The challenges of proving fault in premises liability cases

Thousands of people suffer injuries each day on other people’s property. While most of these injuries are accidental, injured victims typically feel that the person responsible for the accident should be held liable. The law agrees and as such, many attorneys have devoted their practices to premises liability. This area of the law helps injured parties acquire the compensation they are due to pay medical expenses and other costs associated with the injury.

As in other legal areas, premises liability can be complicated with many challenges for victims and their lawyers to overcome. Even though the injury occurred on another party’s property, the victim is still responsible for proving fault.

One of the challenges to overcome is identifying the victim’s legal status. What this means is simply showing that the victim had a right to be on the premises. For example, a trespasser has no right to be on the property and will have an extremely difficult time winning a premises liability case if he or she becomes injured.

Another potential challenge in premises liability involves showing that the condition of the property was not reasonably safe at the time of the injury. This is important because property owners have a duty to ensure the property is reasonably safe for visitors or guests. For example, if ice has built up outside of a storefront and a customer slips and falls, the owner could be held liable for the customer’s injuries because he or she failed to remove the ice.

If you have been injured on someone else’s property in Indiana, it is wise to speak with a personal injury attorney. Together, you and your lawyer can decide how best to move forward in your mutual goal of finding a remedy for your injuries.

Source: FindLaw, “Premises Liability: Who Is Responsible?,” accessed Feb. 20, 2017

Author Matt Boulton

Attorney Matt Boulton is an award-winning personal injury attorney with more than 25 years of experience helping seriously injured people throughout Indiana. He designed his firm for the client who expects exceptional service and passionate, successful legal representation.

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