Ronda Holliday v. Lowes Home Center LLC

Hammond, Indiana personal injury lawyer represented the Plaintiff who sued the Defendant on a premises liability

negligence theory.



"Premises liability negligence law in Indiana is a legal doctrine that holds property owners and occupiers responsible for injuries that occur on their property due to a dangerous condition. A property owner or occupier has a duty to keep their property in a safe condition for invitees, licensees, and trespassers.



Elements of a Premises Liability Claim



To establish a premises liability claim in Indiana, the plaintiff must prove the following elements:



The plaintiff was an invitee, licensee, or trespasser on the property.

The property owner or occupier had a duty to keep the property in a safe condition for the plaintiff.

The property owner or occupier breached their duty of care.

The breach of the duty of care was the proximate cause of the plaintiff's injuries.

The plaintiff suffered damages as a result of their injuries.



Types of Dangerous Conditions



There are many types of dangerous conditions that can give rise to a premises liability claim, including:



Slip-and-fall accidents

Falls from heights

Objects in the path of travel

Defective equipment

Animal attacks



Defenses to Premises Liability Claims



There are a number of defenses that a property owner or occupier can raise in a premises liability claim, including:



The plaintiff assumed the risk of the dangerous condition.

The plaintiff was contributorily negligent in causing their own injuries.

The dangerous condition was not the proximate cause of the plaintiff's injuries.



Statute of Limitations



The statute of limitations for premises liability claims in Indiana is two years. This means that you must file a lawsuit within two years of the date of your injury. There are a few exceptions to this rule, so it is important to consult with an attorney to determine the specific time limit for your case.



How to Protect Yourself from Premises Liability Claims



As a property owner or occupier, you can take steps to protect yourself from premises liability claims, including:



Regularly inspecting your property for dangerous conditions and promptly fixing them.

Posting warning signs about known dangerous conditions.

Training employees on how to avoid creating dangerous conditions.

Having insurance to cover premises liability claims.



Conclusion



Premises liability negligence law is a complex area of law. If you have been injured on someone else's property, you should consult with an experienced attorney to discuss your legal options. An attorney can help you determine if you have a valid claim and represent you in court if necessary."



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Settled for an undisclosed sum and dismissed with prejudice.