Your Indianapolis Slip and Fall Lawyer
Slips, trips, and falls can result in serious injuries, and determining who is responsible can be complex. Our team is here to help you navigate Indiana’s legal system to seek compensation after a slip and fall injury. If you’ve been injured on someone else’s property due to their negligence, an experienced slip and fall lawyer in Indianapolis can help you understand your rights and pursue the compensation you may deserve. Discuss your case with The Ken Nunn Law Office for free to get started.
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The Ken Nunn Law Office was built on honesty, determination, and a commitment to helping injured people. We will continue the legacy of trusted service through caring support and good old-fashioned hard work.
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Table of Contents
Who Is Responsible for Your Injury After a Slip, Trip, or Fall?
In Indianapolis, determining liability for a slip and fall accident involves proving negligence on the part of the property owner or manager. According to Indiana law, property owners have a responsibility to maintain safe conditions on their premises to prevent accidents. If they fail to do so, and someone is injured as a result, they may be held liable.
Whether the accident occurs on public or private property, the injured party must prove that the property owner knew or should have known about the hazardous condition and failed to address it. Indiana law adheres to a modified comparative fault rule, which impacts how liability is assigned when more than one party may be at fault.
Duty of Care
Property owners owe a “duty of care” to those who are legally on their property. This duty varies depending on the status of the visitor:
- Invitees (such as customers, patrons, or invited guests) are owed the highest duty of care, meaning the property owner must regularly inspect and maintain the premises to ensure safety.
- Licensees (people who are not Invitees, but on your property with your knowledge) are owed the duty to warn of any dangerous conditions that exist on the property.
- Trespassers are owed the least duty, though property owners may still be liable in cases of willful or wanton misconduct.
To successfully claim compensation for a slip and fall injury, the injured party must show that the property owner breached their duty of care, leading to the hazardous condition that caused the injury.
Modified Comparative Fault
Indiana follows the doctrine of modified comparative fault under Indiana Code § 34-51-2-5. This means that if the injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. However, if the injured party is found to be more than 50% at fault, they will not be able to recover any compensation. For example, if a jury determines that the property owner was 70% at fault and the injured party was 30% at fault, the injured party’s damages will be reduced by 30%. This rule encourages property owners and visitors to act with reasonable care.
If you are unsure whether you were at fault for your accident, speak to an Indianapolis slip and fall lawyer to learn your legal options.
Personal Liability vs. Premises Liability
Indiana distinguishes between personal liability and premises liability in slip and fall cases.
- Personal liability applies when an individual’s direct actions or negligence cause the injury. For example, if an employee spills liquid and fails to clean it up, causing someone to slip, that employee or the employer may be personally liable.
- Premises liability applies when the property owner is responsible for maintaining a safe environment. This includes fixing hazards like broken steps, icy walkways, or uneven flooring. This also extends to other hazards like improper lighting, lack of security measures, or even aggressive guard dogs. If they fail to maintain safe conditions and someone is injured, the property owner may be liable under premises liability.
Determining whether a case involves personal or premises liability is critical, as it affects the strategy an Indianapolis personal injury lawyer will use for pursuing a claim.
Statute of Limitations for Pursuing a Lawsuit
Indiana imposes a strict statute of limitations for filing a slip and fall lawsuit. According to Indiana Code § 34-11-2-4, you have 2 years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, you may lose your right to seek compensation.
However, certain exceptions may apply, such as cases involving minors or injuries that were not immediately apparent. Consulting with an Indianapolis premises liability lawyer as soon as possible after the accident can help ensure that you meet the necessary deadlines.
Recoverable Compensation
Victims of trips, slips, and falls in Indiana may be entitled to recover compensation for various types of damages, including:
- Medical expenses (past and future) for treatment of your injury
- Lost wages due to time away from work while you recover from your injury
- Pain and suffering for physical pain and emotional distress caused by the accident
- Loss of earning capacity due to long-term injury or disability from the accident
In the most tragic cases, a slip and fall can result in the loss of life. If a loved one passed away due to hazardous property conditions, your family may have grounds for a wrongful death claim in Indianapolis. However, insurance companies often try to minimize or devalue payouts, claiming that your injuries aren’t severe or that you were partially at fault. A skilled slip and fall attorney can negotiate aggressively with insurers, gather strong evidence, and fight for the full compensation you deserve.
Our Indianapolis Slip & Fall Attorneys
Discuss Your Case With a Premises Liability Lawyer in Indianapolis
If you or a loved one has been injured in a slip and fall accident, it’s crucial to consult with an experienced Indianapolis premises liability attorney. At The Ken Nunn Law Office, we offer free consultations to evaluate your case, explain your rights, and help you determine the best course of action. Don’t wait—contact us today to discuss your case and learn how we can help you seek the compensation you may deserve.
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