Burgers, Bonfires, and Broken Bones: Premises Liability at Indiana Summer Gatherings

Backyard cookouts, block parties, and neighborhood bonfires are among the best things
about summer in Indiana. They are also, from a legal standpoint, events where things can
go wrong quickly. Burns from grills and fire pits, falls on wet pool decks or uneven
walkways, trampoline injuries, and alcohol-related accidents are all common at private
summer gatherings. When they happen because a property owner failed to take
reasonable precautions, Indiana law may provide a path to recovery.

What Property Owners Owe Their Guests

Indiana’s premises liability law requires property owners to exercise reasonable care
toward people they invite onto their property. Guests at a cookout or backyard party are
generally treated as invitees, which means the property owner owes them a duty to
maintain the property in a reasonably safe condition and to warn them of known hazards
they might not discover on their own.

When the gathering has a business dimension, a company picnic, a client event, a
neighborhood association cookout, attendees may be considered business invitees,
triggering a somewhat higher duty that includes an obligation to actively inspect the
property for potential dangers rather than simply addressing the ones the owner already
knows about.

In either case, hosting a gathering is not a passive act under Indiana law. Inviting people
onto your property brings with it a legal responsibility to think through the risks that come
with it.

Where Summer Injuries Most Often Happen

Grills and fire pits. Open flames at a crowded backyard party are an obvious hazard. A
property owner who positions a grill in a high-traffic area, fails to supervise children near
an open fire, or allows guests to crowd around a fire pit without adequate space may be
liable if someone is burned as a result.

Trampolines. Few pieces of backyard equipment generate more injuries—or more legal
exposure—than trampolines. Broken bones, sprains, and head injuries are common,
particularly when multiple people use them at once or when children use them without
supervision. A property owner who makes a trampoline available to guests takes on
responsibility for the foreseeable risks that come with it.

Slip and fall hazards. Wet pool decks, loose porch steps, uneven walkways, and
extension cords running through high-traffic areas are among the most common causes
of premises liability claims at summer gatherings. These are exactly the kinds of
conditions a property owner should identify and address before guests arrive.

Alcohol and Host Liability

Most summer gatherings involve alcohol, and alcohol increases the likelihood of
accidents across the board — from pool incidents to falls to burns. As we discussed in
our post on Fourth of July drunk driving accidents, Indiana generally does not hold social
hosts civilly liable for injuries caused by intoxicated adult guests after they leave the
property. But there are limits to that protection.

A host who serves alcohol to a minor faces potential criminal liability and civil exposure
for any resulting injuries. And a host who serves alcohol to a guest they know is visibly
intoxicated—and that guest then injures someone on the property or elsewhere—may
face liability depending on the circumstances. Hosting responsibly means being aware of
these risks, not just hoping for the best.

What to Do If You Were Injured

If you are hurt at a summer gathering, document the scene and your injuries as thoroughly
as possible. Photographs of the condition that caused the injury — the uneven step, the
poorly placed grill, the trampoline without safety netting — can be critical evidence. Get
medical attention promptly, even if the injury seems minor at first. Indiana’s two-year
statute of limitations applies to premises liability claims, and the physical evidence that
supports your case may not last nearly that long.

If you have been injured at a summer gathering in Indiana, the personal injury attorneys
at McNeelyLaw can help you evaluate your options. Call us at (317) 825-5110.

This publication is provided for general informational purposes only and does not
constitute legal advice or a legal opinion regarding any specific facts or circumstances.
You are encouraged to consult an attorney about your particular situation.