Why Does the Location of a Slip and Fall Accident Matter?

Posted on July 10, 2017 by admin

WHERE your accident takes place is an important aspect of a personal injury claim. Continue reading to learn why.

Slip and Fall Lawyers 317-881-2700

Slip, Trip, and Fall Accidents

Whether your slip and fall accident has developed into an insurance claim or personal injury lawsuit, the location of the incident is a critical part of the case. The most common places slip and fall accidents tend to occur include big box stores (Costco ®, Walmart®, etc.), grocery stores, restaurants, small businesses, private homes, hotels, resorts, rental homes, apartments, workplace, and public places. Owners and proprietors of these places have a duty of care to ensure their guests, clients, and employees are provided with a safe environment. If anyone in these types of locations fails to maintain a safe premises, or fails to remedy a hazard they knew or should have known about, they can be held liable for any damages and losses incurred by an injured individual.

However, each place also presents their own unique circumstances that can influence the outcome of an insurance claim or lawsuit. Determining who is at-fault for a slip and fall accident is not as easy as it may sound. In fact, it can be quite challenging to prove such fault in court, especially since the law protects business owners from being unfairly held to impossible standards of safety. This is why it is imperative to have an experienced personal injury lawyer manage your claim.

How a Court Identifies Liability in Slip and Fall Location:

🔎 Maintenance Standards – Could the party in question have prevented the accident from occurring had they taken preventative measures? Should they have taken preventative measures? Did they have a duty to do so? This expectation changes depending on the maintenance expectations of a location. For instance, a grocery store chain has a higher duty of care to immediately remedy a slip and fall hazard than a private homeowner in their own residence.

🔎 Level of Control – Did the party in question have any control over the hazard that caused the slip and fall accident? It is fair to hold the party responsible for such conditions they cannot possibly control? A hotel has employees that can cause dangerous conditions for others, making the hotel proprietor liable for slip and fall accidents that result from such negligence; but on the other hand, a landlord of an apartment building may not be responsible for unsafe conditions caused by another tenant to which they have no control over.

🔎 Parties Involved – In some cases, more than one party is to blame for the unsafe conditions that causes a slip and fall accident. Furthermore, the circumstances of an accident can change after the accident takes place depending on how the parties around react. In a store, the degree of involvement by employees or patrons plays a role in the overall liability for the accident.

🔎 Liable Party – Depending on where an accident takes place, the party you sue will vary. For instance, if you are injured in a slip and fall accident in a restaurant, you need to know which person is responsible. In most cases, it is the owner or proprietor. In contrast, if a slip and fall accident happens in a private home, the liable party is likely the homeowner or tenant.

Indianapolis Slip and Fall Lawyer

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned slip and fall lawyer in Indianapolis, Indiana. We work around the clock to make sure we recover the full and fair compensation you deserve after sustaining serious slip and fall injuries. Call 317-881-2700 today for information about filing a personal injury claim in Indianapolis, IN.

Necessary Information About Slip and Fall Accident Claims

Posted on December 27, 2016 by admin

A slip and fall accident is any incident in which a person slips, trips, or falls due to a hazard or obstruction on another person’s property, and as a result, suffers serious injuries and subsequent losses. Losses can include economic damages like hospital bills, medical expenses, and lost wages; but it can also include non-economic damages like pain and suffering, depending on the circumstances of the case and the extent of injuries suffered by the victim.

The most common hazards and obstructions that cause serious slip and fall accidents include water, snow, ice, spills, unleveled flooring, poor lighting, loose stair rails, and hidden hindrances like holes or gaps in flooring. But slip, trip, and fall accidents can occur from an infinite number of other possibilities.

Call 317-881-2700 to Speak With a Slip and Fall Accident Claim Lawyer in Indianapolis

What to Know About Slip and Fall Claims

When a slip and fall accident does occur, victims and their families are full of questions. The most important step to take after being injured by slipping and falling is to seek medical attention. From there, you should immediately hire an experienced slip and fall lawyer for professional personal injury representation. They can help you recover compensation to pay for any losses and damages that resulted from your accident. In the meantime, continue reading to learn some of the most important aspects of slip and fall cases if you or someone you know was recently injured in such a way.

