Articles Posted in Land Owner Liability

The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment in favor of a cemetery in an Indiana premise liability case. In Lowrey v. SCI Funeral Servs., Inc., Donald Lowrey and Barbara Lowrey were visiting their daughter’s interment site at the Elm Ridge Funeral Home & Memorial Park in Muncie, Indiana.…

Governmental entities in Indiana have a duty to exercise reasonable care to keep roadways and sidewalks reasonably safe for travel. However, governmental entities also enjoy immunity under certain circumstances. In two recent cases dealing with governmental immunity for losses caused by temporary conditions of roadways resulting from weather, the Indiana Court of Appeals has questioned…

The Indiana Court of Appeals recently affirmed a trial court’s grant of summary judgment in favor of a property owner finding it had no duty to the traveling public as a result of tall grass on its property. In Reece v. Tyson Fresh Meats, Inc., a 92-year-old motorist, Harold Moistner (“Moistner”), pulled out into an…

As cold weather with the potential for snow and ice accumulations in store parking lots and on sidewalks approaches, the Indiana Court of Appeals’ recent decision in Pioneer Retail, LLC v. Jones is a reminder to businesses that despite not being an owner of the property, businesses can still be held liable for injuries to…

The Indiana Court of Appeals recently found in favor of a restaurant and winery in an Indiana slip-and-fall case. In Cooper’s Hawk Indianapolis, LLC v. Ray, the Plaintiff, Katherine Ray, while at Cooper’s Hawk Winery & Restaurant (“Cooper’s Hawk”), went to use the restroom and slipped and fell on her way out of the restroom…

The Indiana Court of Appeals recently reversed a trial court’s decision allowing a slip-and-fall claimant’s case to move forward against a governmental entity despite non-compliance with the Indiana Tort Claims Act (ITCA). In City of Columbus v. Londeree, the Plaintiff, Debra Londeree, slipped and fell on ice in the parking lot of the Foundation for…

The Indiana Court of Appeals recently resolved a dispute between an apartment complex property manager, Buckingham Management, L.L.C. d/b/a Bradford Place Apartments (Bradford), and a snow-and-ice removal contractor, Tri-Esco, Inc. (Tri-Esco), arising out of a slip and fall injury that Deborah Perez (Perez) suffered when she slipped and fell on ice at the Bradford Place…

The Tri-State’s first accumulating snow of the season is melting. The wintry conditions we just experienced inevitably lead to slips and falls, some of which will lead to traumatic brain injuries, neck and back injuries, broken ankles and wrists, fractured hips, and muscle and ligament tears, strains and sprains. For many who slip and fall,…

Many people may already associate premises liability claims with what is referred to as slip and fall injuries. However, these claims can involve a lot more than slipping on a store floor and getting hurt. In Indiana, there are a wide variety of situations that can lead to a premises liability case. If a store…

Shopping at stores is a regular part of life for most people. These visits have become so common that many may take for granted that they will be safe while visiting. Unfortunately, this is not always the case as store patrons are hurt every day in incidents that could have been prevented had the store…