Can I Make an Injury Claim With My Gym’s Insurance Company for a Slip and Fall Accident?

Posted on December 7, 2021 by admin

Gym and fitness center memberships are a luxury expense; therefore, it is understandable that members expect a certain standard of professionalism and client support. That includes their own safety. After all, people go to the gym to improve their health, not harm it. So, when a wrongful accident happens, clients can feel betrayed.

One of the most common types of gym accidents are slip, trip, and fall accidents. From defect equipment and negligent staffing to inadequate facility maintenance, structural integrity negligence, poor security, and more, there are all kinds of ways a fitness business can expose clients to hazardous slip and fall conditions as a result of negligence.

If you were recently injured at the gym after falling because the gym was negligent, it is important to learn your rights to obtaining compensation to cover your related damages and losses. Continue below to learn how to bring about a slip and fall accident claim against a negligent gym or fitness center in Indiana.

Gym Accident Injury Lawyer Indiana 317-881-2700

Gym Liability Basics

Is your gym liable if you fall and seriously hurt yourself on their premises? The answer depends on the specific factors of the accident. Waivers or membership agreements can sometimes play a central role in fitness studio and gym liability. But does signing a gym waiver also sign away your rights to compensation following a gym accident? Again, the answer will vary depending on the details of the event.

Most gym liability waivers do have language in them that attempts to void their liability in the case that a member is hurt on their premises. But just because these waivers state that members cannot sue the gym following an accident, such waivers are not always enforceable in a court of law.

Common Types of Gym Waivers:

▷ Total Liability Waiver – Total waiver of liability agreements are written to relieve a gym of all legal responsibility in the case of a member accident. Many courts tend to find these extensive waivers overly broad, and therefore, unenforceable in a lawsuit.

▷ Waiver For Negligence – These waivers are designed to free a gym of liability in the case that a member is injured on their premises due to gym or staff negligence. Although these are generally enforced in a court of law, there are many exceptions in which they are not.

▷ Intentional Acts Waiver – Also called a waiver for intentional acts, this type of liability agreement is meant to rid a gym of any legal liability in the case that a member is injured due to intentional acts of negligence, reckless, or egregious misconduct. Very often, these waivers are not enforced in a personal injury lawsuit.

Premises Liability Law in Indiana

In all states, property owners, including all businesses, have a legal responsibility to ensure their premises are safe and free of foreseeable hazards, for both guests and staff. This is referred to as a duty of care, and it is the law. Any store or commercial space that invites people in or onto their property is required to fulfill this legal duty, and this includes fitness studios and gyms. Gym and fitness centers are expected to use a high level of caution to make sure their property is safe for all.

Such responsibilities include making repairs as needed, making updates and renovations as needed, implementing routine inspections, staying up to code on all systems, implementing routine cleaning and maintenance, and post warnings in trouble areas. If a gym neglects or fails to uphold their duty of care, whether through action or inaction, they can be held liable for any resulting damages and losses suffered by the accident victim and their insurance company would have to pay any verdict or settlement.

It is critical that you speak with a seasoned Indiana personal injury lawyer about pursing a premises liability lawsuit against a negligent gym after being injured on their property in a slip or fall accident. Time is of the essence, so act fast before any evidence is lost to support your case.

Are you a recent gym accident victim looking for seasoned legal representation in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced slip and fall accident attorney in Indianapolis, Indiana. We represent injured persons throughout the state.

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Facts About Premise Liability Policy For Small Business Owners

Posted on July 23, 2021 by admin

Slip and fall injuries can and do happen on the premises owned or controlled by business owners, small and big alike. All businesses should have general liability insurance and premise liability insurance for a commercial property and their business in general. Small and big employers and their employees are sometimes “negligent”, which basically means failing to use due care. If a business is negligent, they can and should be held liable for resulting injuries and damages to their patrons. If a business is found to be negligent by a judge or jury, their insurance carrier will pay for any verdict against the company.

Continue reading to learn about premise liability policy protection and who to call for pertinent advice and information about this topic and more.

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General Liability Insurance for Small Businesses

Not only is it important to retain this kind of insurance, it is also important to obtain the right amount of coverage. Having enough coverage is necessary for proper protection for the business and to provide for full compensation for a patron injured as a result of negligence. An experienced insurance agent can provide accurate assessments for a business’s particular policy coverage needs although in general, the more coverage you have the better.