Slip and Fall Responsibility

As a property owner, you have a responsibility to maintain a safe and hazard-free premises. If a person slips and injures themselves on your property because you were negligent in upholding this duty of care, you could be held liable for their resulting damages. For this reason, it is helpful to prevent such liability by maintaining a safe premises and also obtaining the proper premise liability insurance from your primary carrier. This is especially important for business owners.

Slip and Fall Personal Injury Claims

Indiana Slip and Fall Claims 317-881-2700

If you or a loved one was recently injured as a result of a slip and fall accident on another person’s property, you might consider filing a slip and fall personal injury claim. TO do so successfully, you will need to present the proper evidence, establish a duty of care for the defendant, prove that they breached their duty of care, and then further prove with additional evidence that their breach caused your injuries and subsequent losses. For this, you will need an experienced slip and fall lawyer.

Slip and Fall Lawyers

As mentioned, retaining a personal injury law firm is an important step in protecting yourself after a slip and fall accident. They can help with exchanges between insurance adjusters, counselors, judges, and more. They have the skills, resources, and knowledge to recover the full and fair amount of compensation you deserve after suffering harm as a result of another’s negligence. Generally, personal injury lawyers who focus on slip and fall claims work on a contingency-fee basis, meaning they never collect attorney fees unless they prevail for you.

Indianapolis Slip and Fall Lawyers

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall claim in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to help you recover the full and fair compensation you deserve after a serious slip and fall accident. We offer free initial consultations and never collect attorney fees unless we prevail for you! Call 317-881-2700 and schedule a consultation with our Indianapolis slip and fall lawyers, today.

3 Lies About Slip and Fall Accident Cases

Posted on September 7, 2016 by admin

Indianapolis Slip and Fall Lawyers 317-881-2700

In the field of personal injury law, slip, trip, and fall cases add up to a significant amount of claims. From wet floors and icy sidewalks, to unleveled concrete and frayed carpeting, slip and fall claims are wide-spread, which means there are several ways a person can sustain serious injuries. As one of the most common personal injury claims, it’s not surprising that there are a few myths surrounding such cases that might confuse the average slip and fall victim.

So to protect yourself and gain clarity, it is wise to learn the truths to these falsehoods. Continue reading to learn the three most common lies about slip, trip, and fall accident claims.

Slip and Fall Myths

❶ You Don’t Have a Case.

Because injury cases can be so complex, many victims are unclear about another’s liability or duty of care. This leads them to believe anyone that tells them they probably don’t have a case. But there are so many minute and complex details that go into the investigatory process of an accident claim, that a person cannot always trust the legitimacy of a slip and fall case at first-glance. This is why you need to consult a personal injury lawyer.

❷ A Warning Sign Was Posted, So You Can’t Sue.

Although a warning sign is standard procedure to alert others of a potential hazard, it does not always exclude a person or entity’s responsibility in a slip and fall claim. There are several other details that go into accidents such as these, and a sign is not enough to entirely eliminate liability.

❸ You Can Only Recover for Economical Losses.

Many slip and fall victims also become victims of this common lie. In personal injury cases, victims can recover compensation for more than just hospital bills, medical expenses, and lost wages. Depending on the severity of the injuries, the extent of negligence, and more, a court can also award compensation for non-economic damages and even punitive damages if the negligence was egregious.

Consult a Personal Injury Lawyer

With so many myths surrounding slip and fall claims, and since they greatly differ individually, it is important to retain the services of an experienced personal injury lawyer that focuses on slip and fall accident cases. They can thoroughly assess your accident and determine whether or not you have a valid claim. If you do, they will represent your case without collecting a single dollar until they prevail for you. This is called a contingency-fee basis, which you can learn more about here.

The Law Office of Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about slip and fall injury claims in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, concentrate on slip and fall accident cases. Our personal injury law firm offers free initial consultations to discuss your accident and assess your eligibility for compensation. And we never collect attorney fees unless we recover for you! Call 317-881-2700 to schedule a consultation with an experienced Indianapolis slip and
fall lawyer, today. We have successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards.

What Physical Evidence Should I Keep for a Slip and Fall Claim?

