Breach of Statutory Duty Attorneys in Indianapolis, Indiana

Being involved in a breach of statutory duty case can be challenging. If you or someone you know is facing such a case, it's important to contact an experienced business litigation attorney.

At Smid & Merchant, we strive to be your trusted legal advisor and our attorneys are experienced in handling breaches of statutory duty. Based in Indiana, we serve clients throughout the state, including Indianapolis, Fishers, Carmel, Noblesville, and Zionsville. Contact us today to schedule a consultation.

What is a Breach of Statutory Duty?

A breach of statutory duty occurs when an individual or organization fails to comply with laws enacted by the legislature. These laws typically impose specific obligations and responsibilities on parties to safeguard the public's health, safety, and well-being.  

For example, employers must provide a safe working environment for their employees. When these duties are not met, and someone suffers harm, they may have the right to seek compensation through a breach of statutory duty claim. 

To successfully claim a breach of statutory duty, the claimant must demonstrate that the statute was intended to protect a specific class of individuals. It must also be shown that the harm suffered was of the kind the statute intended to prevent.  

Different statutes have varying penalties and remedies for breaches, including fines, corrective measures, and compensation for affected parties. Individuals and organizations must know their statutory obligations to avoid legal disputes.

Often, a breach of statutory duty can arise in various sectors, including employment, housing, health care, and consumer rights. The law often prescribes explicit duties to protect vulnerable groups, and failure to adhere to these can result in legal consequences.  

For instance, landlords have statutory obligations to maintain rental properties to specific health and safety standards. If they neglect these duties, tenants may claim compensation if they suffer harm.  A critical aspect of these cases is establishing a direct link between the breach and the harm incurred, which often requires comprehensive evidence and legal interpretation.  

Indiana Laws Governing Breach of Statutory Duty

Indiana has several statutes that impose duties on individuals and organizations. One prominent example is the Indiana Occupational Safety and Health Act (IOSHA), which requires employers to maintain a safe workplace. Failure to comply can result in significant penalties and provide grounds for a breach of statutory duty claim. 

Another important statute is the Indiana Civil Rights Law, which mandates equal treatment in employment, housing, education, and public accommodations. Violating these laws can also lead to a breach of statutory duty claim. 

The Indiana Code also includes environmental regulations that impose duties on businesses to prevent pollution and protect natural resources.  

For instance, the Indiana Environmental Regulatory Act governs waste management practices and establishes specific requirements to limit environmental harm. Non-compliance can jeopardize public safety and subject violators to potential claims for breach of statutory duty. 

How Our Firm Handles Breach of Statutory Duty Cases

At Smid & Merchant, we strive to provide a thorough and strategic approach for your breach of statutory duty case. Some of the ways we can help include:

• Initial consultation: We'll conduct a detailed discussion to understand the specifics of your case and determine the best course of action. 

• Gathering evidence: Our team will help you collect all relevant evidence, including documents, witness statements, and expert opinions, to build a robust case. 

• Legal strategy: We will work with you to develop a tailored legal strategy that aligns with your objectives and maximizes your chances of success. 

• Negotiation and litigation: Whether through negotiation or litigation, we will strive to advocate on your behalf to help achieve a fair resolution. 

• Communication: We strive to maintain open and transparent communication to keep you informed about the progress and developments of your case. 

• Post-resolution support: After resolving your case, we offer additional support to help you understand and implement any necessary steps to prevent future breaches. This includes advice on compliance and policy or procedural adjustments to mitigate risks. 

• Risk assessment: We will conduct a detailed risk assessment to identify potential areas of non-compliance within your organization, helping you proactively address these issues before they create legal challenges. 

• Training and education: We offer training sessions and educational resources for your employees and management team, equipping them with the knowledge to understand statutory obligations and effectively implement best practices.