Dangerous property conditions put workers, residents and communities at risk for premises liability.

In Indiana, the Unsafe Building Law (Indiana Code 36-7-9) allows authorities to take action against property owner’s negligence, issuing fines, ordering repairs or even demolishing unsafe structures.

For victims of property violations, construction accidents, or wrongful injuries, premises liabilities can result in devastating physical and financial loss, especially if not filed within the statute of limitations.

At Poynter & Bucheri, our experienced attorneys protect your rights, challenge unjust outcomes and help you recover the compensation you deserve.

Where Unsafe Structure Accidents Can Occur

Unsafe structure accidents happen in various locations, not just neglected or abandoned buildings. When a property owner fails to keep the property safe, workers, tenants and the public risk bodily harm. Below are some of the most common places where premises liability and such dangers occur:

Construction Sites

• Structural failures, such as scaffolding collapses or unstable flooring, can cause severe injuries.
• Improper safety measures or lack of proper maintenance can put workers and passersby at risk.
• Falling debris and faulty equipment increase the danger on active construction sites.
• Unsecured equipment can become an attractive nuisance, drawing children or unauthorized individuals.

Rental Properties

• Landlords who fail to repair broken staircases, faulty wiring or plumbing issues create dangerous property conditions.
• Electrical hazards, such as exposed wiring or outdated systems, pose a fire risk.
• Mold infestations and poor ventilation can lead to serious health problems for tenants if a property owner neglects upkeep.

Commercial Buildings

• Code violations, including deteriorating infrastructure, blocked fire exits or improper ventilation, endanger employees and customers.
• Poor maintenance, such as failing to repair cracked flooring or unsecured fixtures, increases unreasonable risks.
• Fire hazards like outdated sprinkler systems or faulty electrical wiring can have devastating consequences.
• Uneven sidewalks, potholes or broken pavement in public or commercial areas create pedestrian trip hazards.

Vacant or Abandoned Buildings

• Structures in disrepair can suffer from unexpected collapses due to lack of maintenance, creating a dangerous property.
• Hazardous materials like asbestos or lead paint can pose serious health risks if a property owner fails to secure the area.

Each location carries its own potential premises liabilities. Property owners must identify and address unsafe structures before accidents occur. A property owner owes it to the public to prevent dangerous property conditions.

What a Hazardous Building is According to Indiana Law

According to Indiana Code 36-7-9, an unsafe structure is any building or part of a building that poses a danger due to structural impairment, fire hazards, public health risks, code violations or neglect that deems it uninhabitable.

These structures may have weakened foundations, faulty electrical systems or severe water damage, increasing the risk of falling objects and premises liability.

When a property owner creates a danger or a property owner knows their building is unsafe but fails to act, they may face premises liability claims if someone is injured. The property owner owes their visitors a safe premise.

Injuries You Can Sustain From Uneven Sidewalks

Uneven sidewalks pose a serious hazard, especially in high-traffic areas like downtown districts, residential neighborhoods and public parks. 

In Indiana, sidewalks become dangerous due to uplifted pavement from tree roots, large cracks from freezing and thawing, sinking slabs, and crumbling concrete. Unmarked construction zones or debris increase the risk of a fall claim, leading to personal injuries that range from minor bruises to permanent injuries, including:

• Broken or fractured bones 
• Concussions or traumatic brain injuries (TBI)
• Severe sprains and soft tissue damage
• Spinal cord injuries 
• Lacerations, bruising or abrasions

Injuries sustained on someone else’s property can lead to lost income, costly medical bills and long-term rehabilitation. Indiana’s premises liability laws hold property owners, businesses or local municipalities responsible for failing to maintain safe sidewalks.

The experienced personal injury attorneys at Poynter & Bucheri can guide injured individuals through the legal process of a fall claim. Our team fights against property owners and responsible parties to secure fair compensation for all your medical expenses.

Who is Liable in a Faulty Stairs Accident

Liability laws for faulty stair accidents in Indiana depend on where the accident occurred and who was responsible for maintaining safe conditions.

A property owner has a duty of care to maintain safe conditions and is typically accountable if an injured person falls due to dangerous conditions like loose boards, broken railings or poor lighting on private property, businesses or rental properties.

On construction sites, premises liability claims can be more complicated, as multiple parties, including the property owner, contractors, or manufacturers of defective materials, may share responsibility.

If the accident occurs in a public space, like city hall, a government entity may be liable for a public property claim.

In many personal injury cases, the key question is whether a reasonable person would have fixed the dangerous condition in the same circumstance.

Filing a premises liability claim helps a person injured on someone’s property pursue compensation. Legal representation ensures they meet Indiana’s Statute of Limitations with the best chance of success.

The Three Elements You Need To Show To Win an Unsafe Structures Case

If you’ve been injured due to a dangerous condition on someone else’s property in Indiana, winning a legal case requires proving three key elements: Duty of Care, Breach of Duty, and Injury Resulting from the Breach.

1. Duty of Care

Property owners, landlords, businesses and contractors in Indiana have a duty of care to maintain safe premises for anyone lawfully on their property.

Their responsibility includes assuring that buildings, sidewalks, staircases and other structures do not pose hazards due to neglect, poor construction or code violations. Failure to do so can make the property owner liable for any resulting injuries.

