As a general rule, landowners have a duty to ensure that their property is safe for those whom they invite onto their land. An invitation may be an explicit one, such as an invitation to join a neighbor for dinner, or it may be implicit given the circumstances, such as a customer who visits a business. In either case, a duty arises on the part of the property owner.
The extent of the duty owed to a visitor depends largely on the relationship between the two parties and the purpose of the visit. For example, a business invitee, i.e., a customer, is owed the highest duty. When a landowner fails to take the necessary precautions to ensure their property is safe, they may be held liable through an Indiana premises liability lawsuit.
Of course, not all injuries occurring on another party’s property will result in the landowner being liable for the injuries. As a recent case illustrates, if a court determines that the hazard causing the plaintiff’s fall was “open and obvious,” the landowner does not owe the visitor a duty to warn them of the hazard.