Representing Indiana Injury Victims In Premises Liability Claims
Property holders are supposed to keep their premises reasonably safe. When you get hurt due to another person’s lapse in care or judgment, you have rights.
At the Cooke Law Firm, our premises liability attorneys have pursued justice for Lafayette injury victims since the firm’s founding in 1974. Attorneys J. Aaron Cooke and Jeffrey A. Cooke are local to Lafayette. Personal injury and premises liability is all we do – because we are passionate about helping people navigate the legal system and get fair results.
What Kind Of Injuries Fall Under Premises Liability Law?
A premises liability claim can involve numerous situations where someone gets injured on another person’s property. Premises liability claims can involve businesses, like grocery stores or parking garages, and they can involve private property owners, like neighbors or relatives.
Common premises liability claims include:
- Trips, slips and falls: These are often caused by wet floors, uneven walks, icy surfaces, poorly lit staircases and missing handrails.
- Animal attacks: These can include attacks by dogs that were not properly secured and other attacks by vicious animals under the property owner’s care.
- Drownings: These often occur because young children get into pools or hot tubs that a property owner leaves unattended and unsecured.
- Negligent security: These are situations where there are inadequate or absent security measures to protect people against violent criminals.
It is important to understand that the injuries related to a premises liability claim can be catastrophic. A slip-and-fall lawsuit, for example, may actually involve multiple broken bones, traumatic brain injuries and catastrophic spinal damage. Fatalities are not uncommon. You need an experienced premises liability attorney on your side.
Frequently Asked Questions About Premises Liability
Our Cooke Law Firm attorneys are prepared to answer any of your questions. Here is a collection of frequently asked questions:
How do I prove negligence in a premises liability case?
Proving that a property or business owner was negligent in a liability case is key to a successful claim. Four elements that must be proven includes:
- Duty of care: The property or business owner has a duty to attend to their property and remove clear dangers.
- Breach of duty: The property or business owner failed to maintain a safe property, neglecting to remove dangers.
- Causation: The property or business owner’s failure to care for their property led to an individual’s injuries.
- Damages: The individual’s injuries led to medical bills, lost wages, and pain and suffering.
If it is demonstrated that a property or business owner neglected their duty, then the injured individual can recover compensation. Evidence that can support a claim include:
- Photographs: You may have photos of your injuries or the hazards left on a property.
- Video recordings: Video from surveillance cameras showing how an accident occurred can be invaluable.
- Maintenance records: There may be documents that show that a property or business owner failed to address hazards.
- Medical records: You may have documentation of your injuries and the treatment costs.
Our attorneys can help you collect evidence and prove negligence so you can collect the maximum compensation for your injuries and other losses.
What should I do immediately after being injured on someone else’s property?
Seek prompt medical attention after suffering an injury on someone else’s property. Consider collecting evidence (photos, medical reports, etc.) right away to start your premises liability case. At your earliest convenience, talk to an attorney – before you speak to the property owner’s insurance company. Remember: Insurance companies always seek to reduce their costs, no matter how valid the claim is.
How long do I have to file a premises liability claim in Indiana?
The statute of limitations in Indiana for a premises liability claim is two years. This deadline begins at the time of the accident.
Can I still file a claim if I am partially at fault for my injury?
Indiana is a modified comparative fault state. You can recover compensation so long as you are less than 51% at fault for the accident, but your damages may be reduced according to your degree of fault.
Talk To A Premises Liability Lawyer Today
Our personal injury attorneys have more than 80 years of combined experience, and we stay laser-focused on each claim. We identify all possible at-fault parties in a claim, help our clients document their injuries and losses, negotiate on their behalf with the insurance companies and, when necessary, litigate aggressively.
Find out how we can help you pursue the compensation you deserve. Call 765-340-2776 or contact us online to schedule your free consultation. We take all personal injury claims on a contingency fee basis, meaning you will now owe any fees unless we recover compensation on your behalf.