Who is At-Fault in a Slip and Fall Accident?

Personal Injury Lawyers 317-881-2700

Slip and Fall Lawyers 317-881-2700

Slip, trip, and fall accidents happen every single day. Whether it’s a torn rug, puddle of water, or unforeseen obstacle that causes the fall, someone is liable for the injuries that follow. The at-fault party could be the victim themselves, or it can be another person, company, property owner, or manager. In the case that the at-fault party is something or someone other than the fallen victim, a legal claim can be placed against them for liability for damages caused by the accident. In order to determine who at-fault for a slip is and fall accident, certain questions must be asked, and the circumstance must be investigated.

Continue reading to learn some more about how to determine who is at-fault for a slip, trip, and fall accident.

Liability and Reasonable Action

Who is liable for a victims’ injuries if they slip and fall on another’s premises? In order for the property owner to be liable, it must be true that:

• The owner, manager, or employee caused the obstacle that resulted in a person’s fall.

• The owner, manager, or employee know about the obstacle and neglected to eliminate it.

• The owner, manager, or employee should have known about the obstacle because a reasonable person in charge of the property would have found the obstacle and removed it before anyone was hurt.

Other considerations regarding a property owner’s possible liability includes:

• Was the obstacle there long enough that the owner, manager, or employee should have known about it and fixed it?

• Does the property owner have a routine agenda or procedure for inspecting the property for safety hazards? Do they have evidence or proof of regular property maintenance and upkeep?

• Was the obstacle that caused the slip and fall intentionally placed there for a good reason?

• Was the obstacle that caused the slip and fall intentionally placed there for a good reason at first, but the reason no longer exists and could have been removed?

• Could the obstacle in question been placed in a different area, out of the way of foot traffic, without further inconveniencing the property owner?

• Could a warning sign or barricade have prevented the obstacle from causing the accident?

Considerations to assess a victim’s own liability includes:

• Did a person’s behavior contribute to their own accident? Were they running, jumping, rough-housing, or horse playing?

• Did the victim fail to acknowledge warning signs or requests?

• Could the victim have acted more carefully?

• Would a reasonable or careful person have noticed the hazard and navigated more cautiously around or through it?

• Did the victim have a legitimate reason for being in the hazardous area? Was the reason one that the property owner should have anticipated?

The term, “should have” is very blurry one to use. This is why slip and fall accident claims are frequently examined by a jury and judge, and at-fault parties are determined by using common sense. There are several more details, laws, methods, and information not listed in this blog that are important to know and understand before moving forward with a slip and fall injury lawsuit. It is strongly encouraged to consult an Indianapolis slip and fall attorney for professional and accurate information and counsel. They retain the proper resources, knowledge, and experience to assess your case and determine if you have a valid claim. If a personal injury lawyer does in fact believe you have a valid case, you may be entitled to compensation for your damages.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for slip and fall accident claims and information in Indianapolis, Indiana. Our licensed slip and fall lawyers and legal teams are eager and ready to represent you after sustaining injuries from a slip, trip, or fall. We offer free initial consultations and never collect lawyer fees unless we reach a fair settlement for you. Call 317-881-2700 to schedule an appointment with Daniel Craven, or another licensed personal injury attorney in Indianapolis, IN today.

How to Prove Fault in a Slip and Fall Accident

Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

Did you know that if you slip and suffer an injury as a result of the fall on another person’s property, they may be liable for your damages? This is made true under Premises Liability Law. This statute appoints property owners as the responsible party for injuries that take place on their premises.

In the case of a slip and fall accident, most often, home or property owners are held accountable if serious injury is endured. In other cases, a property owner might not be at fault even though a slip and fall injury occurred on their premises. It really all depends on the variables and circumstances surrounding the accident.

