South Bend Premises Liability Attorneys
Whether we visit a public space to do our shopping or the private property of a friendly neighbor, we have a reasonable expectation that it will be both safe and secure. When a property owner neglects his or her duty of maintaining the area to help prevent harm to others, he or she is putting you and your loved ones in danger.
If you sustained injuries in an accident due to a property owner’s negligence, we recommend that you get in touch with our South Bend premises liability attorneys as soon as possible.
Find out if you may have grounds for a case by contacting the law offices of Pfeifer, Morgan & Stesiak to schedule a free consultation with one of our knowledgeable attorneys. There is no obligation or cost for this service.
If we take your case, you gain the benefit of our proven track record, which is evidenced by the millions in compensation we have recovered for our clients. These results include a $925,000 settlement obtained on behalf of a client that was struck by a forklift after leaving a walk-in cooler on a farm where he was buying produce.
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Am I Eligible to File a Case?
To answer that question, it is important to take into consideration all the factors involved in your accident and how you were injured. Additionally, the burden of proof is on the injured victim, so you must be able to show liability on the part of a property owner. To accomplish this, an attorney will use the legal theory of negligence.
The components of this theory include:
- Establishing the property owner or landlord owed you a duty of care – If the defendant was the owner or lessee of the property, he or she is responsible for maintaining safe premises and taking reasonable steps to prevent harm to any visitors.
- Breached duty – It is not enough to show the owner owed you a duty of care, you must also show that he or she neglected that duty, such as if there was a dangerous condition that he or she knew or should have known about, but no steps were taken to correct the issue.
- Directly caused the Injury – If there was a breached duty of care, the failure must have been the direct cause of your injury.
- Damages – Your lawyer must be able to show you suffered tangible damages from the accident and your resulting injuries, such as lost earnings or related medical costs.
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How Much Could My Case Be Worth?
If an attorney finds that your case has merit, it is important to investigate your accident to help ensure you are compensated for the full value of your claim. Without knowing what unique circumstances may apply in your situation, it is difficult to specify a monetary amount.
Our South Bend premises liability attorneys recommend that you take advantage of our free, no-obligation case evaluation to learn more about how we may be able to help you. This meeting is also a good opportunity to ask questions about how premises liability cases are handled in Indiana.
Typically, if you have grounds for a case, there are several types of compensation you may be eligible to pursue, including:
- The medical costs associated with your injuries
- Costs related to going to and from your medical appointments
- Surgery you may require at the time of injury or in the future
- Physical or rehabilitative therapy
- Pain and suffering
- Loss of enjoyment
- Disfigurement or scarring
- Lost Wages
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Property Owner Liability
When property owners fail to maintain the premises and keep it reasonably safe for visitors, they may be held liable for the damages. The owner may also be held liable if he or she neglected to correct and repair known hazards and a visitor suffers harm because of it.
For example, if snow or ice accumulates on a property’s sidewalks, the property owner or landlord owes his or her tenant a duty of care to remove it, as it clearly could cause someone to be injured in a slip and fall.
Victims of negligent property management may be eligible to recover damages for their injuries, however, according to Indiana’s statute of limitations for filing a premises liability claim, they have just two years from the date of the accident to file a claim.
Categories of Visitors to a Property
There are generally three visitor categories when considering a premises liability claim. In Indiana, these categories are:
- Invitees: Generally, this type of visitor is on a property for commercial purposes, such as if he or she is a customer going grocery shopping or visiting a mall. In these situations, owners must mitigate known hazards or effectively warn visitors about their presence. For example, placing a sign to indicate a wet floor may be an example of adequate notification about danger.
- Licensee: When a property owner invites a licensee to his or her property, such as family members, neighbors, friends or other social visitors, he or she is required to provide reasonable warning of potential dangers on the property. This is particularly important for dangers visitors are not likely to discover on their own.
- Trespasser: Those who enter a private property without legal permission of the owner are not provided the same legal protection. In fact, a trespasser will not be able to hold a property owner liable unless the owner intentionally caused the trespasser harm.
