Premises liability and slip and fall cases arise where a visitor is hurt due to a dangerous condition on land owned or rented by another. Examples of common premises liability cases include:
Foley & Small has handled premises liability cases falling into all of these categories. Foley & Small is well acquainted the law applicable to such claims and is experienced and able to identify and obtain the information necessary to obtain the best outcome for our clients.
If a person is injured on the property of another, a court will impose liability on the property owner or possessor if (1) the property owner or possessor owed the injured person a duty of reasonable care and (2) the property owner or possessor acted negligently in maintaining or otherwise using the property. Whether the property owner or possessor owed the injured person a duty of care, as well as the extent of care owed, depends on the relationship between the person owning or holding the property and the injured person.
An invitee is a person who is invited upon the property to conduct business with the possessor or is invited for another purpose, such as to attend a social gathering. Typically, possessors of property owe invitees the highest duty of care. Under Indiana law, an owner owes a business or social invitee the duty to exercise reasonable care to ensure they are exposed to an unreasonable risk of injury.
A licensee is a person who has the consent of the owner to be on the property, but is not on the property for a purpose that benefits the owner financially or socially. For example, if a landowner is asked and consents to another hunting on the property, the hunter would be a licensee. The owner of the land is not liable for any defects in the condition of the land and he or she does not have the duty to maintain his premises in a safe condition. The only affirmative duty a landowner owes to a licensee is to refrain from willfully or wantonly injuring licensee or acting in a way that would increase the licensee’s peril.
Property owners owe the lowest duty of care to trespassers. A landowner owes a trespasser the duty to refrain from willfully or wantonly injuring him or her. However, with regard to children, Indiana courts long have recognized that landowners may sometimes owe a higher duty of care, even when the children are trespassers. The attractive nuisance doctrine recognizes that a child may be incapable of understanding and appreciating all of the possible dangers that may be encountered in trespassing.
-Douglas D. Small
-Edmond W. Foley
Represented estate of man electrocuted while working on farm property. Settlement with certain defendants and trial with one defendant.
Represented estate of middle age woman who suffered fatal injuries during the course of a car semi-tractor collision.
Represented estate of man who died from injuries due to collision with a semi-tractor trailer.
Represented family members suffering injury after being struck by a delivery vehicle which failed to stop for a stop sign.
Represented delivery driver of RV units injured in crash with vehicle on interstate highway resulting in severe lower extremity injuries. Settlements with two defendants and verdict against a third defendant.
Represented client rearended by truck resulting in concussive and hand injuries.
Represented client involved in an intersectional accident resulting in chest and upper extremity injuries.
Represented woman struck by a vehicle involved in a high speed auto chase.
Represented high school student injured in highway intersection accident suffering vertebral fractures.
Represented elderly handicapped gentlemen who fell on asphalt debris in apartment complex parking lot.
Represented woman injured at county road intersection collision suffering complex hand injuries.
Lead counsel in Indiana working to secure a settlement of $125,000,000.00 against the New England Compounding Center and its officers, directors and employees arising from fungus contaminated epidural injections distributed throughout the United States, including Indiana and Michigan.
Represented worker injured at work site due to injuries caused by third party contractors (not employer).
Retail store slip and fall claim resulting in brain injury.
Represented estate of employee injured as a result of an at-work explosion caused by third party contractor.
Represented woman injured due to defective product resulting in injuries involving significant complications and multiple follow up procedures.
Represented estate of construction worker injured who suffered fatal injuries during the course of assisting and the unloading of construction materials from a trailer.
Foley & Small has handled many premises liability cases. Foley & Small will retain engineering and other experts to testify on standard of care issues. Foley & Small is also experienced with applicable building and city code requirements that can apply to property owners and with national safety standards that apply to various situations involving a premises liability claim.
If Foley & Small can be of help to your or your family, email us from our Contact page or call us at 800-276-2525.
Foley & Small handles and tries cases across Indiana and Michigan. This includes working in the following counties, county seats and cities: