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Case Number: 1:21-cv-03049
Judge: Sarah Evans Barker
Court: United States District Court for the Southern District of Indiana (Marion County)
Defendant's Attorney: Christi A. King, Pamela A. Paige
Description: Indianapolis, Indiana personal injury lawyer represented Plaintiff who sued Defendant on a premises liability negligence theory.
This case was filed in the Madison County Circuit Court, 48C01-2111-CT-000149, and was removed to federal court by the Defendant.
"Premises liability law is a complex area of law that governs the legal duties of property owners to those who are injured on their property. In Indiana, the law of premises liability is based on the common law doctrine of negligence. This doctrine holds that a property owner is liable for injuries caused by dangerous conditions on their property if they knew or should have known about the condition and failed to take reasonable steps to correct it.
There are three main categories of people who may be injured on a property and sue the owner:
Licensees: Licensees are people who are on the property with the permission of the owner, but for their own benefit, such as customers, guests, or social visitors.
Invitees: Invitees are people who are on the property with the permission of the owner for the benefit of the owner, such as employees, contractors, or delivery people.
Trespassers: Trespassers are people who are on the property without the permission of the owner.
The legal duties of a property owner to each of these categories of people vary. In general, property owners owe a higher duty of care to invitees than to licensees, and they owe the highest duty of care to trespassers.
For example, a property owner may be liable for injuries caused by a dangerous condition on their property if they knew or should have known about the condition and failed to take reasonable steps to correct it. However, a property owner may not be liable for injuries caused by a dangerous condition on their property if they did not know or should not have known about the condition and took reasonable steps to inspect and maintain the property.
The law of premises liability is complex and there are many factors that can affect a property owner's liability for injuries caused on their property. If you have been injured on someone else's property, it is important to speak with an experienced attorney to discuss your legal rights."
Outcome: Settled for an undisclosed sum and dismissed with prejudice.