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What is the statute of limitations for premises liability claims?

Injury Attorneys | Restoring LivesTM

January 20, 2017 | Premises Liability |

Premises liability claims vary in nature. The term encompasses many instances, such as slips and falls, improperly built or maintained structures, or even animal bites. Learn the statute of limitations on filing premises liability claims, and know what you can do if you have experienced an accident on someone’s property—such as a slip or fall injury.

What is a statute of limitations?

The statute of limitations is the legal term for referring to the amount of time you have to file a claim from the time of an accident. The statute of limitations varies based on the type of case and depends on the state where the claim would be filed. Most of the time, filing after that statute of limitations deadline would result in a dismissed case. It’s possible but very rare for these statutes to be extended.

Who can file a premises liability claim?

In Indiana, if you suffer a slip or fall accident, you land into one of three “invitee” categories. Only invitees are eligible to file a premises liability claim. The categories are as follows:

  1. Social guest: an individual invited into another’s home
  2. Business invitee: an individual entering into a business or store
  3. Public invitee: an individual entering a public setting, such as a park

Trespassing does not qualify an individual as an invitee. If you experience a slip or fall injury and wish to file a claim, one of the above three categories should apply to your situation.

What is the statute of limitations for slip and fall accidents in Indiana?

Again, the statute of limitations varies depending on the type of case and who is being sued. For any type of personal injury lawsuit in Indiana, however, an individual has 2 years from the incident date to file a claim. This includes slips and falls.

What if the case goes past the statute of limitations limit?

The statute of limitations does not determine when the case shall conclude. The statute of limitations only places a time limit on when the claim should be filed. The case itself will proceed until it’s resolved.

After your medical needs have been addressed and you intend to file a claim, it’s recommended that you talk with your personal injury attorney. Preparing the case takes time, so it’s important you address it quickly so it falls within the statute of limitations.

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