For such insurance policies, a business pays a monthly or quarterly premium for their insurance coverage. This premium promises an insurance defense attorney to fight their case, as well as a money reserve to cover any court-ordered retributions or remunerations awarded against them by a verdict or for funds to use to obtain a settlement. This is another reason supporting the importance of having enough liability coverage.

Premise Care and Maintenance

Businesses have a legal obligation to provide a safe premise for anyone invited or welcomed onto their property. It is important to properly inspect, maintain and care for their property, inside and out, so people are not injured. This means proper inspections, floor cleaning, repair, and maintenance, as well as routine snow shoveling and salting, pathway clearing, concrete repair, and much more. It would also includes reviewing and ensuring that the property meets all safety rules, codes and ordinances.

It is also their duty and legal obligation to supervise employees and staff within their business as businesses can only act through their owners, officers, agents and employees. If any of these persons were negligent and contributed to causing a person’s injuries, the business itself is held responsible under Indiana law. Thus, it is important to make sure all employees are fully aware of the importance of premises safety for any business.

Hire an Indianapolis Personal Injury Lawyer if You are Hurt in a Slip and Fall Accident

If you were recently injured in a slip and fall accident, contact a licensed Indianapolis slip and fall lawyer for professional legal advice and information. You may be entitled to legal compensation for your damages and losses.

Were you seriously injured in a slip and fall accident in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 317-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured victims throughout the state of Indiana.

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Frequently Asked Questions About Indiana Slip and Fall Lawsuits

Posted on June 15, 2021 by admin

When a slip and fall accident in Indiana causes you severe injuries, you can expect to also suffer several other types of losses, like mental and emotional anguish, lost wages, and medical bills. If your accident occurred as a result of another’s negligence, you need professional personal injury representation to successfully recover the maximum settlement you are owed for your damages and losses.

Not sure where to begin as a wrongfully injured victim? Continue below to review some frequently asked questions about slip and fall lawsuits, including how to find the right Indiana accident law firm for your claim.

Slip and Fall Injury Lawyers Indianapolis, Indiana 317-881-2700

Slip and Fall Accident FAQS

You Need to Hire an Accident Lawyer for My Slip and Fall Injury Claim.

If your slip and fall accident and subsequent injuries were caused by another’s negligence, you are highly encouraged to hire a personal injury lawyer to prove your damages and obtain the full and fair compensation you deserve. As the claimant, you have the burden of proving not only liability, but also damages and losses, past, current, and future. For this reason, a personal injury lawyer is a vital asset, as they have a full comprehension of the laws and therefore, retains the skills and acumen needed to prove your case. They navigate all the legal complexities of your claim, allowing you to put all of your focus on your own physical, mental, and emotional recovery.

How Will My Indiana Slip and Fall Lawyer Prove My Damages and Losses?

The primary aspect of a slip and fall accident claim is to identify the at-fault party. Who is ultimately responsible for the circumstances that made the accident take place? There can sometimes be more than one at-fault party. Your slip and fall lawyer will implement their legal resources to investigate every detail surrounding the accident and overall case, thus gathering the needed evidence to prove liability and duty of care owed.

Once your lawyer proves liability, they will then prove how the at-fault party was negligent, and how that negligence was a responsible cause of the accident and resulting injuries. Then they will present all evidence that proves your injuries and subsequent damages and losses. Such losses include pain, suffering, mental and emotional anguish, as well as lost wages from missing work, hospital bills, medical expenses, and more.

What are Some Common Types of Negligence That Cause Slip and Fall Accidents?

Some of the most common types of negligence that cause slip and fall accidents include wet or slippery floors with no warning signs nearby, crumbling or unlevel steps, torn carpeting, poor lighting, broken stair rails, poorly-maintained pavements, frozen ice on walkways that were not treated with deicer salts and spills on floors that are not cleaned up in a timely manner.

Can I Sue the Person or Company Responsible for My Slip and Fall Accident?

