What Accident Victims Must Prove to Win a Slip and Fall Case

In many cases, a personal injury slip and fall accident occurs as a result of property owner, property occupant and/or property manager’s negligence. From spills and puddles to lax grounds maintenance, building code violations, deteriorating pavement, and more, slip and fall accidents can be a permanent condition or something temporary. Either way, if you are injured in a slip, trip, or fall accident, it is important to educate yourself on your rights as a victim of a personal injury. This applies to both visitors and staff of commercial businesses, as well as guests, tenants and occupants in residential settings.

Continue reading to learn what a slip and fall accident victim must prove in a personal injury lawsuit in order to win their case.

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

A Property Owner’s Duty of Care

Property owners have a legal liability referred to as duty of care, which requires them to maintain a safe and secure premises, free of any foreseeable hazards or dangers. The law will hold property owners responsible for a victim’s damages if said victim is seriously injured or suffers permanent consequences after slipping and falling on their premises as a result of violating this duty of care.

However, in order for an accident victim to win their slip and fall lawsuit, they must prove certain facts of their claim. This claimant obligation is known as burden of proof, and it is a central element in every personal injury case.

Burden of Proof in a Slip and Fall Accident

A slip and fall accident victim and their legal team of personal injury attorneys are responsible for proving their case. They must factually demonstrate that the negligent party’s carelessness caused unsafe conditions that led to the victim’s accident, and that the accident caused serious injuries that required hospitalization or medical treatment.

As a wrongfully injured victim of a slip and fall accident, it is important to ask yourself:

What caused me to slip and/or fall?

Should someone have known about the thing that caused my fall?

Was the cause of my accident foreseeable and preventable if proper precautions and inspections were performed?

These three questions will help you gain a basic understanding of your chance of success in pursing a slip and fall claim against a property owner or other negligent party.

If you are injured in a Slip and Fall:

If you are hurt in a commercial or business setting, even at work or school, or injured anywhere else, it is important to take pictures and video of the area of your accident, what caused your fall and retrieve all witness contact information. These two initiatives can help you prove your slip and fall case faster to the insurance carrier for the defendant. 

You should always make a written report if possible as well.  Following medical treatment, contact an Indianapolis personal injury lawyer as soon as possible before evidence is lost to support your claim or time runs out on the statute of limitations for your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your slip and fall case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with a licensed and experienced slip and fall injury lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana and can hold meetings over the phone, internet, or in person at our Indy-based office.

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Is the Landlord Responsible for an Apartment Slip and Fall Accident?
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The Key Liability Questions in Slip and Fall Lawsuit

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Facts About Premise Liability Policy For Small Business Owners

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.

Indianapolis IN Slip and Fall Lawyer 317-881-2700
Indianapolis IN Slip and Fall Lawyer 317-881-2700

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.

You Should Also Read:

 Important Injury Lawsuit Information for Slip, Trip, and Fall Accidents
What Causes the Most Slip and Fall Accidents?
What Physical Evidence Should I Keep for a Slip and Fall Claim?

Indianapolis Personal Injury Lawyers 317-881-2700
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Frequently Asked Questions About Summer Camp Accidents and Liability

When your child is seriously injured at a summer camp, as the parents, you are left with loads of questions, concerns, and significant medical bills. For this reason, it is natural for you to question which party should be held responsible for your family’s damages and losses incurred as a result of your child’s injuries. By better understanding the laws and regulations surrounding summer campground liability, you can place yourself at an advantage when preparing to meet with a personal injury lawyer to discuss the claim.

In fact, continue reading to review frequently asked questions about summer camp accidents and liability, and learn how to get started with a free case evaluation as soon as tomorrow.

Child Injury Lawyers Indianapolis IN 317-881-2700
Child Injury Lawyers Indianapolis IN 317-881-2700

Summer Camp Accident FAQS

What Happens if My Child is Injured While Overnight Camping or Hiking?

When going on an overnight camping excursion or even a simple hike, you know there are certain risks and liabilities involved in trekking through the wilderness. You generally only anticipate the foreseeable risks, like bug bites, sunburns, dehydration, and poison oak. But there are many other accidents that can happen that you should be aware of. If your child was injured on a similar camp outing, you should speak with an Indiana personal injury lawyer who can identify whether or not the camp had a duty of care, if they breached that duty of care, and if that breach was a responsible cause of your child’s injuries. If you can prove these things, then you can win your case against a negligent summer camp.

Can I Sue a Summer Camp if My Child is Seriously Injured After Slipping and Falling at the Pool?

The same scenario applies to a summer camp slip and fall, poolside injury. In order to win your claim, you would have to prove to the courts that the summer camp/pool had a duty of care, breached that duty, that breach caused your child serious harm, and your family suffered losses as a result of your child’s injuries. This is why you need an experienced Indiana accident attorney to help navigate and win your case.

