Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing a defense that is commonly raised in response to an Indiana premises liability case. The case involved a defendant’s allegations that it was unaware of the hazard that caused the plaintiff’s fall and, thus, could not be held liable for the plaintiff’s injuries.
Indiana Premises Liability Law
In Indiana, landowners owe a duty of care to those whom they invite onto their property. The extent of that duty depends largely on the reason for the plaintiff’s visit. Customers or others who are present on a defendant’s property for business purposes are owed the highest duty. In these cases, the landowner must fix any dangerous condition on their property or warn the visitor about hazards that may not be obvious. However, if the landowner is unaware of the hazard, they may not have a duty at all.
According to the court’s opinion, the plaintiff was a patient at a doctor’s office. As the plaintiff walked by a desk, she felt something catch the leg of her pant. The plaintiff fell to the ground, resulting in serious injury. After the fall, as the plaintiff was prone on the ground, she noticed that a wheelchair was leaning up against the desk just a few feet from where she was.