Feb

4

Homeowner’s Responsibility for Ice and Snow Removal from Indianapolis Premises Liability Lawyers

February 4, 2011 | Comments Off

Personal Injury AttorneysNow that the Midwest is  mired in one of the worst ice and snow  storms in recent times, it is good for homeowners and invitees of homeowners (including social guests) in Indiana, to know what to expect from the Courts if someone were to fall and be injured on the homeowners premises.  The good news for invitees is that Indiana law requires homeowners to exercise reasonable care to protect them against physical harm.    

The good news for homeowners is that their responsibility to protect invitees on their property is the exercise of reasonable care.  The homeowner does not guarantee the safety of his/her invitee.  Even if someone is hurt on the property, there is no liability so long as the homeowner has exercised reasonable care under the circumstances.

The legal requirements for liability are as follows:

An owner/occupant of property is liable for injury caused to an invitee by the property’s condition only if the owner/occupier:

  1. Knew that the condition existed and realized that it created an unreasonable danger to an invitee, or should have discovered the condition and its danger;
  2. Should have expected that the invitee would not discover or realize the danger of the condition, or would fail to protect himself or herself against it ; and
  3. Failed to use reasonable care to protect the invitee against the danger.

The end result is good for everyone.  The invitee knows that the homeowner is not guaranteeing his/her safety but will exercise reasonable care to protect them from physical harm caused by the condition of the property.  In the same way, the homeowner knows that he/she is not guaranteeing anyone’s safety, but must do what common decency requires—exercise reasonable care for the safety of his/her invitees.

Last 5 posts by Jim Young


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