Can Summer Camp Waivers Be Legally Enforced?

When you enroll your kids into a summer camp, one of the first documents they will have you sign is a waiver. This waiver is an attempt to alleviate as much liability and responsibility for injuries and accidents to children. Sometimes, these waivers are legally enforceable, but they also have their limits depending on the circumstances of your case.

Who is Liable for Children’s Injuries at Summer Camp?

Parents simply want to know who is responsible for their child’s injuries at summer camp. The answer sometimes is not clear and varies from case to case depending on the individual circumstances. However, most often it is the summer camp that ultimately has a duty of care to supervise minors while under their care. This responsibility falls under Premise Liability Law. The law can get complicated and you need a personal injury attorney to assist you in your case.

Is a Summer Camp Required to Disclose Staffs’ Criminal Backgrounds?

Summer camps have a duty to perform background checks on their employees, as well as a duty to disclose any reports or allegations of suspected child misconduct or abuse to parents. This is why extensive research of summer camps is so strongly recommended.

Are you ready to learn about your eligibility for pursing legal action against a negligent Indiana summer camp or counselor? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before the statutes of limitations runs out on your claim or evidence supporting your claim is lost.

You Might Also Read:

How to Make a Personal Injury Claim for Your Child
What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana
Was Your Child Seriously Injured On a Trampoline?

Indianapolis Personal Injury Lawyers 317-881-2700
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How the Law Holds Property Owners Accountable for Negligence

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.

Indianapolis IN Accident Lawyers
Indianapolis IN Accident Lawyers 317-881-2700

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.

You Should Also Read:

A Store’s Obligation to Maintain Safe Premises
What is Premise Liability?
How Do I Sue a Store for My Injuries?

Indianapolis Personal Injury Lawyers 317-881-2700
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Can I Sue a Spring Break Hotel After Being Injured on their Property?

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
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.

You Might Also Like:

Defining “Duty of Care” in a Personal Injury Lawsuit
What is Premise Liability?
Where to Get Legal Advice for Hotel Accident Injury Claims

Indianapolis Personal Injury Lawyers 317-881-2700
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What Causes the Most Slip and Fall Accidents?

There are many reasons why slip and fall accidents happen. However, when it comes to personal injury claims, the most serious slip and fall accidents seem to stem from the same types of negligence. Continue reading to learn some of the most common causes for slip, trip, and fall accidents, as well as, how to get started on your injury claim.

Indianapolis Slip and Fall Lawyers 317-881-2700

Indianapolis Slip and Fall Lawyers 317-881-2700

Slip and Fall Accidents

Slip and fall accidents are generally caused by hazardous surface conditions, such as wet floors, uneven walkways, and poorly maintained parking lots. Here are some examples of the most common causes for slip and fall accidents:

    ⚠ Wet or Slippery Floors

    ⚠ Cracked Sidewalks

    ⚠ Defective Escalators

    ⚠ Defective Moving Walkways

    ⚠ Jagged Walkways

    ⚠ Uneven Steps

    ⚠ Broken Tiles

    ⚠ Torn Carpets

    ⚠ Insufficient Lighting

    ⚠ Pathway Obstructions (debris, rubble, electrical cords, etc.)

    ⚠ Broken Ramps

    ⚠ Construction Zones

    ⚠ Grease or Oil Spills

    ⚠ Loose or Missing Handrails

    ⚠ Open Desk Drawers

    ⚠ Failure to Remove Hazards

    ⚠ Failure to Remove Snow or Ice

    ⚠ Defective Ladders

    ⚠ Building Code violations

    ⚠ Failure to Post Warning Signs for Floors or Steps

If You Were Hurt in a Slip and Fall Accident

Rights surrounding slip and fall victims vary from state to state, so the circumstances for recovering compensation will likely differ. But across the board, commercial, public, and residential property owners have a legal responsibility to ensure their premises are safe and hazard-free in order to protect any visitors from potential harm. Please see our blog, “A Store’s Obligation to Maintain Safe Premises” to learn more about store owner liability.

Here in Indiana, victims of slip and fall accidents are protected under Indiana Premises Liability law. This means if you slip and fall on another person’s property and suffer serious injuries, you may be entitled to legal compensation for your damages. It is vital that you discuss your accident and injuries with a seasoned Indianapolis slip and fall lawyer for help making a claim.

Indianapolis Slip and Fall Lawyers You Can Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Call The Law Firm of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you would like to file a personal injury claim for a slip and fall accident in Indianapolis, Indiana or anywhere in Indiana. Our seasoned accident attorneys are eager to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you.