Employers and developers must follow Indiana Occupational Safety and Health Administration (IOSHA) standards for construction sites, conducting risk assessments and implementing safety measures to protect workers and passersby.

2. Breach of Duty

A breach of duty in premises liability law occurs when the responsible party fails to fix or warn about a defective property condition. Breaches of duty include:

• Negligence in property maintenance
• Code violations
• Failure to address environmental hazards
• Ignoring prior complaints or city violations

3. Injury Resulting From the Breach

To win a premises liability case in Indiana, you must prove that the breach of duty directly caused your injury. Common injuries from dangerous conditions include:

• Broken bones, head trauma or spinal cord injuries from falling due to unsafe staircases or unstable walkways
• Exposure-related illnesses from hazardous materials like lead, asbestos or mold
• Crush injuries from structural collapses, falling debris or unsafe scaffolding on construction sites

If the property owner or responsible party failed to uphold their duty of care, and their negligence resulted in serious harm, you may be entitled to significant compensation.

FAQs

What is a foreseeable stairwell hazard? 

A foreseeable stairwell hazard is any dangerous condition a property owner, landlord or contractor should have identified and fixed to prevent accidents. Even if a hazard does not exist yet, it may be foreseeable based on existing conditions.

For example, if a leaking roof drips water into an outdoor stairwell in winter, it is foreseeable that ice could form, creating a slipping hazard.

Common foreseeable stairwell hazards include:

• Loose or broken steps
• Defective or missing handrails
• Slippery surfaces
• Poor lighting
• Uneven or worn-out stair treads
• Obstructions on stairs

Indiana premises liability laws require stairwells to be safe, well lit and properly maintained. If a dangerous condition was known—or should have been found through routine inspections—failing to fix it may be negligence.

If an unsafe stairwell on someone else’s property causes an injury, victims may file a premises liability case or negligence claim to seek compensation.

What sites commonly have poorly constructed decks?

Poorly constructed decks in Indiana are most common in rental properties, apartments, hotels, motels and resorts. However, they can happen in any business.

Landlords and homeowners on private property may cut corners on maintenance, leading to loose railings, weak supports and rotting wood that creates dangerous conditions.

Many bars and restaurants with outdoor patios fail to assess weight limits, increasing the chance of collapse.

Premises liability lawsuits may hold the property owner liable when an injured party suffers harm from a neglected deck.

What is the maximum allowed height of a stairwell riser?

The maximum riser height for residential stairways in Indiana is 8¼ inches (210 mm), as stated in the 2020 Indiana Residential Code, Section R311.7.5.1. Each step’s rise must not exceed this limit to ensure safety and accessibility.

Business owners must comply with local building codes, which may vary based on occupancy type. Failure to follow these standards can result in the property owner being held liable in a premises liability case.

What are the different types of maintenance negligence in Indiana?

Property owners, landlords and businesses in Indiana must maintain premises free of dangerous conditions. Inadequate maintenance can lead to serious accidents, and when a property owner’s negligence results in harm, they may be held liable. Common types of dangerous property conditions include:

Structural Negligence

• Failing to repair damaged staircases, broken railings or unstable flooring
• Ignoring cracks in walls, ceilings or foundation issues
• Allowing deterioration of decks, balconies, or porches increasing the risk of collapse

Premises Negligence

• Not addressing uneven sidewalks, potholes or crumbling pavement
• Failing to provide proper lighting in stairwells, parking lots or hallways
• Allowing clutter, spills or debris to create slip-and-fall hazards
• Creating an attractive nuisance that causes swimming pool accidents or other harmful situations for child trespassers

Electrical and Fire Safety Negligence

• Failing to fix exposed wiring, faulty outlets or overloaded circuits
• Ignoring non-functional smoke detectors or outdated sprinkler systems
• Not complying with fire escape or exit regulations in commercial and residential properties

Weather-Related Negligence

• Not removing snow, ice or standing water from walkways and entryways
• Failing to maintain roof drainage systems, leading to leaks or structural damage
• Ignoring fallen tree limbs or debris that create hazards on the property

Environmental and Health Hazards

• Allowing mold growth, pest infestations or unsafe air quality
• Failing to address lead paint, asbestos or toxic materials in older buildings
• Ignoring sewage backups or plumbing leaks leads to health risks

Dangerous conditions on public property cause serious injuries, financial losses and liability claims. Victims, including child trespassers, may seek to recover damages depending on the injuries the victim sustained and the visitor’s status as a lawful or unlawful entrant.

However, insurance companies often make the process difficult. A premises liability lawsuit can help you seek fair payment and ensure that negligent parties are held liable.

If you’re an accident victim suffering from an injury due to dangerous conditions on someone else’s property, you may be entitled to recover damages.

Contact a Poynter & Bucheri Unsafe Structures Lawyer in Indianapolis Today

Having the best premises liability attorney in your personal injury law case makes all the difference. At Poynter & Bucheri, we have years of experience fighting for injured individuals and making sure they get the justice and compensation they deserve.Call us today for a free consultation at 1-800-265-9881, or click here to pursue legal representation for the unsafe conditions you were exposed to.