If your slip and fall accident occurred because another person or party acted negligently and failed to uphold their duty of reasonable care to protect you from harm, you should be able to bring a personal injury claim against them in order to obtain compensation for your damages and losses. You should consult with a skilled and experienced Indiana personal injury attorney to learn your eligibility to pursue legal action against a negligent party, and to professionally represent your claim. Most claims are settled out of court, but a competent law firm needs to be willing and ready to take your case to trial to ensure you receive the maximum settlement or verdict for your claim if necessary.

Are you ready to get started with your slip and fall injury claim in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 888-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured people and wrongful death cases for clients throughout the state of Indiana.

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How the Law Holds Property Owners Accountable for Negligence

Posted on April 26, 2021 by admin

Premise Liability Law is a set of ordinances that hold property owners liable and responsible for any harm or damages caused to people that are on their premises. This liability differs depending on whether the injured person was invited onto the property, licensed to enter the property, or someone who has trespassed onto the property. Continue reading to learn more about premise liability law, and how it protects you against being wrongfully injured by a negligent store or property owner.

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What is Considered One’s Premises?

Property premise is defined as inside and outside the property, including sidewalks and access property. Such cases of premise liability have involved slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal bites and attacks, and more. More detailed reports of past premise liability cases were dead tree branches, poorly maintained public stores, swimming pool accidents, pet bites and animal attacks, driveway car accidents, unlevelled sidewalks, restaurant food poisoning, and bonfire accidents.

Premise Liability Organizations

Important organizations related to premise liability law in Indianapolis, IN are the American Tort Reform Association (ATRA), the National Association of Insurance Commissioners (NAIC), and the National Center for Injury Prevention and Control (NCIPC). These associations have dedicated years of combined efforts to reform the law and rights of injured individuals. The American Tort Reform Association was created in 1986. The Association’s creed is preserving the American civil justice system’s efficiency, predictability, and fairness.

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world. But, in fact, this association has worked endlessly to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance. Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals.

Talk to an Experienced Premise Liability Lawyer

If you think you may have been involved in a premise liability accident, it is important to contact an experienced personal injury attorney right away. Depending on the circumstance of your case, you may have a valid legal claim for compensation. You can pursue a personal injury claim to recover financial restitution for lost wages, emotional distress, hospital bills, medical expenses, legal fees, prolonged therapy, pain, suffering, and much more.

Were you injured on someone’s property because they were careless? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned personal injury attorney in Indianapolis, Indiana. We also specialize in slip and fall accident cases.

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Important Injury Lawsuit Information for Slip, Trip, and Fall Accidents

Posted on April 6, 2021 by admin

Usually, when a personal injury attorney hears the term, “premises liability”, the first thing that will come to mind is slip and fall accidents, as they are among the most common personal injury cases in the United States. Such lawsuits fall under an area of tort law called premises liability, which are generally based on whether or not the proprietor allowed a foreseeable and dangerous condition to continue or failed to use reasonable care to discover a dangerous condition without correcting or blocking off the hazard.

If you are a recent slip and fall accident victim, be sure to consult with an experienced premises liability attorney as soon as possible. In the meantime, continue reading to learn more about slip and fall accident claims, including how to get started on yours as soon as possible.

Indiana Slip Fall Injury Lawyers 317-881-2700

Slip and Fall Premises Liability Accident Claims

A slip, trip, or fall injury is pretty self-explanatory. It occurs when a person slips or trips on a hazard and loses balance and falls, usually to the ground, subsequently suffering injury. If this type of accident occurs in a public place, a place of business, or another person’s property, there can be legal repercussions for the premise owner and their insurance carrier. The accident victim can legally pursue compensation for their injuries, and may be rewarded compensation if the opposing party(ies) is/are found 50% or more at fault.

If a person is injured, and wishes to pursue compensation for their damages, they must be able to prove fault. Many aspects of a slip and fall case are examined in order to justify who is responsible for such an accident. A jury looks at the premise owner, managers or other potentially at-fault parties and evaluates whether or not they acted carefully in order to prevent any slips, trips, or falls.

Other areas are considered as well in order to determine who is responsible for the accident. Things like poor lighting, torn carpets, uneven flooring, crumbling sidewalks, puddles, and more are all common hazards that cause slip and fall injuries. Weather conditions like rain, ice, and snow are also common culprits for slip, trip, and fall accidents.

