Slip and fall accidents can happen in the most unexpected places – while you’re shopping for groceries, when you’re at a restaurant, during your hotel stay, in your apartment building, or even at a friend or family member’s home. When you’re a patron at an establishment or an invited guest, the property owner owes you a duty of care to keep the premises safe.
Not every slip and fall accident is due to negligence on behalf of the property owner, and to know whether you have a valid claim, you should contact an Indianapolis personal injury attorney who represents victims in premises liability cases.
Riley Cate, LLC provides premises liability representation in Indianapolis through comprehensive legal services to achieve favorable outcomes for clients. Our dedicated team provides personal attention to every slip and fall case, prioritizing your needs. In this blog post, we explain premises liability law in Indiana and what to do if you get hurt in a slip and fall accident.
Understanding Slip and Fall Claims
A slip and fall accident is a type of personal injury claim that occurs when a person falls due to slipping or tripping over an obstacle. Many people slip and trip on things and get hurt while doing so, but the distinction under personal injury law is that the property owner must have known or reasonably known about the hazard.
You might slip on a wet floor after a spill at the supermarket or while out to dinner. At your apartment building, you may have fallen down the stairs because the handrail was broken or missing.
Causes of Indianapolis Slip and Fall Accidents
Slippery Surfaces
Wet floors after mopping or spilled liquids commonly cause slips and falls. Property owners need to place signs to warn people of the danger.
Uneven Surfaces
Uneven flooring in an establishment, or cracked sidewalks and potholes outside, can also cause people to trip and fall.
Ice and Snow
During the chilly winters in Indianapolis, property owners need to attend to ice and snow on walkways and in parking lots to keep people safe from injury.
Poor Lighting
Stairwells, hallways, and parking lots with poor lighting can obscure hazards, making it more likely that someone could fall and get hurt.
Obstructions
A store that leaves stacked boxes in the aisles or electrical cords running through a hallway all pose dangers to anyone passing through.
Poor Maintenance
Apartments and offices should be maintained to prevent injuries from loose carpeting, damaged floors, or broken handrails.
Premises Liability Law
In Indiana, premises liability is a legal theory that holds a property owner responsible for any injuries that occur on their property due to unsafe conditions that they either knew about or should have reasonably known about. Private homeowners and businesses alike must repair any dangerous conditions, or warn visitors of any potential hazard that can’t be fixed immediately.
Those who suffer injuries in a slip and fall accident need to prove that the property owner was negligent, and it was due to this negligence that they suffered the injury. However, Indiana’s modified comparative negligence for personal injury cases means that the injured party may be partly blamed. As long as you have 50% or less responsibility for your injuries, you may seek compensation, but it will be reduced by your assigned fault percentage.
If you were hurt on public property overseen by the government, the claim may be more complicated as these entities are protected by sovereign immunity. You’ll need to file a formal, written notice within 180 days. Cases that involve homeowners or private businesses can be complex in another way, since there may be many potentially liable parties involved. Before filing your claim, speak with an Indianapolis personal injury attorney to know how to proceed.
Steps to Take After a Slip and Fall Incident
Seek Medical Attention
If you slip, trip, and fall, and get hurt, seek immediate medical attention. While some people fake these injuries to commit insurance fraud, getting treated right away creates a genuine medical record that shows your injuries are legitimate.
Document the Incident Effectively
You should take photos and videos of where this accident occurred, along with documenting your physical injuries. Someone may clean up the spill or repair the hazard, and if you don’t get documentation, there may be little evidence to prove it. You should also file a report with the property owner and get a copy for your records.
Get Slip and Fall Legal Assistance in Indianapolis
Slip and fall cases are among the most complex in personal injury, and having an attorney who can advocate for you will help protect your legal rights. Since not every slip and fall accident is caused by owner negligence, it is imperative that you consult a lawyer to determine if you have a valid case.
How Riley Cate, LLC Can Assist You
After getting medical care, the next thing to do is contact Riley Cate, LLC. We offer a free initial consultation where you can ask our attorneys questions and we will look at the factors of your case to see if the property owner was negligent.
We will use the evidence to strengthen our legal strategy, tailoring it to the unique factors of your case. It benefits you to work with an experienced Indianapolis slip and fall lawyer rather than attempting to file a claim on your own as the insurance companies won’t be able to get away with offering a lowball settlement. You’ll be able to focus on recovering for your injuries while we focus on recovering your compensation.
Seeking Compensation
Slip and fall victims can receive economic and non-economic damages for their injuries. These typically include medical bills and expenses related to the injuries caused by the at-fault party. They can also include lost income if you miss work due to your injuries, mental anguish, pain and suffering, and loss of enjoyment of life. The amount will vary based on injury severity and other factors, which could affect your compensation award.
Questions to Ask Your Slip and Fall Attorney
Before hiring an attorney, it is imperative that you align your expectations during the legal process. Asking these questions can help you feel more confident about the lawyer you choose to represent you and the strength of your case. Consider asking:
- What is your experience with slip and fall cases?
- Have you represented a victim in a slip and fall with similar injuries?
- What is your track record in court?
- What are the strengths and weaknesses in my case?
- Do you think my case will go to court or settle?
- How much compensation should I expect in my case?
While not an exhaustive list, these questions will allow you to decide if you feel comfortable with the attorney prior to choosing their legal services. At Riley Cate, LLC, we encourage you to ask questions and pick a lawyer who makes you feel comfortable. You’ll be working with this person for several months to a year, or even longer in complicated cases. By doing your due diligence, you’ll have greater confidence in obtaining the outcome you deserve.