Indiana’s unpredictable weather and busy public spaces, especially in cities like Indianapolis, make premises liability cases all too common. When property owners fail to maintain safe conditions, hazards like slippery floors and uneven walkways can lead to serious injuries and costly medical bills.

At Poynter & Bucheri, we believe you deserve fair compensation. Our skilled Indianapolis premises liability attorneys are ready to fight for your rights and hold negligent property owners accountable.

With extensive experience handling premises liability accidents, we know how to build a strong case and maximize your recovery. Don’t let someone else’s negligence cost you—our law firm is here to advocate for you.

What is a premises liability?

Premises liability refers to a property owner’s legal responsibility for injuries on both public and private property due to unsafe conditions. Indiana’s premises liability laws hold owners accountable when their negligence leads to preventable accidents. If hazards like slippery floors, poor lighting or unsecured dogs cause harm, the injured party can file a claim to seek compensation.

Common premises liability cases include slip and falls, inadequate security, and dog bites. While most businesses and homeowners carry insurance for these situations, coverage varies. Our experienced premises liability lawyers can help establish negligence and fight for recovery.

Classifications of Premises Liability In Indiana

Under premises liability law, a property owner’s responsibility depends on your legal status while on their property. There are three classifications: invitee, licensee and trespasser.

• Invitee: If a property owner invites you onto their premises for their benefit (such as a customer in a store), they owe you the highest duty of care. They must actively inspect, fix or clearly warn you about dangerous conditions.
• Licensee: If you have permission to be on the property for your own purposes (like a salesperson or guest), the owner must not intentionally harm you, make the risk of harm worse or hide known dangers.
• Trespasser: If you enter someone’s property without permission, the owner must only avoid intentional harm or creating hidden dangers. However, Indiana law makes exceptions for children, like in cases involving attractive nuisances, such as swimming pools.

If you’ve experienced a premises liability accident on someone else’s property, Our Indianapolis premises liability lawyers will help you determine your legal status, prove negligence and seek justice.

What Constitutes Unsafe Premises?

Under Indianapolis premises liability law, a person’s property is considered unsafe when hazardous conditions put visitors at risk of personal injury. If a property owner fails to address known or foreseeable dangers, they may be held responsible for injuries that occur.

By broader definition, a building classified as unsafe under Indiana law should be “reasonably identifiable by a prudent person.”

Common Hazards That Make a Property Unsafe

• Slip-and-fall hazards: Wet floors, uneven sidewalks or loose carpeting
• Inadequate security: Poor lighting, broken locks or lack of security in high-crime areas
• Structural defects: Collapsing ceilings, broken stairs or faulty railings
• Unmarked dangers: Exposed wiring, toxic substances or unguarded machinery
• Animal hazards: Unrestrained, aggressive dogs or other dangerous animals

How Poor Maintenance Plays a Large Role

Neglected maintenance is a leading cause of Indianapolis premises liability claims. Property owners must regularly inspect their premises and address hazards like cracked flooring, or icy walkways before they cause fall accidents. Even minor neglect can lead to serious, preventable injuries.

You may have a premises liability claim if you’ve been injured due to unsafe conditions on someone else’s property. The experienced Indianapolis premises liability lawyers at our law firm can help you prove negligence and fight for your well-being.

Common Liable Parties in a Premises Liability Case

Determining liability in a premises liability case depends on who controls and maintains the property. Multiple parties may share responsibility, providing more insurance options for your damages.

Property Owners

A home, business or commercial property owner is often the primary liable party in a premises liability case. Owners must maintain safe conditions, whether it’s a private residence, retail store or amusement park.

Business Owners & Tenants

If a business leases its space, the owner—not the property owner—may be responsible for maintaining safe walkways, aisles and floors.

For example, a retail store in a mall must keep its area hazard-free, while the mall owner handles common areas like hallways and parking lots.

A commercial premises liability case may arise when negligence leads to customer injuries, such as slips on unmarked wet floors or falls due to poor maintenance.

Landlords

Indiana landlords can be liable for tenant and visitor injuries if they fail to fix known hazards before renting. They may be held responsible if a hidden defect like faulty wiring or a weak balcony causes harm, and the landlord knows or should have known about it.