Property Owners Have a Legal Duty of Care to Maintain a Safe and Hazard-Free Environment

If a person slips in a supermarket because there is water on the floor, and there is no “WET FLOOR” sign, they could be entitled to compensation for their injuries because the store was responsible for the wet spot and negligent about cleaning it up in a timely manner to prevent harming customers. Property owners can also be negligent by failing to conduct inspections to find dangerous conditions on their property.

Are you a recent slip, trip, or fall accident victim who is looking for a qualified personal injury lawyer? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with a seasoned slip and fall attorney in Indianapolis, Indiana. There is no need to travel, as our lawyers are happy to conduct meetings via phone or internet. We represent injured persons throughout the State of Indiana.

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Can I Sue a Spring Break Hotel After Being Injured on their Property?

Posted on March 23, 2021 by admin

Spring Break is here, and hundreds of thousands of people are planning, enjoying, or just coming home from their well-deserved vacations. When you think of going on Spring Break, you imagine a fun-filled trip chalked full of new experiences and happy memories. No one really plans on getting hurt, especially at their own hotel. As a spring break vacation hotel guest, you fully expect that your hotel will provide a safe and hazard-free environment during your stay. But accidents do happen on Spring Break; and if they happen as a result of hotel negligence, injured victims should be fully and fairly compensated for their damages and losses.

If you were recently injured on hotel property as a result of their negligence, you may be entitled to a settlement to cover your damages. Continue reading to learn the basics of hotel accident liability, and how to determine if you have a strong case.

Spring Break Hotel Injury Lawyers 317-881-2700

Hotel Accidents and Premises Liability

Right now, hotel traffic and occupancy are high, especially in popular vacation spots like Florida and New Orleans. The majority of hotels and hotel chains in these tourist areas are properly managed and maintain strict internal safety codes for the security of their guests, visitors, and staff. Such hotels stay current on all building codes, regular inspections, and routine maintenance, ensuring that everyone in and around their premises are safe and protected against foreseeable hazards. But unfortunately, not all hotels uphold this duty of care, leaving many Spring Breakers wrongfully injured in a hotel accident this time of year. Even the most professional and esteemed hotels sometimes do not use reasonable care, making them liable for a person’s injuries in the case of an accident.

Common Types of Hotel Accidents

Hotels are built in a way that can pose a long list of possible hazards and accidents, from balconies and stairwells to fire systems, swimming pools, slip and falls, food poisoning, assault, theft, and even tea kettles and unsafe furniture. With so many amenities, activities, and structures around, the possible ways of getting hurt are virtually infinite.

❖ Balconies and Stairwells – Dangerous and defective railing, lighting, and other structural integrity issues are common causes of hotel negligence that can lead to victims falling off of balconies or down stairwells.

❖ Swimming Pools and Pool Decks – Drowning accidents at hotels happen and swimming pools can also pose several other types of dangers, such as head and neck injuries, spinal injuries, orthopedic injuries, and slip and fall injuries.

❖ Slip and Falls – There are many slip and fall hazards that can cause serious injuries to hotel guests and visitors, such as wet floors, un-level walking surfaces, torn carpeting, poorly-lit staircases, damaged curbs and steps, and much more.

❖ Defective or Broken Items – Furniture, small appliances, and other items in a hotel can also be the cause of a wrongful injury to a guest, such as a broken shower rail, defective tea kettle, faulty electrical wiring, irons, steamers, fire alarms, smoke detectors, and more.

❖ Criminal Activity – Hotels are supposed to provide a safe environment for their occupants and staff. They should take the proper precautions to prevent common spring break hotel criminal activity like theft and assault.

Premises Liability Law

Hotels are legally required to use reasonable care to keep their occupants and staff protected from foreseeable hazards and unsafe environments on their premises, including indoors, outdoors, shuttles, and parking lots. If they fail to uphold this legal duty of care, they can be held responsible in a premises liability lawsuit. If a person, guest, employee, or otherwise, is injured on their property as a result of the hotel’s failure to reasonably maintain safe premises, victims can sue the hotel and recover compensation for their damages and losses. Common personal injury damages include hospital bills, medical expenses, lost wages and pain and suffering.

Were you seriously hurt in your hotel on spring break?

