South Bend
Premises Liability
ATTORNEY

DELVENTHAL LAW

Hire experienced premises liability lawyers at Delventhal Law Office

Property defects cause many accidents in South Bend, with innocent victims suffering serious injuries in slip and falls or other accidents. Indiana law requires that property owners assume certain duties with respect to visitors. As an example, they must warn of defects a visitor might not see so they can protect themselves. Contact Delventhal Law Office if you were hurt in any property-related accident. Our South Bend premises liability lawyer can go over what happened and analyze your right to sue.

Did the Property Owner Fulfill Their Duties?

Indiana law doesn’t require that property owners guarantee no one will be hurt on the premises. That is unrealistic. However, the state does require that property owners undertake certain duties depending on your status:

• Invitee. You are invited onto the property by the owner.
• Licensee. You enter the property with the owner’s permission for your own benefit.
• Trespasser. You do not have permission to enter or stay on the property.

Property owners owe invitees the highest duty of care, which means they should fix hazards or defects in a reasonable manner. They should also warn visitors of hidden dangers which cannot be fixed quickly.

By contrast, owners owe lesser duties to licensees, such as warning them of dangers and refraining from wantonly injuring them. At the end of the line are trespassers, who are owed even less care.

Contributory Negligence and Premises Liability Accidents

A visitor’s negligence will impact a claim. For example, a person might have ignored warning signs that a dog is agitated and provoked an attack. Or a visitor is so distracted by their phone they do not see a hazard which they need to step around.

Indiana’s comparative negligence rule can limit financial compensation for many victims. If a person was 40% to blame for an accident through their own negligence, then they will receive 40% less than if they had been without fault. (Indiana Code § 34-51-2-5.)

Furthermore, if the victim’s share is greater than all defendants, they are barred from receiving compensation. (Indiana Code § 34-51-2-6.) That means someone who is 51% or more at fault will receive $0.

We always strive to obtain the most compensation for medical care, lost wages, property damage, and pain and suffering. To that end, we will try to minimize your negligence to ensure you receive the most compensation possible.

We Handle the Full Range of Premises Liability Claims

We can represent anyone injured in common property-related accidents:

• Slip and falls or trip and falls. Visitors can stumble or slip on certain hazards, including ice and snow, broken tiles, boxes or trash, or even power cords which cross the floor.
• Falling objects. Unsecured items in a store can rain down on customers, or pedestrians are hurt when items fall at a construction site.
• Dog bites or attacks. A victim can typically sue the dog owner for compensation after an attack which causes injuries.
• Toxic exposure. Hazardous substances, including black mold, can lead to illness. We might sue a landlord for failing to remediate the property.
• Swimming pool accidents. The pool owner should ensure the pool has no defects (like cracked tiles) and has proper signage. A homeowner might need to build a fence to keep children from coming onto the property and accessing the pool.
• Assaults on the premises. A visitor might sue the property owner for failing to use reasonable security measures which contributes to a violent assault. For example, a motel might not have locks which work on the door.

Contact our office after receiving medical care. This area of law depends heavily on the facts. We need to fully canvas all evidence to understand how you were hurt and whether the property owner knew about the defect.

South Bend Premises Liability Accident FAQs

What types of dangerous property conditions are covered under premises liability in South Bend?

Premises liability cases can involve dangerous property conditions such as wet or slippery floors without warnings, cluttered walkways, unlit stairwells, poorly maintained lawns or grounds, snowy sidewalks, and defective construction hazards that cause injury.

Who can be held responsible for a premises liability injury?

Property owners and managers can be held responsible when they fail to maintain safe conditions or warn visitors about known dangers that could cause harm.

How can a South Bend premises liability lawyer help my case?

A lawyer can investigate the accident, gather evidence of the hazardous condition, negotiate with insurance companies, and pursue compensation for medical bills, pain and suffering, and other losses resulting from the injury.

Speak with a Premises Liability Lawyer Today

Delventhal Law Office is ready to assist any injured victim with an injury claim. If hired, we can possibly visit the accident scene, review your medical records, and analyze the settlement value of your injuries. Call us today to get started by scheduling a free, no-obligation consultation.