requires ongoing medical treatment or in-home nursing care, the anticipated cost of future medical expenses may be factored into the settlement.
• The impact on your quality of life. Serious injuries can significantly impact an individual’s quality of life. Settlements may reflect the long-term consequences of the injury on the plaintiff’s ability to work, engage in activities, or enjoy life as they did before the injury.
• The available insurance coverage. The amount of insurance a property owner or other defendant carries can impact the potential settlement amount. Higher coverage limits may allow for larger settlements.
• Your percentage of fault. Indiana’s comparative fault laws state that you can only file a premises liability lawsuit if you are 50% responsible or less for your injury. The percentage of your contribution to the accident can reduce the settlement amount.

Who Is at Fault in a Premises Liability Case?

In a premises liability case, fault typically rests with the property owner or occupier. However, the specific at-fault party can vary depending on the circumstances of the incident. Tenants, maintenance providers, property management companies, and other third parties can all be named in these types of suits.

Potential at-fault parties include:

• Schools
• Landlords
• Homeowners
• Doctor’s offices
• Shopping centers
• Restaurants
• Nursing homes
• Hotels
• Contractors
• Public entities
• Grocery stores
• Construction site owners
• Dog owners

Do I Need a Premises Liability Attorney?

It’s important to consult with a legal professional experienced in premises liability law to evaluate the specifics of your case. Hiring a premises liability attorney ensures that your case moves forward before the statute of limitations expires and that you are not taken advantage of by property owners.

Determining who is at fault—and the extent of their negligent actions—can be a complicated process. We need to examine the property owner’s duty of care, the foreseeability of the hazard, the injured party’s actions, and whether reasonable steps were taken to address or warn of the danger. Multiple defendants are often involved in a premises liability case, making the proceedings more complex.

Defendants may try to argue that you were trespassing, being reckless, or ignoring obvious warnings when the injury occurred. However, property owners retain their duty to exercise reasonable care to prevent foreseeable harm, even to trespassers in some situations.

Finally, many defendants attempt to shift blame onto the victim to reduce the amount they must pay out. If the defendant can show that you’re more than 50% liable for your injury, you will receive nothing at all. You need an attorney who can prove that your own actions were not to blame for the accident to get maximum compensation for your suffering.

Contact Our Premises Liability Attorneys Today

The aftermath of an accident on someone else’s property can be overwhelming, especially when you’re trying to heal from your injuries. Hiring an attorney can provide peace of mind, ensuring you have a dedicated legal advocate fighting for the compensation you deserve while you focus on your recovery.

If you’ve been injured on someone else’s property due to unsafe conditions or negligence, contact the experienced attorneys of Wilson Kehoe Winingham. We stand ready to explain your options and fight for the settlement you and your family deserve.

Contact us today at 317.920.6400 or fill out our online form for a no-obligation, free consultation.