Contact the accident attorneys at Craven, Hoover, and Blazek P.C. for professional personal injury claim representation you can trust. We serve clients in Indianapolis and all throughout Indiana. Call us at 888-881-2700 or 317-881-2700. If the injury or death occurs outside Indiana, our law firm will work hand in hand with a well respected law firm in whatever state the injury or death occurs in to assure that our clients have the best representation in both states.

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How to Prevent Winter Slip and Fall Accidents

Posted on February 23, 2021 by admin

There is no denying that Indiana took on a significant amount of snowfall these past two weeks. Right now, businesses, apartment complexes and offices all across the state are coping with and mitigating the inevitable trails of snow, slush, sleet, and ice brought in by foot traffic. So, right now, it is important to ensure that visitors and tenants are reasonably protected against these inclement environments, both indoors and out. Under Indiana’s premise liability laws, businesses and employers have a legal duty of care to do so.

If you are a property owner, continue reading to learn some helpful tips for avoiding winter weather-related slip, trip, and fall accidents, as well as what to do if you are injured on the property of another.

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Winter Safety for Property Owners

It is important to be prepared, first and foremost. Watch the weather reports and keep up with changing conditions. This will allow the property owner or property manager time to plan and arrange the proper maintenance procedures. Keep in mind that freezing ice that melts and then refreezing is dangerous as well and salting should take place quite often.

We all know that snow and ice lead to wet floors. So, it is wise to be prepared with warning signs, dry mops, fans and most importantly constant inspections to look out for dangerous conditions so the dangerous condition may be fixed before people are injured.

If your employees upon inspection see icy or slippery conditions at work, advise them to be sure to immediately notify a supervisor before any accidents can take place and they should remain with the dangerous condition to warn patrons of the store and the employee who found the dangerous condition should send some other employee to advise a supervisor so that the warning signs, dry mops, fans are brought to the where the dangerous condition exists.

Slip and Fall Prevention for Employers and Places of Business

Employers are encouraged to pass around memos, send emails, give out pamphlets, and hang posters to promote optimal workplace safety inspections at all times. Staff training and safety seminars are another effective tool to further protect staff and customers from slip and fall accidents. A proper inspection schedule and inspections training are vital to keeping the premises safe for all who enter the premises.

It is important for businesses to stay on top of wet surfaces and floors, and post Wet Floor signs in areas that have just been mopped and cleaned. Exterior snow and ice removal is another factor that must be reasonably addressed by business owners to ensure their staffs and guests are protected, especially against melting snow and related hazards. Ice-melting salts should be applied after proper snow shoveling and inspections should be performed and documented as being performed. Moreover, a business and apartment complexes should designate a representative to watch weather reporting services so the property can be made safe for customers before the customers begin arriving and before tenants have to walk on the sidewalks to get to their cars to go to work.

Were You Seriously Injured at Work in a Slip and Fall Accident in Indiana?

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indiana workplace injury lawyer about your best options for pursing legal action after being seriously injured or incapacitated in a slip and fall accident. Our Indiana injury attorneys do everything possible to obtain the full and fair compensation that is rightfully owed to our clients. We retain the proper skills, legal resources, finances, and more to obtain fair and full relief for accident victims. Contact us today at 317-881-2700 to schedule a free case evaluation over the phone, via video conference, or in-person at our Indianapolis law office. We represent clients throughout the State of Indiana.

What You Need to Know if You Were Injured on Stairs Without Handrails

Posted on February 2, 2021 by admin

Falls down stairs happen. If a person is seriously injured on a staircase that was not properly equipped with handrails, you can pursue a personal injury claim. If this has happened to you or someone you love within the last two years, you may still have time to pursue legal action against the negligent party that caused your staircase accident.

Continue reading to learn what you need to know about determining your case’s viability, your rights to compensation, and how to get started on your accident claim.

Personal Injury Attorney Law Firm 317-881-2700 — Indiana Slip and Fall Attorneys 317-881-2700

Missing or Broken Handrails Make Stairways Unsafe

According to a publication on Pubweb.com, more than a million United States citizens fall victim to stairwell injuries each year. With such alarming numbers of staircase fall accidents, you would think that more security and safety precautions would be taken for public staircases and stairwells. But unfortunately, these types of accidents are still happening year after year, and at shocking rates. For innocent victims of staircase falls and injuries, there should be simply no tolerance for this type of negligence.

