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.

Indiana Slip and Fall Personal Injury Attorneys 317-881-2700

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.

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

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 handles 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.

Common Conditions That Cause Outdoor Slip and Fall Injuries

Posted on December 20, 2019 by admin

Among all the different types of personal injury lawsuits that take place here in the United States, one of the most common involve slip and fall accidents. A primary reason for the frequency of slip and fall accidents is the broad range of potential circumstances that can cause them. This season, outdoor slip and fall accidents are more common than most, perhaps due to the increase of snow, ice, wet conditions, and seasonal premise neglect. Those on foot, such as pedestrians and children, are prone to slipping or tripping on icy sidewalks, wet pavement, slippery steps, crumbling curbs, and similar outside seasonal circumstances.

Fortunately, anyone hurt in a slip and fall accident indoors or outdoors typically has some legal recourse for recovering compensation.

Continue reading for some tips that will help you achieve this goal, as well as, where to learn more about your rights to compensation after being injured in a slip and fall accident on someone else’s property.

Indianapolis Slip and Fall Lawyers 317-881-2700

Outdoor Slip and Fall Hazards

An obvious culprit behind slip and fall accidents is ice, but ultimately, moisture is the umbrella cause of hazardous outdoor conditions in the winter. Moisture can include rain, hail, snow, and of course, ice. Since moisture causes wetness, it promotes slippery surfaces, poor traction, and ice accumulation, all of which can cause a person to lose their balance and fall. Moisture can also cause freeze thaw cycles that lead to cracked and crumbling pavements, such as stairs, curbs, sidewalks, and more, which are hazardous to anyone on foot or bike.

Bridges and Overpasses

Pedestrian bridges and overpasses are another common slip and fall hazard in winter since the circulation of air around the bridge promotes exponential ice accumulation, and therefore extremely slippery conditions.

Rooftop Drip Lines

Another area to look out for during snowy times are rooftops and roof drip lines. Heavy snow accumulation can melt and drip water off of the edges of roofing, and thus create a very icy drip line. The same heavy snow accumulation on roofs can freeze and clog downspouts and gutters, also posing several types of slip and fall hazards for pedestrians, store customers, employees, guests, and more.

Parking Lots

Poorly maintained parking lots are another common wintertime hazard. When parking lots contain potholes, improper sloping, or poor water drainage schematics, icy puddles can develop and lead to all sorts of slip and fall accidents and injuries.

Poor Lighting

Aside from snow and ice, a year-round outdoor slip and fall hazard is poor lighting. Parking garages, parking lots, and similar areas might not be well maintained by the property owner, and provide poor lighting for pedestrians. For instance, a person might not be able to see a railing or a step well enough, and as a result lose their balance and fall.

Inadequate Snow Removal

Heavy accumulations and piles of snow around walkways, doorways, stairways, and entryways can pose a high risk of slip and fall injuries. When property owners, whether residential or commercial, fail to take reasonable actions to remove heavy snow accumulation from the public access areas of their property, they can be held liable for any slip and fall accidents and injuries that are caused by their negligence.

Injured in a Slip and Fall Accident?

When a slip and fall accident happens to an innocent person because someone else was careless, it is important for the negligent party to be held accountable for the victim’s injuries and subsequent losses. A personal injury lawyer can help slip and fall victims accomplish this goal by recovering the full and fair compensation necessary to cover hospital bills, medical expenses, lost wages, pain, suffering, and more.

Seasoned Indianapolis Slip and Fall Attorneys

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced slip and fall lawyer in Central Indiana. Our seasoned personal injury attorneys retain extensive experience working with slip and fall claims, and will work diligently to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to get started, today. We are located in Indianapolis, Indiana and represent clients throughout the State of Indiana.

How Do I Sue a Store for My Injuries?

Posted on December 18, 2019 by admin

After being injured or suffering an accident at a retail store, it is important to learn your rights to compensation and legal protection, regardless of the extent of your damages and losses. Continue reading for a basic review on what you need to know about retail store lawsuits and personal injury claims, including and how to get started on your personal injury claim.

A Store’s Liability

Retail stores, like all public and private properties, have a duty of reasonable care to keep their environments free of hazards and unsafe conditions. In the case where a retail store neglects to uphold their legal standard of care, and as a result a person is injured on their premises, they could be held legally liable for the victim’s damages and losses and their insurance carrier would be responsible for paying any judgment or settlement on behalf of the retail store.

