Premises Liability Attorney in Indiana
In Indiana, property owners have certain responsibilities to visitors. For instance, when a property owner invites someone onto his or her land, he or she is required to exercise reasonable care to ensure that the individual is protected while on the premises.
Property owners who fail to fulfill this duty can be held liable in court if their action or inaction caused a social guest or a business visitor to sustain an injury. Unfortunately, filing this type of claim can be difficult, especially for victims who suffered serious injury, so if you were injured on someone else’s property in Indiana, you should consider contacting a premises liability attorney in Fort Wayne who can ensure that you file your claim properly and on time.
Duty To Warn
Visitors who don’t fall under the category of an invitee are often classified as licensees if they entered onto someone else’s land for their own convenience, entertainment, or curiosity, but are privileged to do so by the owner’s permission or sufferance. A lesser duty is owed to these individuals, as property owners are only required to refrain from:
- Willfully or wantonly injuring them; or
- Acting in a manner that increases their danger.
This includes a duty to warn licensees of any latent, or non-obvious dangers, of which the owner has a prior knowledge. The final group of visitors recognized under Indiana law are trespassers. The only duty owed by landowners to this group is to refrain from purposeful injury. For instance, landowners are prohibited from intentionally placing hidden dangers or traps on their property to discourage trespassers. There is, however, an exception when it comes to child trespassers if the injured minor was enticed to enter the property because it contained an attractive nuisance, such as a trampoline or swimming pool. In these cases, a property owner could be held liable for the child’s injuries, if the accident was foreseeable and the owner failed to take steps to prevent it, like building a fence.