If you fell down a flight of stairs because of broken, defective, or missing handrails, you deserve to be compensated for your subsequent damages and losses. Your injuries have likely caused you to incur a long list of financial losses, such as hospital bills, medical expenses, lost wages from missing work, and even fuel costs for driving to and from treatment or rehabilitation. Then there are non-economic damages that many slip and fall victims experience, like pain and suffering, mental anguish, loss of future work abilities, permanent disfigurement, disability, and more.

Stairwell Building Codes for Indiana

There are specific building codes that all public and commercial properties must adhere to at all times. Although these building codes vary from state to state, most are congruent across the board on the most basic requirements for stairways. Staircases are required to meet certain measurement criteria, such as landing clearance, riser height, handrail heights, handrail sides, number of handrails, and more. For instance, here in Indiana, the maximum riser height must be 8 ¼ inches, and the highest riser cannot be bigger than the smallest riser by more than 3/8^th of an inch. In Indiana, handrails cannot project more than 4 ½ inches on either side of the stairway, and at minimum, must have a clear width of at least 31 ½ inches from the handrail height to the steps if on just one side, and 27 inches for handrails on both sides. Additional criteria set regulations for treads, the width of steps (runs), handrail grips, and more.

As you can see, there are several specific building code criteria for public stairways and handrails that are pertinent to your staircase fall case. You have two years from the time of your accident to make a claim for compensation against the negligent party who was responsible for the defective or missing handrails. If you slipped and fell down a stairway as a result of another type of negligence of defective, such as poor lighting, crumbling materials, unlevel steps, or improper snow and ice management, you may also have a case. Contact an Indiana slip and fall attorney right away to learn your rights to pursuing legal action against any company that has caused you to lose so much as a result of your personal injury accident.

Get Help With Your Slip and Fall Claim From Our Experienced Indiana Injury Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned personal injury lawyer about your recent stairway slip and fall accident in Indianapolis, Indiana. Their seasoned accident lawyers offer free initial consultations and never collect attorney fees unless they win your settlement. Call our office today at 317-881-2700 to schedule your consultation with an Indianapolis personal injury attorney who cares. We represent injured persons throughout the state of Indiana.

The Key Liability Questions in Slip and Fall Lawsuit

Posted on December 8, 2020 by admin

Accidents happen, as we all have come to learn. But when they happen on someone else’s property due to negligence, the principle of legal liability must come into play. Slip and fall accidents are among the most common premise liability lawsuits in Indiana, and they typically result in several different types of damages suffered by the injured victim, including hospital bills, medical expenses, time missed at work, prolonged physical therapy, pain and suffering, and more.

If you were injured on another’s property, whether a commercial place or a home, you could be entitled to certain compensation if you were not at fault for the accident and the property owner or possessor of the property was. There are some key liability questions to ask in a slip and fall lawsuit that can help you determine the path of your case.

Indiana Slip and Fall Lawyers 317-881-2700

Slip and Fall Liability Facts

When it comes to a slip and fall case, it is the claimant that has the burden of proving that the property owner or possessor was negligent, and that their negligence was one of the responsible causes of the accident and subsequent injuries they’ve suffered. In order for it to be proven that a property owner or possessor is legally responsible for a victim’s slip and fall accident, liability has to be established. The two primary questions that must be answered to accomplish this are:

► Which parties involved in the case are potentially liable? There can be several parties involved in one personal injury case, all of which could be potentially liable. Possible examples of liable parties in a slip and fall lawsuit include property owners, proprietors, managers, store owners, maintenance contractors, property managers, etc…

► Were the parties indeed negligent or careless? After identifying which parties involved in a slip and fall case could be potentially liable, consider whether or not they actually acted, or failed to act, in a way that caused the accident. For instance, a store owner failing to clean up a broken pickle jar within a reasonable amount of time. Property owners and/or possessors have a duty to exercise reasonable care for persons invited onto the property. It is important to hire a personal injury attorney right away, as surveillance video evidence regarding the fall and when the last inspection of the area of the fall occurred are extremely important in a slip and fall case.