Under tort law, this legal principle is known as premise liability. The type or extent of liability a retail store can be subjected to really depends on broad spectrum of factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. The law classifies customers and guests as invitees, whether paying or not, therefore under law, all customers are entitled to protection under a reasonable care standard from harm while on the store property.

A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more. Where the lines are drawn is fact sensitive. Cases of premise liability can involve various types of accidents and injuries. The most common accidents are slip, trip, and fall accidents. Other common types of premise liability accidents include structural hazards, orthopedic injuries, burn injuries, violence and assault, food poisoning, animal attacks, pedestrian accidents, swimming pool accidents, and more.

Retail Store Accident Claims

If you were injured on the property of a retail store as a result of their negligence, you are entitled to certain legal rights, including compensation for your hospital bills, medical expenses, time lost at work, pain, suffering, and much more if caused as a result of the store’s failure to use reasonable care. Your first step to getting your accident claim started is to contact a seasoned personal injury lawyer in Indianapolis for an initial consultation.

During your initial consultation, you will discuss several points of your claim with an experienced attorney who can guide you on the best track toward financial recovery. Since first consultations are free, you do not have to worry about paying anything out of pocket to learn more about your legal rights. See our blog, “What to Bring to a Personal Injury Consultation” for details on how to prepare for your first meeting with an accident lawyer.

Top-Rated Accident Attorneys at Your Service

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain extensive trial and litigation experience with a written track record of success. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Common Examples of Negligent Supervision of Employees

Posted on October 1, 2019 by admin

Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.

Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.

Negligent Supervision Lawyer 317-881-2700

Negligent Supervision of Employees

Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.

Examples of Employee Negligent Supervision:

❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.

❖ An employer allows or ignores sexual advances or harassment of another employee.

❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.

❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.

❖ An employer allows a convicted child sex offender to be alone with minors.

Proving Negligence

As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:

➊ The defendant had a duty of care, or legal obligation to monitor the victim.

➋ The defendant failed to uphold their duty of care.

➌ The failure to uphold their duty of care caused the victim to suffer damages.

➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.

In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.

Indianapolis Negligent Supervision Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

Common Slip and Fall Code Violations

Posted on September 13, 2019 by admin

Here in Indiana, all entities and persons are legally required to construct and maintain their properties at a certain level of safety. This means that any place that welcomes the general public, such as office buildings, grocery stores, movie theaters, hotels, public parks, and malls, must take the proper actions, inactions, and precautions to ensure there are not any dangerous conditions on their premises. This legal principle is known as premise liability, and it is what you will want to learn more about in the case that you or someone you love is injured as a result of a municipal code violation.

Code violations are serious, as you have probably heard stories about accidents that happen when something is not “up to code” or within legal standards. One type of accident that tends to occur more often as a result of code violations are slip, trip, and fall accidents. Continue reading to review some of the most common slip and fall code violations seen in personal injury cases, as well as, what to do if you’ve been injured as a result of inadequate building codes in Indianapolis.

Indianapolis Premise Liability Attorneys 317-881-2700

Indiana Building Code Violations

⚖ Here in Indiana, you can peruse a comprehensive list of building codes by downloading the Indiana Amendments of IBC 13 document.

Common Slip and Fall Code Violations

There are several types of code violations; thousands in fact. But when it comes to slip, trip, and fall accidents, some of the most common violations behind them include:

✒ Missing or broken hand rails on stairs and slopes; ✒ Crumbled, warped, or rotted stairs; ✒ Unleveled curbs; ✒ Insufficient lighting (stairs, sidewalks, streets, etc.); ✒ No security for slick surfaces (slip-resistant mats, wet floors signs, etc.); ✒ Broken or missing downspouts that cause pooled water or ice patches; ✒ Insufficient or incorrect maintenance of elevators and escalators; ✒ Unmarked construction zones; ✒ Unmanaged ice and snow accumulations; ✒ Torn or ripped carpeting; ✒ Grease or chemical spills;

Premise Liability

A premise liability, slip and fall case will depend on several factors. But one of the most influential will be whether or not the property owner knew or should have known about the hazard that caused the accident, and whether or not the hazard was something that should have been reasonably foreseen to cause injury to a person.

