Balcony Slip & Fall Injuries Attorney in Indiana
Thoroughly Representing Clients Throughout Their Case
You might be surprised to know that injuries to tenants and guests who fall from improperly maintained or designed balconies at restaurants, apartments, condominiums, or hotels occur with frightening frequency in Indiana. Balcony falls can be caused by several different factors. Hotel, condominium, and other property owners might not keep their properties up to date with appropriate requirements such as safety codes or industry standards.
To learn more about how we can help, contact McKibben Shaw Law today.
How to Hold a Landlord Responsible for a Balcony Fall Injury in Indiana
To establish a claim for “negligence” on the part of a landlord, business owner or apartment complex, you must show that the duty of “reasonable care” was breached (not met). This means the property owner must have actual or constructive knowledge (knew or should have known) of the presence of the hazardous condition of the balcony to be held liable.
At McKibben Shaw Law, we believe it is never “reasonable” for a landowner to do anything but the safest choice available – especially if that choice costs little or nothing to ensure the property is safe for everybody.
One way to hold a landlord responsible for a dangerous condition of the balcony is if the landlord should have discovered the condition based on a reasonable inspection schedule of the property. That is called “constructive knowledge” of the balcony problem.
Another way is if you or another tenant informed them about the dangerous condition, and they took no action to fix it. That provides “notice” or actual knowledge to the landlord of the balcony problem. Yet, another way to hold a landlord responsible is if the landlord was aware of the dangerous condition and didn't put up an appropriate warning sign to advise you of the potential danger, prevent you or others from using the balcony or fix the balcony properly.
Can I Recover if the Fall was From a Balcony on Property I Rented?
It depends upon the idea of notice. “Notice” of the defect is important in cases where you are injured inside your own apartment. Keep track of all complaints made to a landlord and repairs made to your apartment or house. It might be important later if that item causes your injury.
If you or another tenant have informed the landlord of a faulty balcony and the landlord fails to correct this condition and you suffered injuries as a result, you can try to prove that the landlord was negligent.
Another important consideration is the lease itself. Some leases surrender possession of the entire premises to you, the tenant, who attempts to relieve the landlord for any liability in a subsequent injury during the leasehold.
Call McKibben Shaw Law at (800) 777-7777, for detailed information on how we can resolve your case.
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