Premises Liability Attorneys Assert Victims’ Rights
Holding negligent property owners accountable in Indiana, Illinois and Michigan
When you’re invited into a business or someone’s home, you have the right to expect you’ll be safe for the duration of your visit. But if the person in charge of the premises has been negligent about its upkeep, you could encounter an unexpected, dangerous condition and sustain a serious injury. For more than 30 years, Marshall P. Whalley & Associates, PC has helped victims of serious accidents obtain compensation from the parties responsible for their injuries. In premises liability cases, those parties include corporations, government entities, private individuals and powerful insurance companies that deny claims or offer to settle for far less than a case is worth. Our record of success, which includes dozens of multimillion-dollar damage awards, shows that we have the knowledge and resources to go after positive results for you.
Understanding premises liability law in Indiana, Illinois and Michigan
A premises liability claim arises when a visitor unexpectedly encounters an unsafe condition and sustains an injury. Common premises liability claims stem from:
- Dog bites
- Wet floors
- Dark hallways or stairwells
- Uneven floors, pavement or sidewalk
- Open manholes or elevator shafts
- Unattended swimming pools
The owner or dweller of a property has a duty to visitors regarding the condition of the place and the acts performed there. However, the owner’s duty does not extend to:
Warning visitors about open and obvious conditions on the premises.
Warning about hidden dangers unknown to the owner.
Protecting visitors from their own negligence while on the premises.
If you’ve been injured in a premises liability accident, your attorney must first present facts that show the owner had a duty to you. The owner’s duty is not a responsibility to eliminate all danger. Rather, the owner must take reasonable care under the circumstances, so the standard for safety on a construction site would be less than that of a restaurant.
Your attorney must present evidence showing the dangerous condition that injured you was known to the owner — or would have been known to an owner who was taking reasonable care — and was not known to you and would not have been obvious to a reasonable person. For instance, an owner who knew about debris on stairs, but did not sweep it up, might be liable for a trip-and-fall accident, unless the debris was so obvious that the visitor should not have tried climbing the stairs.
Premises liability cases are rarely as clear-cut as they seem to the injured party. To ensure that you get the compensation to which you’re entitled, see an experienced injury attorney with a record of success.
Contact a seasoned litigation attorney with the resources to take your case to trial
To get the most from your premises liability claim, you need an attorney with the experience and resources to take your case to trial if necessary. To learn more about what has made Marshall P. Whalley & Associates, PC so successful, talk to one of our gifted attorneys. Call 219.769.2900 or contact our Crown Point office online to set up a free consultation.