For example, a landlord for an apartment building is informed that the lighting in the stairwell has gone out. The landlord fails to replace the light bulbs within a reasonable amount of time, and as a result, an elderly tenant trips and falls down them on their way to their apartment unit, and suffers serious injuries. In this case, the landlord would likely be held responsible for all damages and losses resulting from the tenant’s accident and subsequent injuries. This includes hospital bills, medical expenses, lost wages, pain and suffering, and more.

How to Get Legal Help For Your Slip and Fall Claim

If you or someone you loved was recently injured in a slip and fall accident, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 before the Indiana statute of limitations runs out for your claim. Our Indianapolis slip and fall lawyers work hard to recover full and fair compensation for all injury victims. We have even successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. Contact us today to schedule a free initial consultation with a licensed and experienced premise liability attorney who can help you recover financially from a slip and fall accident.

Who’s Liable for a Drowning Accident in a Private Swimming Pool?

Posted on August 19, 2019 by admin

Having a swimming pool on your property is a terrific luxury, but it also comes with a great deal of responsibility. Aside from regular maintenance and cleaning, pools encompass a wide scope of legal responsibilities as well. Not only is it important to understand your legal liability in owning a private swimming pool, it is also important to do what it takes to protect yourself from such liability.

If you do not take the proper precautions to ensure accidental drowning and other swimming pool-related accidents do not take place on your property, you could be held legally responsible for all subsequent damages and losses suffered by the victim and their family. Continue reading to learn what you need to know about swimming pool safety and liability.

Indianapolis Personal Injury Attorneys 317-881-2700

Swimming Pool Laws

There are laws set forth in every state governing both private and public swimming pools, from simple permit and license regulations, to zoning laws, construction, and more. These laws differ among each state, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, there are several laws regarding swimming pools. For instance, pools must be at least 10 feet away from any other building or house, and must remain in the side or back yard of a private residence.

Swimming Pool Accidents and Liability

Common swimming pool accidents than an owner would be held liable for include drowning, orthopedic injuries, slip and fall accidents, concussions, and even electrocution accidents. Here in Indiana, the owner of a private swimming pool is the party liable for any accidents that happen on their property, whether they are present and supervising the use of the pool at the time of the incident or not. Not only must a swimming pool owner take the proper precautions to ensure accidents do not take place on their property while they are home, they must also protect the possibility of trespassers or those who use their pool without permission.

You see, a pool owner might also be found liable for an accident in their swimming pool if they did not take the proper actions to lock their pool up from the outside public. In the case that a group of kids use a private swimming pool, and someone drowns, the owner could be held liable if the gate was not locked, even though they did not give the kids permission to use their pool. In fact, a similar situation could also fall under attractive nuisance laws, which hold an owner liable in the case that their pool is visible to the public and has features that attract trespassers, such as twisting slides, giant figurines, or cascading waterfalls. This also includes pools with easy-access or within public view.

For these reasons, most states have ordinances that require pool owners to install fencing around their property. Posting a sign is not usually enough to evade liability in a swimming pool accident, so pool owners should take other precautions as well, such as:

☑ Having high fences that lock from within;
☑ Monitoring alcohol consumption among guests;
☑ Supervising kids and minors at all times;
☑ Installing motion sensing lighting outside;
☑ Installing video surveillance;
☑ Adhering to all state and federal laws governing private pools;

How to Make a Swimming Pool Accident Claim

If you are a victim of a swimming pool accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging any upfront fees. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Helpful Legal Information for Knee Injury Victims in Indiana

Posted on July 15, 2019 by admin

Knee injuries are serious medical matters as is, but when they occur as a result of another’s negligence, they can also turn into serious legal matters. If you are a victim of a recent negligent knee injury, you may be entitled to compensation to cover your hospital bills, medical expenses, lost wages, pain suffering, and other damages and losses that resulted from your accident. Your first step is to have your case evaluated by a skilled Indiana personal injury lawyer who can help you understand your rights and determine the best course of action for your claim.

Continue reading to learn more about knee injury claims, including how to get started as soon as today.

Indianapolis Knee Injury Lawyer 317-881-2700

Common Types of Knee Injuries

Knees are one of the most important parts of our body, and unfortunately, they are also quite vulnerable to injury. The severity of knees injuries rests on a vast scope, from minor strains and swelling, to ligament tears, orthopedic fractures, and much more. You will know the scope of your knee injury as a victim because of the amount of pain, money loss, medical attention, inconvenience, and decreased quality of life you experience as a result of your injuries.

