Who Is Responsible for a Sidewalk Slip-and-Fall Accident?

Uneven pavement, ice buildup, and other obstructions can create dangerous walking conditions and increase the risk of serious injuries in sidewalk slip-and-fall accidents. In Indiana, premises liability laws dictate who’s responsible for maintaining sidewalks and ensuring public safety, whether it be property owners, municipalities, or third parties (such as contractors).

In these cases, pursuing compensation requires determining liability first. An Indianapolis pedestrian accident lawyer from Christie Farrell Lee & Bell can help evaluate your case and determine who may be liable. Here, we’ll explore the different parties that may bear responsibility, common accident causes, and your legal options.

Who Can Be Held Liable for a Sidewalk Slip-and-Fall Accident?

Indiana’s premises liability laws require property owners and municipalities to keep sidewalks safe for pedestrians. However, liability in a slip-and-fall incident depends on where the accident occurred and who is legally responsible for maintaining the sidewalk. 

Private Property Owners (Homeowners & Landlords)

Homeowners and landlords can be liable if sidewalk hazards on their property cause injuries. Cracked pavement, unaddressed ice and snow, or neglected maintenance can create dangerous conditions resulting in sidewalk slip-and-fall accidents.

Many Indiana cities, such as Indianapolis, Bloomington, or Lafayette, require homeowners to clear sidewalks after snowstorms within a specific timeframe or face penalties. If a landlord fails to maintain safe walkways around a rental property, they may be held responsible for tenant or visitor injuries.

Business Owners & Commercial Properties

Businesses must ensure that sidewalks outside their premises remain safe for pedestrians. Slip and fall accidents commonly occur due to:

• Spills or water leaks creating slippery surfaces.
• Cracked or uneven pavement that increases tripping hazards.
• Failure to remove snow and ice.

Grocery stores, shopping centers, and office buildings frequently face claims for slip-and-fall injuries. In these cases, a lawyer from our team can explain the elements of a premises liability case to help determine whether a business owner is responsible for your injuries.

City or Municipality Liability

Public sidewalks typically fall under the jurisdiction of local governments. However, Indiana Code § 34-13-3 provides immunity to cities and counties from certain lawsuits unless you can prove gross negligence. 

This means you must demonstrate the city had prior knowledge of a dangerous condition and failed to take corrective action. Additionally, strict deadlines apply when filing a claim against a government entity. Indiana law requires victims to file a notice of claim within 180 days of the incident to pursue legal action against a municipality.

Construction Companies & Contractors

OSHA’s fall protection guidelines require crews to secure pedestrian walkways, remove hazards, and maintain safe access near construction zones. So, if construction work damages a sidewalk and creates unsafe conditions, the contractor or construction company may be responsible for injuries. 

Indiana Code § 22-8-1.1 mandates that construction sites include safety barriers, warning signs, and pedestrian detours to protect public safety. When companies fail to implement these measures and negligence leads to an accident, you may have grounds to pursue compensation for medical costs and other damages.

Common Types of Sidewalk Slip-and-Fall Accidents

Sidewalk hazards come in many forms, and each case presents unique challenges depending on its specific circumstances. Below are some of the most common causes of sidewalk slip-and-fall accidents:

Uneven or Broken Pavement

Cracks, potholes, and misaligned pavement increase the risk of tripping. Over time, sidewalks can deteriorate due to weather, tree roots, or lack of maintenance, making them dangerous for pedestrians. Older sidewalks are especially prone to shifting and structural weaknesses.

Liability in these cases depends on whether the sidewalk falls under private or public ownership and whether negligence contributed to the unsafe conditions.

Snow, Ice, and Weather-Related Falls

Many Indiana cities require property owners to clear snow and ice from sidewalks within a specific timeframe after a storm to prevent dangerous walking conditions. If property owners fail to remove ice buildup, pedestrians will be more prone to slipping, falling, and sustaining serious injuries.

While homeowners and businesses must clear sidewalks, government liability for winter-related falls is more complex. Municipalities are generally protected from lawsuits unless victims prove gross negligence (such as ignoring repeated complaints or failing to address known dangers in high-traffic areas).

Slippery Sidewalks from Business Negligence

Sidewalks outside businesses can become hazardous due to water, oil, or other spilled substances. Store owners must keep sidewalks clean and dry or place warning signs near spills. When they ignore maintenance responsibilities or leave hazards unaddressed, they may be liable for injuries occurring on their property. 

Courts often consider whether the business had prior knowledge of the hazard and whether they took reasonable steps to prevent accidents, such as implementing regular cleaning schedules and safety protocols.

Sidewalk Hazards Near Construction Zones

Temporary walkways, loose debris, and poorly marked pedestrian routes near construction sites create tripping hazards. Construction companies and property developers must secure walkways, remove obstructions, and ensure clear pedestrian access to prevent falls. 

In these cases, following safety regulations includes installing warning signs, barriers, and alternative walkways when construction affects sidewalks. If companies fail to implement these precautions and a pedestrian gets injured, they may be liable for damages.

Contact an Indiana Pedestrian Accident Lawyer for a Free Consultation

Determining liability in a sidewalk slip and fall accident isn’t straightforward. Property owners, businesses, municipalities, or contractors may all bear responsibility, depending on the circumstances. 

With decades of experience in Indiana, Christie Farrell Lee & Bell has the knowledge and resources to manage even the most complex cases. An experienced attorney from our team can investigate your case, gather evidence, and fight for the compensation you deserve.

During a free consultation, we can determine the best legal strategy and estimate your claim’s potential value and timeline. If you need legal help after a sidewalk accident, contact our Indianapolis pedestrian accident lawyers today for a free case review to discuss your legal options. There are no fees unless we win your case!