Property Managers

Many Indiana property owners hire management companies to maintain apartments, offices and retail spaces. They may be liable if a property manager neglects repairs or fails to warn about defects.

Security Companies

If an assault or violent crime happens due to negligent security, the company responsible for security personnel, camera monitoring or building access may be responsible. This is common in parking garages, apartment complexes and event venues.

If you were injured due to an unsafe environment, an experienced Indiana premises liability lawyer from Poynter & Bucheri can help identify who is responsible and fight for the compensation you’re entitled to, starting with a free consultation.

How To Prove Negligence When Filing a Premises Liability Claim

In an Indiana premises liability lawsuit, proving negligence requires showing that a liable party failed to maintain a safe environment, leading to your injury. To secure your legal rights, you must establish four key elements: duty of care, breach of duty, causation and damages.

Duty of Care

Property owners in Indiana have a legal obligation to maintain safe premises for visitors. This includes regular maintenance, repairing hazards and warning guests of potential dangers. For example, a dentist’s office must keep its floors clear of trip hazards, just as a grocery store must clean up spills promptly.

Breach of Duty

You must prove that the property owner failed to uphold their duty of care by allowing dangerous conditions to persist. A breach can occur when an owner:

• Fails to fix a known hazard
• Does not warn visitors about dangers
• Creates unsafe conditions

Causation

It’s not enough to show that a hazard existed; you must prove that it directly caused your injury. For example, if a restaurant knew about a gas leak but failed to fix it, the fumes could cause health problems. To prove liability, you must show that the toxic fumes—not another factor—directly caused your injury. In some cases, comparative negligence may come into play if the injured party is found partially responsible for the accident.

Proving Damages

You must also prove that the personal injury resulted in financial or personal losses, such as:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of enjoyment of life

Premises Liability FAQs

What is the difference between personal liability and premises liability?

Premises liability involves dangerous conditions on another party’s property—like a swimming pool accident caused by unsecured gates, or a fall due to a broken sidewalk. If the property owner knew about the danger and failed to fix it, they could be held responsible for your personal injury.

Personal liability is about a person’s actions—like someone texting while driving and causing a crash. It doesn’t depend on property conditions but on whether someone acted carelessly.

Both involve negligence, but premises liability focuses on unsafe places, while personal liability focuses on unsafe actions. You may deserve financial compensation if you’ve experienced an injury accident because of either. Common injuries, and even wrongful death, can occur in both situations.

What if I am injured on public property?

Private and public property have different rules in Indiana. If you were injured on public property, such as parks, sidewalks or government buildings, you may have a premises liability case, but the process differs from suing a private owner.

Government agencies must keep public spaces safe. If they fail, they can be held liable. However, filing a claim against the government is much more complicated. Under the Indiana Tort Claims Act (ITCA), you must file a notice within 180 days for local or state claims or within two years for federal claims. Missing these deadlines could mean losing your right to compensation.

If you were injured on public property, you must act quickly and consult an experienced Indiana premises liability attorney who can help navigate the legal process and ensure your claim is filed correctly.

How can hidden debris contribute to a premises liability case?

Hidden debris, such as broken tiles, fallen merchandise or construction materials, can create serious hazards and lead to premises liability accidents. Property owners have a legal duty to keep walkways clear and safe. They can be held responsible for slip and falls if they fail to remove or warn about hidden debris. 

To prove liability, you must show that the owner knew or should have known about the hazard and that it directly caused your injuries. These accidents can result in severe medical bills, lost wages and long-term suffering, making fair compensation necessary. Without experienced legal assistance, proving negligence and recovering compensation can be very difficult. 

Contact Poynter & Bucheri Today

At Poynter & Bucheri, our personal injury law team has a proven track record, winning hundreds of cases, numerous awards, and securing millions of dollars for injured persons. Our law firm knows how to hold the responsible party accountable and fight for the compensation you’re owed. Don’t settle for less—get the best legal team on your side. We offer a free initial consultation, so call 1-800-265-9881 or visit our page to get started today!