Some of the most common types of serious knee injuries include the following:

❖ Arthritis
❖ Blunt Force Impacts
❖ Broken Knee
❖ Cartilage Injuries
❖ Dislocated Knees
❖ Fractured Patella
❖ Knee Fractures
❖ Meniscus Tears
❖ Muscle Tears
❖ Ripped Tendons
❖ PCL Tears (Posterior Cruciate Ligament)
❖ Severe Knee Trauma
❖ Synovitis (Inflammation)
❖ Tibial Plateau Fractures
❖ Torn Knee Ligaments

Recovering From a Knee Injury

Knee injuries are medically treated in a number of ways depending on the extent of damage. Some common treatments for knee injuries include surgery, bed rest, physical therapy, and more. The recovery time also differs among victims, however, most knee injuries typically require long-term rehabilitation. This period of time can greatly affect a victim’s life, especially when it comes to finances. Not only do knee injuries result in hospital bills and medical expenses, they also lead to time off work, which lowers the monthly expected income family’s rely on for mortgage, groceries, fuel, and more.

Starting Your Knee Injury Claim

Because of the potential physical, emotional, and financial impact a serious knee injury can have on a victim’s life, it is vital to retain professional legal representation to protect your rights to being compensated for your losses. The negligent party that caused your knee injury accident, whether a person, manufacturer, or business, may be liable for your damages and losses due to legal principles like premise liability, medical malpractice, negligence, comparative fault, and more. An experienced personal injury lawyer is the helping hand you need to get back you on your feet after a knee injury.

Indianapolis Knee Injury Lawyers Who Can Help

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed knee injury lawyer in Indianapolis, Indiana. We understand the serious nature of knee injuries, which is why we work hard to recover the full and fair amount of compensation you truly deserve. Call our office today to schedule a free initial consultation to discuss your knee injury case that occurred anywhere in Indiana.

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

Posted on May 20, 2019 by admin

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.

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.

Were You Injured at a Store After Falling on Ice or Snow?

Posted on January 18, 2019 by admin

Premise liability is a staple principle of tort law. If you were recently shopping at a local store that did not take the proper precautions to protect its patrons from falling on snow and ice, or being involved in an accident as a result of neglected snow and ice removal, you could be entitled to certain compensation for your related damages and losses.

Continue reading to learn more about premise liability in Indiana, including how to get started evaluating your potential personal injury case.

Basics of Premise Liability

Premise liability refers to an area of the law that holds property owners legally responsible for any harm or damages caused to people who are on their premises. For clarity, a property’s “premise” is defined as inside and outside the property, sometimes including sidewalks and access property. Furthermore, factors of premise liability differ depending on whether the injured person was invited onto the property, licensed to enter the property, or trespassed onto the property.

Situations like structural hazards, violence and assault, food poisoning, animal attacks, swimming pool accidents, and bonfires, are general examples of premise liability cases, however, one of the most prevalent types of premise liability cases involve slip and fall accidents. In the case of snow and ice, if a store owner does not properly manage the removal of the accumulation on their premises, it can result in slippery walkways outside, slippery floors inside, obstructed fire escapes, unleveled surfaces, car and pedestrian accidents, and other hazardous conditions.

If a property owner is aware of unsafe conditions or should have been aware, and allows the unsafe conditions to continue by failing to eliminate all hazards, they are putting visitors and customers at risk of being injured. In such cases, if a person is involved in an accident caused by a property owner’s negligence, and as a result of the accident injuries occur, the property owner could be held legally liable for that person’s related damages and losses, such as hospital bills, medical expenses, lost work wages, pain, suffering, and more.

Premise Liability Organizations

Important organizations related to premise liability law in Indiana are the National Association of Insurance Commissioners (NAIC) and the National Center for Injury Prevention and Control (NCIPC).

Indiana Slip and Fall Attorneys

Slip, trips, and fall cases are some of the most complex, thus requiring the attention of a seasoned personal injury law firm. If you were recently injured after falling on snow, ice, or any other hazard, it is vital that you contact a licensed Indiana slip and fall attorney as soon as possible to learn your rights to compensation.

Indianapolis Personal Injury Lawyers 317-881-2700

At the Law Office of Craven, Hoover, and Blazek P.C., we offer free initial consultations to get you started on the right path toward financial recovery. There is no out-of-pocket obligation to pay unless we recover a settlement for you. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. Call 317-881-2700 to schedule your introductory appointment with a skilled and knowledgeable accident lawyer you can trust.