Defendant's Attorney: New Albany, Indiana insurance defense lawyer represented the Defendant.

Description: New Albany, Indiana personal injury slip and fall lawyer represented the Plaintiff who used the Defendant on a premises liability negligence theory.

This case was filed in the Clark Superior Court #6, 10D06-2301-CT-000008, and was removed to federal court by Target.

Indiana Premises Liability Law:

Premises liability law in Indiana protects individuals from injuries sustained on another person's property due to the owner or possessor's negligence. Here's a breakdown of the key aspects:

Duty of Care:

The duty of care owed by a property owner or possessor depends on the status of the injured person:

Invitee: Owes the highest duty of care to exercise reasonable care to keep the premises safe from foreseeable dangers. This includes customers, business guests, and social guests.
Licensee: Owes a duty to warn of known or concealed dangers and refrain from creating additional hazards. This includes social guests with implied permission and those entering for their own purpose without objection.
Trespasser: Owes no duty to keep the premises safe from dangers, but must refrain from willful or wanton acts that cause injury.

Breach of Duty:

The injured person must demonstrate the property owner or possessor breached their duty of care by:

Having a dangerous condition on the property.
Knowing or reasonably should have known about the dangerous condition.
Failing to take reasonable steps to warn of the danger or fix the condition.

Causation:

The dangerous condition on the property must have directly caused the injured person's harm.

Damages:

If successful, the injured person may be entitled to compensation for:

Medical expenses: Costs associated with treating the injury.
Lost wages: Income lost due to the injury.
Pain and suffering: Compensation for physical and emotional distress.
Disability: Compensation for permanent or long-term limitations caused by the injury.
Property damage: If personal property was damaged on the property.

Comparative Negligence:

Indiana follows a modified comparative fault system. This means:

If you are less than 51% responsible for your injuries, you can recover damages from the property owner or possessor, but your recoverable damages will be reduced by your percentage of fault.
If you are 51% or more responsible, you cannot recover any damages from the property owner or possessor.

Statute of Limitations:

Generally, you have two years from the date of your injury to file a premises liability lawsuit in Indiana. There are some exceptions to this rule, so it's important to consult with an attorney to ensure you don't miss the deadline.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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