Slip and Fall Accidents

There are several different types of slip and fall accidents; which means there are countless varieties of slip and fall lawsuits, claims, circumstances, and scenarios. There is Homeowner Liability, Landlord Tenant Liability, Business Owner Liability, and more. The most common cases of slip, trip, and fall accidents that result in serious injury include:

• Ice and Snow
• Water
• Uneven Floors
• Poor Lighting
• Gaps or Holes
• Hidden Hazards
• Wet Floors
• Unstable Grounds
• Staircases
• Moving Walkways
• Loose Handrails
• And More

When it comes to proving fault in a slip and fall accident case, the most important objective is to determine if the property owner took necessary and responsible action to prevent such accidents from happening on their premises; or if the victim took necessary responsibility in acting carefully and avoiding expected obstructions. This means that we all have a personal responsibility to “watch where we’re going” and to act carefully. It also means property owners have the responsibility to properly maintain and keep up their premises.

Slip and Fall Case Examples

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

In the case that a person slips, but the property owner took necessary action to prevent such accidents from happening, the property owner would not be liable for that person’s injuries. As individuals, the law anticipates us to be able to see or expect danger and obstructions, and carefully avoid them to prevent harming ourselves and others. If someone fails to evince this personal responsibility, they may not be able to pursue a slip and fall lawsuit against a property owner whose premises they fell on. An example would be a woman wearing high-heels on a rainy day and slipping on a person’s driveway. The victim in this case would be liable for their own injuries because they “should have known” better than to wear high-heels on wet pavement, and should have expected slippery conditions as a result of the rain.

In the case that a property owner was negligent and failed to provide a safe premises for others, they can most certainly be held accountable for injuries sustained on their property. For example, if a property owner or employee causes a spill, rip, or imbalance that causes a person to slip and fall, they are liable for the victim’s injuries and damages. Also, if a property owner or employee was aware of a safety hazard but neglected to do anything about it, they are liable for a person’s slip and fall injuries. An example of this would be if a homeowner neglected to shovel snow and ice from their walkways in a reasonable amount of time, and a guest slips and falls, they are accountable for that person’s injuries and damages.

The law expects a “reasonable” person to fix or repair a safety hazard on their premises. Property owners are expected to post “Wet Floor” signs and other similar preventative actions to warn customers and guest of any dangerous surfaces in order to prevent slip and fall accidents. Victims if such scenarios can then file a slip and fall lawsuit with the help of an Indianapolis Personal Injury Law Firm. Victims can pursue compensation for medical expenses, hospital bills, lost wages, pain and suffering, mental trauma, disabilities, prolonged rehabilitation, and much more.

Slip and Fall Injury Settlements

In almost all slip and fall cases, the liability is ultimately decided by a judge, using simple common sense. This is because there is simply no precise way to determine liability in a slip and fall accident. Instead, courts and legal counsels assess the case and decide if the property owner or employees “should have known” about a dangerous surface or obstruction and removed it before an accident occurred. They will also investigate the opposing party’s position and decide if the slip and fall victim was indeed a victim, or if they “should have known” to expect and obstruction or avoid a dangerous surface. It is a very complicated process legally proving fault in a slip, trip, and fall lawsuit.

Here are some additional considerations used by the law to accurately determine liability in a slip and fall case:

• Was the Obstruction or Dangerous Surface in Existence Long Enough for the Owner to Know About It? (i.e. Rip in the carpet, Wet floor, Uneven Floorboards, etc.)

• Does the Proprietor or Home Owner Practice Regular Cleaning, Examination, Care, and Maintenance for their Properties? Do They Have Proof of this Schedule? (i.e. Most companies or businesses use a chart that employees sign and date for safety and cleaning inspections)

• Was the Obstruction that Caused the Accident Purposeful and in Place for a Reason?

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you or a loved one were a victim of a slip and fall accident in Indianapolis, Indiana. Personal injury attorney, Daniel Craven, and his esteemed colleagues and legal team, can recover the compensation you deserve for your slip and fall injuries. We offer free initial consultations to assess your case and determine if you are eligible for remuneration. If we believe you have a legitimate case, we will work fervently to obtain the full and fair compensation you are entitled to for your pain and suffering; and we NEVER collect attorney fees unless we prevail for you! Call 317-881-2700 today and learn more about Indianapolis slip and fall accident claims in Indiana.