When someone is injured due to the alleged negligence of another party, the injury victim can pursue a claim for compensation against the parties they believe to be at fault for their injuries. These cases all fall under the umbrella of Indiana personal injury cases. However, there are several different types of personal injury cases, and courts apply slightly different legal standards according to the type of claim that is brought. A recent state appellate decision illustrates the importance of the legal standard that is applied by the court.
The case arose when the plaintiff, who was a guest at the defendant’s property, was injured in a golf cart accident. The defendant was driving the cart at the time of the accident. The plaintiff sued the defendant, claiming that the defendant acted negligently by operating the golf cart in an unsafe manner. The plaintiff’s claim made no mention of a premises liability theory, and did not mention the defendant’s status as the owner of the property where the accident occurred.
The defendant claimed that he did not violate a duty of care that he owed to the plaintiff. The defendant characterized the plaintiff’s claim as one of premises liability, arguing that the plaintiff was a licensee on his property, and thus he only had a duty “to refrain from willfully, wantonly, knowingly, or intentionally injuring her.”