Your Premises Liability Slip & Fall Lawyer

We’re here to help with your case.

Slip & Fall Premises Liability Attorney Foley & Small

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:

    • Slip and Fall. A restaurant or store fails to mop up a wet floor or to clear an entryway of snow and ice, and a customer slips and falls.
    • Inadequate Maintenance. A landowner fails to maintain the premises in such a way as to avoid injury to the public, such as when a gutter leaks near a doorway and ice forms on the pavement from the leak causing one to slip and fall.
    • Defective Conditions. An apartment complex owner fails to repair or warn of a dangerous condition on the premises, such as when a set of concrete steps decay and crumble and a person falls due to the uneven surface or the loose debris.
  • Inadequate Security. A parking garage company fails to install adequate lighting or to patrol to prevent criminal activity from taking place on the premises.

Foley & Small has handled premises liability cases falling into all of these categories. Foley & Small is well acquainted with 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.

Why Foley & Small?

1. Experience

Our Attorneys each have 30+ years in the practice of law.

2. Respect

Our Attorneys each have the highest rating from their peers.

3. Success

We have a history of successful jury trials and maximizing settlements.

4. Caring

We do not handle thousands of cases, but a select few; providing our clients with individualized attention assisted by a kind and caring staff.

Premises Liability Law

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.

Invitee

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.

Licensee

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 the licensee or acting in a way that would increase the licensee’s peril.

Trespasser

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.

Foley & Small Premises Liability Experience

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.

Let's Discuss Your Case Today.

 

 

We want to hear from you and discuss how we can help. Remember, working with Foley & Small is like having a lawyer in your family.

 

  • We only get paid if we recover for you.

  • We have an entire team ready to work for you.

  • We want to help you in any way we can, including with medical bills and insurance issues.

We are ready to help in any of the following areas:

Serving communities in
Indiana and Michigan
for over 30 years.

Foley & Small handles and tries cases across Indiana and Michigan.
This includes working in the following counties, county seats, and cities:

News

What to Do if You Have a Defective Medical Implant

Risk and complications associated with implants include infection, surgical failure, and a failure of the actual implant itself. So, what should you do if you have a defective medical implant?

What to Do if a Dog Bites

While most dogs are not aggressive and will never bite a human or another dog, the CDC reports that there are approximately 4.5 million dog bites each year.

7 Types of Litigation

Litigation is the term used for legal proceedings to decide disputes between persons, business entities, organizations such as not-for-profit and charitable groups, and claims involving federal and state governments. There are various types of litigation, let’s discuss.

How Will My Medical Bills Be Paid?

One of the most common questions our clients ask us concerns how their medical bills will be paid. As is often the case, the answer depends on our client’s particular situation. Let’s discuss:

What Can I Recover in a Personal Injury Lawsuit?

From unexpected medical bills and lost wages to emotional distress, recovery from a personal injury lawsuit may seem impossible, but with support, it can be achieved.

Philips Recall of Bi-Level PAP and CPAP Devices

Philips Respironics—a company related to Royal Philips of Germany—began a voluntary recall issued in June 2021 of over 3.5 million Philips...

Medical Malpractice Statute of Limitations: What You Need to Know

Statutes of limitations vary depending on the nature of the offense. Let’s discuss the medical malpractice statute of limitations and its terms in Indiana.

The Lawsuit Settlement Process: What to Expect

From receiving necessary information on status to understanding the lawsuit settlement process, many turn to their lawyers. Foley and Small are no different.

Common Types of Medical Errors (and What You Can do About Them)

Doctors and other health professionals, prioritize patient health and safety in every interaction. However, as humans, medical errors can still occur.

Preventing Wintertime Falls

While snowy conditions are inevitable here in Michiana, wintertime falls are not. Much can be done by store and mall operators and businesses to protect their customers and visitors from falling on sidewalks and driveways.

Foley & Small
1002 E. Jefferson Blvd.
South Bend, IN 46617