Premises Liability Lawyer Merrillville

Imagine walking into a grocery store in Merrillville, expecting a routine trip, only to slip on a wet floor with no warning signs and suffer a fractured hip. Or attending a community event where faulty wiring results in severe burns. These accidents happen far too often and leave victims with serious injuries, unexpected medical bills, and an uncertain future.

At Theodoros & Rooth, P.C., our Merrillville premises liability lawyers have been standing up for the injured since 1988. If unsafe property conditions have caused your injuries, you may have the right to pursue compensation for your losses. Contact your Merrillville personal injury lawyer at our firm today to schedule a confidential consultation and learn more about how we can help.

What Is a Premises Liability Case?

A premises liability case involves injuries caused by unsafe or hazardous conditions on someone else’s property. In Indiana, property owners have a legal responsibility to maintain safe premises for visitors. When they fail to address dangerous conditions, they may be held liable for the harm caused as outlined in Indiana Code § 34-51-2.

Working with a Merrillville premises liability attorney at Theodoros & Rooth, P.C. can help you better understand your rights and options. These cases often depend on proving that the property owner was negligent in their duties. By holding negligent parties accountable, you may be able to recover total compensation for the damages you have suffered.

Common Types of Premises Liability Cases

Premises liability cases can vary widely, but they often result in serious or even catastrophic injuries. Some of the most common types of premises liability cases your Merrillville premises liability lawyer takes on include:

Slip and Fall Accidents

Slip and fall accidents are among the most common premises liability cases. They occur when property owners fail to address hazards such as wet floors, icy sidewalks, or uneven surfaces. Victims can suffer devastating injuries, such as broken bones, concussions, or spinal damage, resulting in prolonged recovery and mounting medical expenses.

Dog Bites and Animal Attacks

Dog bites and other animal attacks can leave victims with lasting physical and emotional scars. Unlike other types of premises liability, these cases often involve strict liability, meaning the pet owner is responsible regardless of prior incidents. In Indiana, laws like Indiana Code § 15-20-1-3 hold owners accountable for injuries caused by their pets, even if the animal had no history of aggression.

Inadequate Security

Victims of inadequate security often face injuries resulting from preventable criminal acts, such as assaults or robberies. Property owners are legally expected to take reasonable steps to protect visitors, such as providing proper lighting, secure locks, or trained security personnel. Other examples of inadequate security could include:

Poorly lit parking lots where muggings or assaults occur.
Apartment complexes without functional locks on entry doors.
Businesses that ignore known risks of violence, such as failing to install cameras in high-crime areas.
Hotels or event venues without proper security at entrances.
Bars or nightclubs where altercations escalate due to lack of crowd management.

Swimming Pool Accidents

Swimming pools can be dangerous environments when safety precautions are ignored. Property owners are required to maintain pool areas to prevent injuries, particularly for children who may not recognize the risks. Inadequate fencing, malfunctioning drains, and slippery surfaces are common factors in these accidents.

Victims may suffer from near-drowning incidents, which can lead to permanent brain injuries or fractures caused by unsafe diving boards or pool decks. For families, the consequences of a preventable swimming pool accident can be devastating. In Indiana, property owners may be held liable for failing to provide adequate supervision or neglecting to fix hazardous conditions in a timely manner.

Establishing Liability in a Premises Liability Accident

Determining liability in a premises liability case involves analyzing the actions or inactions of the property owner and their connection to the victim’s injuries. Indiana law outlines specific duties property owners owe to those who enter their premises, depending on your status as a visitor.

Duty of Care

Property owners are legally obligated to maintain safe conditions for certain visitors, such as customers or invited guests. This duty requires taking reasonable steps to address hazards or warn visitors about them. However, the level of responsibility varies depending on whether the injured party was an invitee, licensee, or trespasser.

Breach of Duty

A breach of duty occurs when a property owner fails to meet their obligations, either by allowing hazards to exist or by neglecting to warn visitors about them. Examples might include failing to fix a broken step, leaving wet floors unmarked, or ignoring security risks on the property.

Causation and Damages

To recover compensation, the victim must prove that the property owner’s negligence directly caused their injuries. This requires establishing a clear link between the unsafe condition and the harm suffered. For example, in a slip and fall case, showing that ice left on the stairs caused the fall (and resulting injuries) would establish causation.

Statute of Limitations in Indiana

In Indiana, premises liability claims are governed by a strict statute of limitations. Under Indiana Code § 34-11-2-4, injured individuals typically have two years from the date of the incident to file a lawsuit. Failing to act within this timeframe can result in the loss of your right to pursue compensation.

What Types of Evidence Can Strengthen Your Premises Liability Claim?

Building a strong premises liability claim requires evidence that demonstrates the property owner’s negligence and the impact of your injuries. Each piece of evidence plays a crucial role in establishing fault and calculating damages. Your premises liability attorney can help identify and collect the types of evidence that are most effective in supporting your case.

Photographic Evidence

Photographs are one of the most effective ways to document the conditions that caused your injury and the harm you’ve suffered. Clear, detailed images can help show how the property owner’s negligence contributed to the accident. By capturing the scene from multiple angles, you can provide powerful visual proof to support your claim.