Proving Your Slip and Fall Case

As an injured victim who has suffered damages as a result of a slip and fall accident in Indiana, you need a skilled and experienced personal injury lawyer to fight for your right to full and fair compensation. They have the knowledge and resources to document an impactful case proving your damages, as well as your use of reasonable care regarding the accident. You see, property owners and their insurance carriers will try to argue that it was the victim’s fault they slipped and fell on their property. Such arguments will need to be refuted by your attorney.

Your Trusted Indiana Slip and Fall Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced Indianapolis personal injury attorney who specializes in Indiana slip and fall claims. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are equipped to recover the full and fair amount of compensation you deserve after being seriously injured at a store or on another’s property. Recover for damages and losses, including medical expenses, hospital bills, lost wages, and more. We represent injured victims all throughout the State of Indiana, so get started with a free consultation, today.

Slip and Fall Accidents

Posted on November 10, 2020 by admin

Slip and fall accidents that happen on a business’s premises can cause serious injuries, which can result in serious lawsuits. There are plenty of precautions business owners can and should take to drastically reduce the likelihood of slip and fall and other fall accidents. Continue reading to learn more about a property owner’s duty of care to maintain a safe premises as a property owner.

A Business’s Legal Duty of Care

In all states, property owners, including businesses, have a legal responsibility to ensure their premises are safe and free of foreseeable hazards, for both guests and staff. This is referred to as a duty of care, and it is the law. Any store or commercial space that invites people in or onto their property is required to fulfill this legal duty, including retail stores, business centers, offices, service providers, hotels, restaurants, markets, and more.

Business owners are expected to use a high level of caution to make sure their property is safe for all. Such responsibilities include making repairs as needed, making updates and renovations as needed, implementing routine inspections, staying up to code on all systems, implementing routine cleaning and maintenance, and post warnings in trouble areas.

When a business neglects or fails to uphold their duty of care, whether through action or inaction, they can be held liable for any resulting damages and losses suffered by the accident victim. Such damages include medical expenses, hospital bills, lost wages, pain and suffering, and much more. If a property owner knows of or should have known of a hazard that causes a victim harm, the property or business owner can be found at-fault and responsible for compensating for the injured person’s damages.

Slip and Fall Accidents and Lawsuits

Among store-related personal injuries, slip, trip, and fall accidents are one of the most common. Fortunately, slip and fall accidents can and should be easily prevented by implementing some vital deterrents, and by staying vigilant at all times. Unfortunately, a lot of businesses fail to stay vigilant and people get hurt. Property and business owners should maintain full insurance coverage under a general liability policy, as well as, stay current on all repairs, inspections, maintenance, cleaning, and posted warning signs.

General Liability Insurance for Businesses

As a business owner, it is wise to acquire a comprehensive general liability policy through a trusted insurance provider. These policies typically come standard with coverage for a defense attorney in the case that you are sued for a slip and fall accident, as well as a fund to pay for any settlement for an accident victim.

Common Causes of Slip, Trip, and Fall Accidents

Here are the most common reasons why slip and fall accidents happen on commercial properties and businesses:

► Exposed Cords, Wires, Ropes, and Similar Obstructions
► Crumbling or Unleveled Curbs and Stairs
► Ripped, Peeling, or Bunched Carpeting
► Loose, Sliding Rugs
► Insufficient Lighting in Stairwells
► Insufficient Lighting in Entry and Exits
► Leaks, Liquids, and Spills on Ground or Floors
► Negligent Snow and Ice Removal/Maintenance
► Insufficient Cleaning and Maintenance
► Unleveled Walkways and Flooring
► Improperly or Negligently Placed Furniture
► Insufficient or non-existent inspections for these issues

Who to Call for Advice About Slip and Fall Accident Claims in Indiana

If you were hurt in a slip and fall accident in Indiana due to a negligent store or business, call the Law Firm of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible to learn your rights to pursuing legal action. Our personal injury lawyers have extensive litigation and trial experience, and are well-versed in premises liability law. We have successfully represented numerous slip and fall and other fall accident victims in Indiana. Our personal injury law firm also offers free initial consultations, free parking, 24 hour phone services, Spanish speaking staffs, and much more. Best of all, we never collect attorney fees unless we obtain a settlement or judgment for you. Start today and schedule a free case evaluation.