Taking a tumble on unsafe stairs, slipping on wet tile at the grocery store, falling on an uneven sidewalk outside your local coffee shop or dropping into an unmarked, unsafe hole at a construction site can all lead to injury. Sometimes, a slip and fall lawsuit in the Indiana court system can be the result of one of these injuries.
If you have suffered an injury on someone else’s property due to a slip or a fall, especially because of a hazardous situation within the control of the property owner, then it is within your rights as the injured party to consult with a lawyer.
What is a Slip and Fall Injury?
According to FindLaw, the term “slip and fall case” refers to a personal injury case where someone trips or slips on someone else’s property. A slip and fall injury can also fit under the wider umbrella of a “premises liability claim.” Injuries related to falls account for 8 million emergency room visits, or 21.3% of all ER visits annually. Of these injuries related to falls, slip and fall cases make up 1 million each year.
What Constitutes Premises Liability in Indiana
When personal injury is sustained on another person’s property, the result is a premises liability. Oftentimes, this includes slip and fall-type injuries. Homeowners and premises owners, such as business or building owners, have a responsibility to maintain a reasonably safe environment and protect against unreasonable harm.
This level of responsibility for home and premises owners varies according to the kind of guest the injured person is: 1) people who have been invited, such as patrons of a store, 2) a trespasser who has not been invited onto the premises and 3) a licensee, who has permission to be there, but is coming for their own reasons.
Examples of Premises Liability
- Injuries on a construction site, particularly when the injured parties are not workers
- Falling trees and the injuries they cause
- Lack of security, including lights and cameras, that results in an assault from a third party
- Drownings in pools
- Injuries as a result of things falling from shelves
- Slip and fall injuries caused by standing water, ice or snow
- Slip and fall injuries caused by uneven ground or flooring and poor building upkeep
- Injuries due to defective staircases or decks
- Hidden extension cords or high door thresholds and the injuries they cause
Understanding Notice in a Slip and Fall or Premises Liability Case
Perhaps one of the most important parts of establishing a strong case in a slip and fall matter is the idea of “notice.” This means that it is up to the injured party (and their attorney) to prove that some kind of duty, or notice, was owed to the injured party. This also means establishing that the owner knew, or should have known, about the dangerous situation before the accident occurred. This can make all the difference between a judge taking a premises liability case or throwing it out.
If Injured in a Slip and Fall Incident
- First: Most importantly, if you have been injured in a slip and fall incident, you need to seek appropriate medical care. Waiting to get the help you need from medical professionals can make your injury worse.
- Second: Collect as much information about your incident as you can. Before too much time passes, collect photos and write down a written account of the event exactly as you remember it. Make sure both your photos and your account are clear and accurate.
- Third: Write down the names and contact information of any witnesses, and also record conditions at the time. Is there something on the ground that makes you fall? Insufficient lighting? Poorly marked uneven ground?
- Finally: Contact a personal injury attorney.
Any kind of personal injury suit can be difficult to navigate, especially with a slip and fall or premises liability case. The team at Karpe Litigation are experts in handling premises liability cases here in Indiana. Contact Karpe Litigation today, for a no-risk, free-of-charge first consultation to learn more about what options you have in getting the help you need after a slip and fall injury.