South Bend Premises Liability Lawyers

The fourth biggest city in Indiana and home to the legendary University of Notre Dame, South Bend features many attractions that appeal to locals and tourists alike. There is always something to do or see in South Bend, such as rooting for the Fighting Irish, enjoying the natural beauty of the Potawatomi Conservatories, or attending one of several annual music festivals. Unfortunately, a visit to a new destination can take a regrettable turn when a hidden defect causes a major accident.

If you have been hurt on somebody else’s property, you may be eligible for financial recovery through a premises liability claim. To increase your chances of success, reach out to the South Bend premises liability attorneys at Hensley Legal Group. Our personal injury lawyers has been standing up for the everyday people of Indiana for more than 25 years.

Schedule a free consultation with a South Bend premises liability lawyer by calling (317) 472-3333, chatting with us online, or filling out our contact form.

What Is a Premises Liability Case?

Premises liability is a field of personal injury law dealing with property-related claims. As with other types of personal injury litigation, a premises liability case needs to allege both negligence and damages.

Negligence takes place when a party fails to meet a duty to exercise reasonable care to avoid causing harm, known as damages. A plaintiff who sustains damages because of a defendant’s negligence may be able to initiate a personal injury claim against that defendant.

In a premises liability case, the plaintiff is arguing that damages were incurred because of dangerous conditions on the defendant’s property. For the case to be valid, the plaintiff must establish three separate elements:

● The defendant owed a duty to the plaintiff to exercise reasonable care to maintain safe conditions on a property.

● The defendant breached this duty by failing to take care to keep the property safe.

● This breach directly caused injury to the plaintiff.

Proving all three elements can be more challenging with a property-based injury than an injury from an event where the connection between a defendant’s actions and a plaintiff’s damages is more obvious, such as a car accident.

Premises liability plaintiffs are most often successful when they show that a defendant allowed an accident to occur by neglecting to:

● Inspect his or her premises for hazards;

● Fix known hazards; or

● Warn the plaintiff about the presence of known hazards.

Hensley’s South Bend premises liability attorneys are deeply skilled at unearthing breaches of duty on the part of property owners.

Who Is Owed a Duty of Care in South Bend?

A plaintiff seeking reimbursement for injuries sustained on an owner’s property needs to show that a duty of care was breached. But who is actually owed a duty of care in South Bend, and what does that duty entail?

The duty of care owed depends largely on why the plaintiff was on the premises. Indiana law designates all visitors to a property as invitees, licensees, or trespassers, all of whom demand different duties of care.

● Invitees – A visitor invited to a property for the economic benefit of the owner is considered an invitee. Invitees would include patrons in a store or diners in a restaurant, among others.

Indiana property owners owe the greatest duty of care to invitees and must take active steps to keep a property safe for them. This may require owners to inspect their premises regularly for defects and either remedy them or alert invitees about them.

● Licensees – A visitor who has permission to enter a property but does not provide a benefit to the owner would be classified as a licensee. Close family members stopping by an owner’s residence or hunters allowed on an owner’s land would be licensees.

Licensees deserve a lesser duty of care in Indiana. Property owners need to avoid willfully harming licensees and make them aware of any defects, but they are not obligated to inspect their premises for the sole purpose of locating defects that might injure licensees.

● Trespassers – A trespasser is anyone who is on a property without permission. Trespassers could be as harmless as a neighbor taking a shortcut through an owner’s yard or as nefarious as a burglar breaking into an owner’s house to steal valuables.

Indiana property owners owe the lowest duty of care to trespassers, though they still have some obligations. Owners who know trespassers are present must not intentionally hurt them, but there is no duty to warn trespassers about defects, much less repair them.

This minimal duty of care to unlawful visitors may not apply to child trespassers, who are not expected to fully understand the dangers on another’s property, particularly when it comes to “attractive nuisances.” These are hazards that may be especially appealing to minors, such as unfenced pools. Under Title 34, Section 31, Chapter 11 of the Indiana Code, property owners who fail to address attractive nuisances despite being aware of them and expecting children to trespass and be harmed because of them “may be subject to liability for physical injury or death to a child trespasser.”

The South Bend premises liability lawyers at our firm can assess the duty of care you were owed and whether a property owner breached it.

Types of Indiana Premises Liability Cases

Dangerous conditions on a property that could form the basis for an Indiana premises liability case may include:

● Vicious dogs – Indiana has both a high rate of dog ownership and a high rate of dog bite claims. Property owners who do not warn about or control vicious dogs on their premises could face civil liability.

● Slip-and-fall hazards – Property owners must address conditions that could lead to accidental falls, which are the chief causes of preventable injuries. Slip-and-fall hazards may include loose floorboards, overly slick surfaces, uneven or damaged stairs, inadequate lighting, or walkways in disrepair.

● Poor security – Compensable breaches of duty may occur when visitors are attacked as a result of poor security in spaces susceptible to criminal activity, such as parking lots, where nearly 1,400 violent crimes per day are committed in the United States.

Regardless of the nature of your injury, our South Bend premises liability attorneys can explain what you can expect if you are considering a case.

How Our Premises Liability Attorneys Can Help

A short trip can turn into an endless ordeal when a serious accident takes you down for the count. If you are overwhelmed by skyrocketing medical bills and physically unable to work, it can become hard simply to make ends meet, much less obtain the resources necessary to stave off disaster.

You need attorneys with the compassion to support you during your struggles and the wisdom to bring them to an end. You need the South Bend premises liability attorneys at Hensley Legal Group, who are committed to getting justice for the average Hoosier.

If you choose to retain our services, we will carry out a thorough investigation into the causes of your accident and everyone who may be responsible for it within the time allotted by law. Our South Bend premises liability lawyers will also take swift action to prevent any negligent conditions from being repaired before they can be documented.

Once we have assembled an airtight case against every at-fault party, we will work to reach a settlement that takes into account the full spectrum of your losses, including:

● Medical expenses

● Lost wages

● Pain and suffering

● Mental and emotional impairment

● Diminished enjoyment of life

● Loss of intimate relations

● Punitive damages (if applicable)

And if we do not receive an offer that reflects the true value of your case, we are not afraid to proceed to trial for a verdict or judgment that does, unlike many of our competitors, who rarely, if ever, venture inside a courtroom.

You might not have the funds for further expenditures at this moment, so you may be pleased to learn that our firm works on a contingency basis. You will never have to pay us anything until our South Bend premises liability attorneys win your case.

The world may seem unstable right now, but Hensley will do whatever it takes to get you and your family back on solid ground.

Contact a South Bend Premises Liability Lawyer Today

Since 1998, Hensley Legal Group has devoted its practice to advocating for the innocent victims of negligence. Contact a South Bend premises liability lawyer today to discuss your legal options.

Call (317) 472-3333, chat with us online, or fill out our contact form for a complimentary case review with a knowledgeable premises liability attorney.