Slip and fall accidents are among the most common types of personal injury cases filed in Indianapolis. While these incidents might seem minor, they can lead to severe injuries, mounting medical bills, lost income, and pain and suffering. To prove negligence of the property owner or occupier, seek Indiana slip and fall legal help from an experienced premises liability lawyer.
Premises Liability Law in Indiana
Premises liability is the legal theory that holds property owners and occupiers responsible for accidents and injuries that occur on their property. Slip and fall claims fall under this broader legal concept.
In Indiana, property owners owe a duty of care to those lawfully on their premises. However, the extent of that duty varies depending on the injured person’s legal status.
Legal Classification of Visitors in Indianapolis
Indiana law categorizes people on property into three groups:
Invitees
These are individuals who enter the property for a business or commercial reason at the owner’s invitation (e.g., shoppers, customers, tenants).
Legal Duty Owed: The highest duty of care. Property owners must maintain the premises in a reasonably safe condition and either fix or warn of known or foreseeable hazards.
Licensees
These are social guests or people on the property with permission, but for their own purposes (e.g., house guests, friends).
Legal Duty Owed: A duty to warn of known dangers the licensee is unlikely to discover on their own. However, there’s no duty to inspect for unknown hazards.
Trespassers
People who enter the property without permission.
Legal Duty Owed: Minimal. The property owner must refrain from willful or wanton misconduct that could cause harm.
Legal Elements of a Slip and Fall Claim in Indianapolis
For a slip and fall injury to rise to the level of a viable legal claim in Indianapolis, the injured party must prove the following four elements of negligence:
Duty of Care
The plaintiff must show that the property owner or occupier owed them a duty of care, based on their classification as invitee, licensee, or trespasser.
Breach of Duty
It must be demonstrated that the property owner failed to uphold their duty—either by creating a hazardous condition or by failing to reasonably inspect and repair it.
Causation
The plaintiff must link the breach of duty directly to the slip and fall injury. This includes proving that the hazard caused the fall and the resulting injuries.
Damages
There must be actual harm or loss. This includes physical injuries, medical expenses, lost wages, pain and suffering, and other compensable losses.
Common Causes of Indianapolis Slip and Fall Accidents
In Indianapolis, some of the key causes of slip and fall injuries include:
- Wet or slippery floors without warning signs
- Uneven pavement or sidewalks
- Loose carpeting or flooring
- Broken handrails or stairs
- Poor lighting in stairwells or parking lots
- Snow or ice accumulation on walkways
- Spills in grocery stores or restaurants
- Obstructed walking paths
Proving Negligence in Indiana Slip and Fall Cases
A skilled premises liability lawyer in Indianapolis can find evidence to establish that the property owner had:
Actual Knowledge or Constructive Knowledge of the Hazard
Under Indiana law, the plaintiff must prove the property owner either:
- Actually knew about the dangerous condition and failed to address it, or
- Should have known through reasonable inspection (constructive knowledge)
For instance, if a grocery store employee saw a spill but didn’t clean it up for 30 minutes, that would likely establish actual knowledge. If the spill had been there for hours without any inspection, constructive knowledge might apply.
Reasonable Time to Remedy the Condition
Indiana courts will also consider whether the owner had a reasonable amount of time to correct the hazardous condition. A freshly spilled drink seconds before the fall may not impose liability. However, a spill that sits unaddressed for an hour may.
How Our Indianapolis Slip and Fall Lawyers Prove Liability
At RileyCate, LLC, our experienced Indianapolis slip and fall attorneys know what it takes to build a strong case. Here are the key types of evidence we may collect to establish liability.
Surveillance Footage
Many businesses, apartment complexes, and public spaces have surveillance systems. We act quickly to request and preserve video that may show the hazardous condition, how long it existed, employee responses (or lack thereof), and the fall itself. This footage can help us prove that the owner knew or should have known about the danger.
Incident Reports
When slip and fall accidents occur on commercial property, employees may generate internal incident reports. These reports may include descriptions of the scene, witness observations, employee responses, and even photos. Our attorneys request these reports to uncover key facts, identify potential witnesses, and assess any early admissions of responsibility by the business or staff.
Photographs of the Hazard
Images taken immediately after the fall, either by the victim or others, are invaluable. They capture the dangerous condition exactly as it was at the time of the incident. If no immediate photos are available, our legal team visits the scene to document the area and look for code violations or poor maintenance practices.
Witness Statements
Eyewitnesses can play a key role in slip and fall cases. We identify and interview individuals who saw the fall or noticed the hazardous condition beforehand. Their accounts can support your version of events and show that the property owner had notice of the hazard.
Maintenance and Inspection Records
A lack of regular inspections or failure to address reported hazards can indicate negligence. Our attorneys seek cleaning schedules, maintenance logs, and repair records to demonstrate whether the property owner had constructive knowledge of the danger.
Medical Records and Expert Testimony
Our attorneys also gather your medical records to connect your injuries directly to the fall. In more complex cases, we consult safety experts or building code specialists to explain how the condition violated standards and contributed to your injuries.
Steps Our Indianapolis Slip and Fall Attorney Lawyers Will Take to Recover Damages
At RileyCate, LLC, our slip and fall attorney in Indianapolis will approach your case with thorough preparation and strategic advocacy.
Evidence Collection and Liability Analysis
Our process begins with an aggressive and detailed investigation. We gather surveillance footage, incident reports, maintenance logs, and witness statements to prove that the property owner had actual or constructive knowledge of the dangerous condition. This evidence is critical to establishing negligence in a slip and fall claim.
Aggressive Settlement Negotiations
Once the evidence is secured, our legal team engages in settlement negotiations with insurance companies. Because we prepare every case as though it will go to trial, we enter negotiations from a position of strength. Our track record compels insurance carriers to take our demands seriously, which may lead to higher settlement offers.
Trial Readiness and Legal Firepower
If the other side refuses to offer fair compensation, we’re always ready to proceed to trial. Founding attorney William N. Riley brings unmatched courtroom experience and credibility. As a nationally recognized litigator with a record of multi-million dollar verdicts and settlements, Will is a formidable presence in any courtroom.
Leveraging a High-Powered Reputation
Attorney William Riley’s recognition by Super Lawyers, Best Lawyers, and Martindale-Hubbell (AV Preeminent rating) sends a clear message to defendants: our firm means business. His extensive litigation experience and impressive record in high-stakes cases give our slip and fall clients a strategic advantage from day one.
To schedule your free consultation, call us at (317) 597-6179 or contact us online.