Indiana
Premises Liability Lawyer

On This Page

1. A Lawyer Can Determine if You Have a Premises Liability Case
2. Damages in Premises Liability Cases
3. Deadlines for Filing Premises Liability Lawsuits
4. How We Can Help with Your Personal Injury Case

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

An Indiana premises liability lawyer can investigate the circumstances that led to your accident on someone else’s property and determine whether you have a valid claim for compensation against one or more parties.

The lawyers of Berger and Green know how challenging it can be to juggle insurance claims, medical bills, and legal issues while you are recovering from injuries following an accident.

We are here to fight for your rights and work to get the compensation that you deserve for your injuries. Contact our office at (412) 661-1400 and determine whether you are eligible for compensation in your premises liability case.

A Lawyer Can Determine if You Have a Premises Liability Case

Premises liability claims can occur when a property owner fails to properly maintain a property. The failure of the owner leads to hazardous conditions or dangers on the property that can result in injuries to others. When one of those hazards causes another person to suffer injuries, the property owner may be liable for the costs of those injuries.

Proving Negligence

To prove fault on the part of the property owner under the legal theory of premises liability, the injured party must present evidence showing that the property owner was negligent. Negligence is failing to act reasonably to protect others from harm, based on the circumstances.

More specifically, the injured party or their lawyer must prove that:

• The property owner owed the injured party a legal duty of care
• The property owner violated that duty of care by failing to maintain property
• The failure of the property owner to maintain the property created a danger that caused harm to the injured party
• The harm caused the injured party to suffer damages

Legal Duty and the Status of the Injury Victim

Premises liability cases largely depend on the legal duty that the property owner owed the injury victim. This duty is different depending on the status of the victim at the time of the injury.

For instance, a customer or client who visits a business is an invitee. The property owner owes an invitee the highest duty of care because the invitee is present on the property to benefit the owner. Visitors to public land also have the statute of invitees.

In contrast, a neighbor who attends a backyard barbeque is a licensee. This type of injury victim is not present to benefit the property owner but is there for his or her own purposes. Nonetheless, the property owner still owes a licensee a higher duty of care, as the owner must warn the licensee of potential hazards.

Finally, some people suffer injuries when they trespass on the property of others. The property owner generally has no duty to protect a trespasser from harm. However, the property owner must not intentionally harm the trespasser.

Parties Who May Be Liable for Injuries

A property owner is not the only person or company that may be liable for injuries that occur to others. In some cases, another party is responsible for maintaining the property, such as a caretaker, a property manager, or a tenant. When a person suffers injuries on public property, the local, state, or federal government also may be liable under some circumstances.

Call (412) 661-1400 today for your free case review with a team member.

Damages in Premises Liability Cases

Liable parties in premises liability claims can be responsible for the full range of damages to the victim, just as in any personal injury claim. An Indiana premises liability lawyer can assist injury victims in gathering evidence to document their damages, which can include:

• Medical bills
• Loss of income due to an inability to work
• Diminished earning capacity
• Property damage

You also may be eligible to collect damages that are non-economic in nature. These damages might include:

• Mental trauma stemming from the accident
• Loss of enjoyment of life if you are unable to engage in your regular hobbies or activities

Deadlines for Filing Premises Liability Lawsuits

Pa. C.S.A. § 5524 establishes the deadline that injury victims have to file their premises liability and other personal injury cases. Failure to meet this deadline can result in losing your chance to seek any compensation for your injuries.

This deadline or statute of limitations requires injury victims to file their claims in court within two years of the dates of their accidents. Although two years may seem like plenty of time to file a lawsuit, you should still connect with an attorney to get legal advice about your situation as quickly as possible following an accident that injures you.

Premises liability cases can be complicated and often require a great deal of investigation and evidence. By getting started on your claim early, you can avoid violating the statute of limitations and ensure that you can seek compensation for your losses.

How We Can Help with Your Personal Injury Case

When you have suffered serious injuries due to a dangerous condition on the property of others, you may have a premises liability claim. You may be eligible to seek compensation from the property owner and other parties who are potentially responsible for the conditions that led to your accident.

An Indiana premises liability lawyer can work to help you hold negligent property owners and others accountable for the action or inaction that directly caused your injuries.

Call (412) 661-1400 today to begin working with the attorneys of Berger and Green on your premises liability case. We can investigate the situation that led to your injuries, identify potentially liable parties, and discuss your options for holding them legally liable for your losses.