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

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.

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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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How Does the Restatement of Torts Define a Possessor of Land?

As a personal injury victim that was hurt on someone else’s property, you are likely filled with an endless list of questions about making a claim and your rights to compensation. One of the most frequently asked questions about premise liability cases has to do with liability. Victims and pending defendants alike both want to know who is responsible for the damages and losses that result from such accidents. A good place to start would be to learn about the Restatement of Torts, and how it defines a possessor of land, considering they are the ones typically held accountable in premise liability cases.

Continue reading to learn how The Restatement of Torts defines a possessor of land, and how it can relate to a premise liability case.

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The American Restatement of Torts

The American Restatement of Torts is a treatise that summarizes the general principles of common law in the United States. Created and issued by the American Law Institute in 1965, the treatise currently has 4 separate volumes. The first two volumes were published in 1965; the third volume was published in 1977, and the last was published in 1979. The volumes pertinent to tort law can be found in the Second Restatements of the Law series.

The American Restatement of Torts defines a possessor of land as:

“(a) A person who is in occupation of the land with intent to control it or

(b) A person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it, or

(c) A person who is entitled to immediate occupation of the land, if no other person is in possession under Clauses (a) and (b).  Risk v. Shilling, 569 N.E.2d 646,647 (Ind. 1991).  (Restatement (Second) of Torts § 328 E (1965).”

What You Really Need to Know

Like most personal injury cases, premise liability cases can range in complexity, so understanding your rights and the best way to protect them is something that is vital to your case. But there is no need to feel stressed or overwhelmed; so long as you have a skilled personal injury lawyer representing your case, you will not need to know all of the complexities of tort law, nor any complicated legal terms and principles.

Trusted Indiana Personal Injury Lawyers

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident with a seasoned Indianapolis personal injury lawyer, and learn the best course of action for your claim. We are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

What are My Rights if I Am Injured on Private Property?

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

In last week’s blog, we discussed why the location of an accident is important in a personal injury lawsuit. When a personal injury takes place on another person’s private property, the legal course of action may differ depending on the state. The factors that influence the progress and outcome of a private property personal injury case vary as well, including whether or not the property is used residential or commercial purposes.

A victim may be able to sue for any losses and damages incurred as a result of the accident, such as lost wages, medical expenses, hospital bills, pain and suffering, and more. If you’ve been injured on private property, it is time to learn your rights to compensation. Continue reading to learn what your options are after being injured on someone else’s property.

Accident Circumstances

Private property personal injury accidents fall under the category of premise liability in tort law. Property owners have a legal duty of care to ensure their property is free of unreasonable hazards that could harm others. The standards to which property owners must adhere to in terms of maintaining a safe premises differ depending on if the property is residential or commercial. Business owners are held at a higher standard to ensure their premises are safe for customers, licensees, employees, and more.

Read our blog about A Store’s Obligation to Maintain a Safe Premises to learn more. Homeowners are also required to maintain safe premises, and may even be subject to certain attractive nuisance laws depending on the state. Read our article about A Property Owners’ Responsibility and Liability of their Premises for details about homeowner premise liability.

Premise Liability Claims

The course and outcome of premise liability cases depend on several factors, including the type of accident, the extent of the injuries, the type of property, and various other significant details. To learn about your states premise liability laws and procedures, contact an experienced personal injury attorney who is prepared to take your case to trial if need be. Be sure to fund attorney who works in a good basis so that you are not obligated to pay upfront expenses.

On a contingency fee basis, personal injury clients only pay lawyer fees if the law firm recovers a fair settlement for them. Often times, premise liability lawsuits involve third-party claims as well, making them a bit more complicated than standard personal injury cases. For this reason, it is important to have professional legal counsel your side navigating you toward a full and fair financial recovery.

Indianapolis Premise Liability Lawyers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a premise liability claim in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with a seasoned Indianapolis premise liability lawyer, today.