What if the Trespasser is a Young Child?
There is more leniency when a child is injured as a trespasser. Often a child, especially one who is young, may not understand what trespassing is or the danger he or she may be getting into by going on someone else’s property. In this case, a property owner may still be liable if he or she did not take reasonable steps to keep children off the property or protect them if they gained access. A common example of this is a swimming pool that does not meet state safety requirements, such as a gated enclosure.
Our South Bend premises liability lawyers are committed to helping injured victims hold property owners accountable for negligent actions.
Have legal questions? We have answers. Call: (844) 678-1800
How an Attorney May Benefit My Claim
Having an attorney on your side may mean the difference between receiving an unreasonably low offer, which is not likely to cover all your damages, and recovering maximum compensation.
We strongly recommend that you contact us as soon after the accident as possible, even if you think you may have partially contributed to the accident in some way. In Indiana, if you are not found liable for more than 50 percent of the accident, you can still pursue a claim to recover damages. That said, your percentage of fault will be used to reduce your compensation award, according to Indiana’s modified comparative fault rule.
Speaking with one of our attorneys can help you to determine whether you may have any legal options. After meeting with us and taking advantage of our free initial case evaluation, you are under no obligation to use our services. However, if you do choose to hire one of our South Bend premises liability lawyers, we are prepared to:
- Fully investigate the cause of the accident
- Gather evidence to support and build a robust claim
- Speak with any eyewitnesses that may be available
- Communicate with the property owner, insurance companies and others on your behalf
- Keep you fully informed about the status of your claim throughout the legal process
Injured victims who hire a qualified attorney often recover significantly more compensation than those who do not.
Common Injuries That May Occur
The type and seriousness of premise liability injuries vary from one accident to another, but the ones we see often see include:
- Head injuries, such as a concussion or traumatic brain injury
- Soft tissue or other musculoskeletal injuries, including injured ligaments, muscle sprains and strains and tendon injuries
- Fractured limbs
- Spinal cord injuries
Our licensed attorneys are ready to assist you with your potential claim. With more than 100 years of combined legal experience, we have a thorough understanding of state laws, and we are ready to fight for maximum compensation on your behalf.
Property Conditions That Can Cause Serious Injuries
There are a variety of unsafe conditions that may result in premises liability claims, including:
- Ungated or unsafe swimming pools
- Elevator/escalator accidents
- Snow and ice that has not been removed
- Construction zone accidents
- Falling object
- Supermarket falls
- Amusement park accidents
- Wet or oily surfaces
- Exposed wiring
- Asbestos exposure
- Sharp objects that become exposed on the property
- Domestic animal injuries, such as dog bites
- Equipment or machinery that malfunctions
- No safety railing on stairs
- Loose floorboards or torn carpeting
- Fires or explosions
Type of Premises Liability Claims We Handle
Any premise liability accident can cause serious injuries and result in costly medical bills and a lengthy recovery. Our firm is prepared to handle cases involving slips and falls, negligent security, construction site accidents, dog bite injuries, malfunctioning elevators, swimming pool accidents and more.
These claims can be complicated, especially if the property owner does not want to cooperate. Our attorneys are prepared to work hard for you, and we are ready to use every tool at our disposal to help obtain the maximum compensation for your injuries.
Seek Legal Help from a South Bend Premises Liability Lawyer
It can be overwhelming to try to pursue a legal claim on your own, especially after suffering an injury. At Pfeifer, Morgan & Stesiak, we are prepared to assist you through every step of the legal process. We want you to be able to focus on your recovery, so you can get back to your life as quickly as possible.
There is no risk in calling our firm to learn how we may be able to help you. Our initial consultations are completely free, and there is no obligation to hire our services. If we find you have a claim and we represent you, there is nothing to pay up front or while we work on your case. If we do not recover compensation for you, we do not get paid.
Our law offices are located at 53600 N Ironwood Drive, South Bend, IN 46635, about three miles from the Saint Joseph Regional Medical Center
FREE Case Review. Ph: (844) 678-1800