When is a Property Owner Liable for Injuries in Indiana?

Accidents happen every day, but when an injury occurs on someone else’s property, determining who is responsible can be complex. Indiana law holds property owners to certain standards of care to protect visitors from harm. At Pathway Legal Group, we help injury victims across Indiana understand their rights and pursue compensation when property owners fail to uphold their responsibilities.

Understanding Premises Liability in Indiana Premises liability is the legal concept that a property owner or occupier is responsible for maintaining a safe environment for visitors. When they fail to do so and someone is injured as a result, the owner can be held legally liable.

Key Factors in Property Owner Liability For a property owner to be held liable for injuries, you generally must show:

• A dangerous condition existed on the property

• The property owner knew or should have known about the dangerous condition

• The property owner failed to take reasonable steps to address or warn about the danger

• The hazardous condition directly caused your injury

Types of Visitors and Their Rights Indiana law classifies visitors into three categories, which affect the property owner's duty of care:

1. Invitees

   • Example: Customers in a store

   • Duty: Property owners owe invitees the highest duty of care, including inspecting for hazards and fixing or warning about them.

2. Licensees

   • Example: Social guests

   • Duty: Owners must warn licensees of known dangers that are not obvious.

3. Trespassers

   • Example: Someone entering without permission

   • Duty: Generally, property owners owe little duty to trespassers, but they cannot willfully or wantonly cause harm.

Common Scenarios Where Property Owners May Be Liable

• Slip and fall accidents due to wet floors, icy sidewalks, or uneven surfaces

• Dog bites

• Inadequate security leading to assaults

• Falling merchandise or debris

• Building code violations

• Unsafe stairs or handrails

Comparative Fault in Indiana Indiana follows a modified comparative fault rule. If you are partially responsible for your injuries (for example, if you ignored warning signs), your compensation can be reduced by your percentage of fault. If you are found to be 51% or more at fault, you may be barred from recovering any compensation.

Evidence Needed to Prove Property Owner Liability

• Incident reports

• Witness statements

• Photographs of the dangerous condition

• Surveillance footage

• Maintenance and inspection records

How Pathway Legal Group Can Help At Pathway Legal Group, we have nearly a decade of experience defending insurance companies and businesses in premises liability cases. We now use that insider knowledge to fight for injury victims across every county in Indiana.

If you’ve been injured on someone else’s property, don’t leave your future to chance. Call Pathway Legal Group today at (317) 588-7400 for a free consultation. Let us help you navigate the path to recovery and hold negligent property owners accountable.