The most commonly seen types of Indiana premises liability cases are slip-and-fall accidents occurring in the winter months due to accumulated snow or ice on the ground. Snow and ice that accumulates on a landowner’s property create a serious hazard, and Indiana lawmakers recognize as much. A Business Owner’s Obligation…
Articles Posted in Premises Liability
Indiana’s Attractive Nuisance Doctrine
Under Indiana premises liability law, property owners are generally not liable for injuries caused to trespassers. However, through Indiana’s attractive nuisance doctrine, a property owner may be liable when a trespassing child is injured on their land due to a dangerous object that attracted the child onto the landowner’s property.…
Indiana Car Accidents Occurring in Parking Lots and on Other Private Property
When someone is injured in an Indiana car accident, the accident victim is entitled to pursue a claim for compensation against any of the parties they believe were responsible for causing the crash. In the majority of cases, car accidents occur on public roads. After an accident on a public…
Indiana Schools Have a Duty to Protect Students from Injury While at School
Recently, a state appellate court issued a written opinion in a personal injury case involving a parent’s allegations against her daughter’s school. While the case arose in another jurisdiction, it raises important issues under Indiana personal injury law. Specifically, the duty that a school owes to its students. The Facts…
Can an Indiana Ski Resort Be Held Liable for Injuries Occurring on the Mountain?
Winter is officially here, and along with the season comes the ability to participate in some of the most fun and exciting sports – skiing and snowboarding. Part of the reason why these sports are so thrilling is also what makes them so dangerous. High speeds, steep hills, moguls, tight…
Plaintiff Injured in Slip-and-Fall Accident at Doctor’s Office Failed to Show Defendant’s Knowledge of the Hazard that Caused Her Fall
Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing a defense that is commonly raised in response to an Indiana premises liability case. The case involved a defendant’s allegations that it was unaware of the hazard that caused the plaintiff’s fall and,…
Court Discusses Res Ipsa Loquitor Doctrine in Recent Premises Liability Case
Recently, a state appellate court issued an opinion in a personal injury case discussing the res ipsa loquitor doctrine. Res Ipsa Loquitor is a legal doctrine that applies in some Indiana personal injury cases and allows the fact-finder to make an inference that the defendant was negligent although there is…
How Courts Apply the Indiana Recreational-Use Statute
Some of the most difficult jobs of a lawmaker is to weigh legitimate but competing interests and develop a reasonable compromise that everyone can live with. The Indiana recreational-use statute is a good example of Indiana lawmakers attempting to secure ample outdoor space for recreational activity while at the same…
Court Rejects Wal-Mart’s Defense in Recent Slip-and-Fall Case
Recently, a federal appellate court issued a written opinion in a personal injury case involving competing theories of how the plaintiff’s injury occurred, requiring the court to determine which of the two proposed alternatives were more likely. Ultimately, the court concluded that the plaintiff’s version of events was the only…
Court Discusses Grocery Store’s Duty to Keep Store Free of Dangerous Hazards
All business owners owe their customers a duty of care to keep areas accessible to customers in a reasonably safe condition. This generally means eliminating any known hazards, conducting frequent inspections to discover hazards, and warning customers of hazards that are either in the process of being fixed or cannot…