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Slip and fall personal injury cases are sometimes regarded as frivolous by those who don’t fully understand them, but it is critical to realize that is often not the case at all.
In fact, it is possible to sustain very serious injuries as a result of a slip and fall accident, and the consequences can be long-term if not lifelong.
Read on to learn everything you need to know about a slip and fall personal injury case in Indiana.
How Does Indiana Law Define a Slip and Fall Accident?
In Indiana, a slip and fall accident is legally defined as an incident where an individual sustains injuries due to slipping, tripping, or falling on someone else’s property. These accidents typically occur as a result of hazardous conditions or negligence on the part of the property owner or operator.
Under Indiana law, property owners have a duty of care to ensure their premises are reasonably safe for visitors. When a property owner fails to fulfill this duty and a slip and fall occurs, they may be held liable for the victim’s injuries and damages.
Slip and Fall Laws of Indiana
If you slip, fall, and sustain injuries as a result of a property owner or operator’s negligence, you may be able to recover compensation for your losses.
Statute of Limitations
The state of Indiana provides you with two years from the date of your injury to file a claim for damages. This time limit is referred to as the statute of limitations. If you fail to submit your claim before the statute of limitations ends, your case will likely be dismissed.
The Concept of Negligence
In order to have a successful slip and fall claim, you must be able to prove the property owner or operator where you got hurt was negligent in some way, and that negligence caused you to sustain an injury.
It is common for property owners to refute this claim by stating that you share a portion of the blame for your injury because you also acted negligently in some way. According to Indiana Code § 34-51-2-6, “the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.”
In essence, this means if you’re found partially responsible for your slip and fall injuries, you may pursue compensation from the property owner or operator (whoever is at fault), so long as you are no more than 50% responsible for the accident.
This rule may impact you because if you are awarded compensation for your injury, the amount will be reduced by the equivalent of the percentage of blame that is assigned to you.
For instance, you are awarded a total of $10,000 for your damages (including medical expenses, lost income, pain and suffering, as well as other losses), and you are deemed 10% responsible for your injury. The compensation you receive will be reduced by $1,000, which is 10% of $10,000.
Typical Arguments from Property Owners
You can expect the property owner to defend him or herself against your claim. Some of the most common arguments property owners use against claimants include:
- You were on an area of the property you were not expected to be or where visitors are not typically welcome.
- You should have noticed the dangerous condition on the property.
- There were warnings about the hazardous condition, such as cones or signage.
- You weren’t paying attention to what you were doing when you got hurt (for example, using a cell phone).
- The shoes you were wearing were unsuitable for the location you were in or what you were doing.
What Victims Need to Prove in a Slip and Fall Case
Victims of slip and fall accidents in Indiana must establish certain elements to prove their case and recover compensation for their losses. These elements typically include:
1. Existence of Hazardous Condition: The victim must demonstrate that a hazardous condition existed on the property at the time of the accident. This could include wet floors, uneven surfaces, debris, or other dangerous conditions that contributed to the slip and fall.
2. Property Owner’s Negligence: Victims must show that the property owner or operator was negligent in maintaining the premises or failed to take reasonable steps to address known hazards. Negligence may involve issues such as failure to warn visitors of dangers, inadequate maintenance, or disregard for safety regulations.
3. Causation: It’s essential to establish a causal link between the hazardous condition and the victim’s injuries. The victim must demonstrate that the property owner’s negligence directly led to the slip and fall accident and resulting harm.
4. Damages: Finally, victims must quantify the damages they have suffered as a result of the slip and fall accident. This may include medical expenses, lost wages, pain and suffering, and other economic and non-economic losses incurred due to the injuries.
We’re Here to Help Injured Slip and Fall Victims
If a property owner or operator’s negligence caused you to sustain an injury in a slip and fall accident, you may be owed compensation for your economic and/or non-economic losses.
Don’t hesitate to reach out to our skilled team right away to learn more about what we can do to help with your situation. We have helped many others under similar circumstances and we may be able to help you recover the compensation you deserve too.
Contact Christie Farrell Lee & Bell today with the details of your case by calling 317-488-5500 or filling out our online contact form to learn more about how we can help.