Indiana Slip and Fall Claims: Proving Liability
Slip and fall accidents can result in serious injuries, from broken bones to traumatic brain injuries. Property owners have a legal responsibility to maintain safe premises, but proving liability in a slip and fall case isn't always straightforward. At Pathway Legal Group, we help injury victims throughout Indiana build strong cases to recover the compensation they deserve. Here's what you need to know about proving liability in a slip and fall claim.
Understanding Premises Liability In Indiana, slip and fall claims fall under the broader area of "premises liability." Property owners, businesses, and landlords owe a duty of care to people legally on their premises. They must:
Keep their property reasonably safe
Address hazards promptly
Warn visitors of dangerous conditions they knew or should have known about
Failing to meet these obligations can make them liable for injuries that occur.
Key Elements Needed to Prove a Slip and Fall Claim To successfully prove liability, you generally need to establish the following:
Duty of Care: Show that the property owner had a legal obligation to maintain a safe environment.
Breach of Duty: Demonstrate that the owner failed to fix or warn about a dangerous condition.
Causation: Prove that the hazardous condition directly caused your injuries.
Damages: Document the injuries and financial losses you suffered as a result.
Common Causes of Slip and Fall Accidents
Wet or slippery floors
Uneven sidewalks or flooring
Poor lighting
Loose carpeting or floorboards
Ice and snow accumulation
Hidden hazards, such as holes or debris
Important Evidence in Slip and Fall Cases
Photographs of the hazardous condition
Incident reports
Surveillance video footage
Witness statements
Medical records documenting your injuries
Act quickly to preserve evidence, as property conditions can change rapidly.
Comparative Fault in Indiana Slip and Fall Cases Indiana follows a modified comparative fault rule. If you are found to be partially at fault for your own fall (for example, if you were distracted while walking), your compensation can be reduced by your percentage of fault. If you are found to be 51% or more at fault, you may not recover any damages.
Common Defenses Property Owners Use
Claiming the hazard was "open and obvious"
Arguing the injured party was trespassing
Asserting they had no reasonable opportunity to fix the hazard
Our experienced attorneys anticipate these defenses and build strong evidence to counter them.
How Pathway Legal Group Can Help At Pathway Legal Group, we bring nearly a decade of experience defending insurance companies, giving us unique insight into how slip and fall claims are evaluated and defended. We use that experience to fight for injury victims across every county in Indiana.
Don't try to take on property owners and insurance companies alone. Call Pathway Legal Group today at (317) 588-7400 for a free consultation. Let us help you navigate the path to recovery and secure the compensation you deserve.