Take pictures of the scene immediately after the incident, including any visible hazards like wet floors, broken steps, or poor lighting.
Document your injuries, such as bruises, cuts, or swelling, with clear and detailed images.
If possible, include photos that show the broader context of the hazard, such as its location within the property.
Use timestamps on the photos to confirm they were taken immediately following the accident.
These images help provide visual support to demonstrate the property owner’s negligence.

Medical Records and Documentation

Medical evidence is critical in linking your injuries directly to the incident and demonstrating their severity. Your medical records should detail the treatment you received immediately after the injury and any ongoing care required.

Additionally, documentation of rehabilitation expenses, prescriptions, or medical devices further supports your case. Your premises liability lawyer will often use this information to calculate economic damages and establish the extent of your losses.

Potential Compensation for Injury Victims

Victims of premises liability accidents often face financial burdens, emotional distress, and physical pain due to their injuries. The purpose of awarding compensation is to ensure you are compensated fairly for every single way your life has been affected by the injuries you suffered. Here are some of the most common types of damages awarded in premises liability claims:

Economic Damages

Economic damages compensate for the direct financial losses resulting from an injury. These costs often represent the immediate and long-term impact of the accident, some examples of which could include

Medical bills, including emergency care, surgeries, and follow-up treatments.
Physical therapy, rehabilitation, and other recovery-related expenses.
Lost wages from time missed at work due to the injury.
Loss of earning capacity for those unable to return to their previous job.
Prescription medications, medical devices, and assistive technology.
Transportation costs for traveling to and from medical appointments.
Home modifications, such as wheelchair ramps or other equipment necessary after an injury.
Childcare expenses incurred due to physical limitations from the injury.
Costs associated with hiring in-home care or assistance during recovery.
Funeral and burial expenses in cases of wrongful death.

Non-Economic Damages

Non-economic damages address the intangible consequences of an injury that affect a victim’s quality of life. These damages often reflect the emotional and physical toll of an accident and might include:

Pain and suffering caused by the injury.
Emotional distress or mental anguish.
Loss of companionship for spouses or family members.
Diminished enjoyment of life due to permanent injuries.
Scarring and disfigurement resulting from the accident.
Anxiety, depression, or post-traumatic stress disorder (PTSD) linked to the incident.
Loss of independence, especially in cases involving mobility issues.
Loss of reputation in professional or social circles.
Strain on relationships with loved ones due to the effects of the injury.
Lingering trauma from the accident, such as fear of similar situations.

Punitive Damages

In some cases, victims may be awarded punitive damages when the property owner’s actions go beyond negligence and involve reckless or intentional misconduct. Indiana law, as outlined in Indiana Code § 34-51-3, awards these damages to deter similar behavior in the future.

Punitive damages are not intended to compensate for specific losses but to punish the responsible party for their egregious actions. For example, a property owner who knowingly ignored hazardous conditions or intentionally created a dangerous environment could face this additional penalty. Courts carefully evaluate these cases to determine whether the owner’s conduct warrants punitive damages.

Challenges Victims Can Face

Pursuing a premises liability claim can be complex, especially when you are already coping with the physical and emotional toll of your injuries. From gathering evidence to addressing disputes with property owners or insurance companies, there are many challenges that can come up during the process.

Proving Property Owner Negligence

One of the most significant hurdles is proving that a property owner’s negligence directly caused your injury. This often requires detailed evidence, such as photographs of the hazard, witness statements, or maintenance records, to demonstrate that the owner failed to address or warn about unsafe conditions.

Temporary hazards, like spills or icy sidewalks, can be particularly difficult to prove, as property owners may argue that they were unaware of the danger or that it was addressed as quickly as possible. You may benefit from working with safety experts or engineers who can provide additional evidence to support your claim.

Dealing with the Insurer

Another challenge you may face is dealing with insurance companies, which frequently prioritize minimizing payouts. Adjusters may argue that you share responsibility for the accident or dispute the severity of your injuries. You may feel pressured to accept low settlement offers that fail to fully cover medical expenses, lost income, or other damages. Prolonged delays or outright claim denials can add to the stress of an already difficult situation.

The Severity of Your Injuries.

Severe injuries, such as traumatic brain injuries, can also complicate premises liability claims. Brain injuries often require extensive medical care, including surgeries, rehabilitation, and long-term support, all of which can be difficult to document fully. Symptoms may not appear immediately, making it harder to establish a direct connection between the accident and the injury.

You may also face cognitive, emotional, and physical challenges that affect your ability to communicate the extent of your suffering. Additionally, property owners may attempt to argue that the injury was caused by a pre-existing condition rather than the hazardous situation that led to your injuries.

Contact a Top-Rated Premises Liability Lawyer in Merrillville for Help Today

Recovering from an injury caused by unsafe property conditions can leave you feeling uncertain about your next steps. You may be dealing with an excess of medical bills, lost wages, and the stress of trying to heal while holding the responsible party accountable. At Theodoros & Rooth, P.C., our premises liability attorneys in Merrillville have been representing injury victims for over 35 years, helping people like you secure the compensation they deserve after a serious accident.

These experiences can upend your life, but you do not have to go into the claims process alone. Contact us for a free, no-obligation consultation and learn how we can help you pursue justice and protect your rights. If you are ready to take the next step, reach out today by calling our office or completing our quick contact form.