Posted on August 23, 2016 by admin

Indianapolis Slip and Fall Lawyers 317-881-2700

According to the National Floor Safety Institute, over one million slip and fall victims are sent to the ER each year. With numbers like these, it is important to make floor and walking safety a priority. But regardless of how careful you are, there is always a possibility for accidents to happen, especially when another person or entity has been negligent in maintaining a certain duty of care.

In this case, you would need an experienced personal injury lawyer to navigate your case and recover the full and fair compensation you deserve after wrongfully suffering losses and damages as a result of a slip and fall accident. And although your attorney will conduct an in-depth and thorough investigation, it is important to collect certain important pieces of evidence yourself directly after an accident; evidence that your attorney would not have access to days after the incident occurred. These evidences will help prove your case to the courts and the opposing party.

Continue reading to learn what evidence to gather up after being injured in a slip, trip, and fall accident for a stronger chance at winning a fair settlement.

Scene of the Accident Footage

It is understandably difficult to collect footage at the scene of your accident when you are seriously hurt, but it is critical to your case to try. If you are too injured or incapacitated to gather this evidence yourself, you should ask a witness, bystander, friend, relative, or police officer to help you. Take as many pictures and video footage as you can of your injuries and the surroundings.

Include a picture of your entire body, your injuries, the area you slipped, tripped, or fell, as well as, the surface of the floor, nearby signs (or lack of signs), water puddles, snow, liquids, spills, frayed carpeting, unleveled surfaces, poor lighting, dangerous conditions, and more. Collect footage of anything that could have influenced the accident to happen. Video is best, but photos are effective too.

Clothing and Apparel

Another important piece of physical evidence that can help your case is the clothing you were wearing the moment of the accident. This includes your outfit and your shoes, as well as, any outerwear. If you are trying to prove that the floor you injured yourself on was dangerous, you may need to also prove that you were dressed reasonably and that your apparel did not contribute to your accident. Physical photos and clothing can help confirm this. For instance, if a woman was wearing high heeled shoes on a snowy day, this evidence would be used against her in a slip and fall injury case. But if you fell on a dry day wearing sneakers, the evidence helps prove your footwear was not a cause for your fall.

Physical evidence can also include witness statements, video footage, medical records, hospital bills, and more, but it is only a tiny fraction of a victorious slip and fall personal injury case. Fore this reason, it is an important to retain a seasoned accident attorney to recover the full and fair compensation you deserve. They have the knowledge and hands-on experience to obtain the settlement you need to cover all your related losses and damages.

Indianapolis Slip and Fall Attorneys

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss a slip and fall accident in Indianapolis, Indiana. Our seasoned slip and fall accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to recover what’s rightfully owed to you after suffering injuries from a slip, trip, or fall accident. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with an Indianapolis personal injury lawyer, today.

Property Code Violations Can Cause Slip and Fall Accidents

Posted on December 8, 2015 by admin

Premise Liability Claims 317-881-2700

Slip, trip, and fall accidents are complicated. There are so many variables that can lead to such accidents and injuries. One of the most common causes of slip and fall accidents involve property code violations. When a commercial or rental property is not up to code, there are not only potential legal consequences, but safety concerns as well. It is up to the municipalities (state and federal governments) to rule on and enforce proper building codes and standards to maintain safety.

Commercial properties like grocery stores, offices, and movie theaters, are legally obligated to maintain a safe and hazard-free environment at all times. This ordinance falls under premise liability law. For rental properties like townhomes, apartments, and condos, there is also a responsibility to maintain a premise that is both “up to code” and hazard-free; but who that responsibility falls on can sometimes be unclear.

For rental properties, most often the lease will define every detail of tenant and landlord responsibilities in terms of safety and maintenance. It is common for the tenant to be responsible for maintenance like snow and ice removal on personal sidewalks and driveways, but it is also common for condominium and apartment property management companies to provide professional landscaping and snow service for a monthly HOA (Home Owners’ Association) fee.

It is important to always discuss premise liability with your landlord or review the terms laid out in your lease. As for business owners, review some common building code violations that can not only cause slip, trip, and fall accidents, but hold you liable for a victim’s injuries and damages.

Building Code Violations and Hazards

Premise Liability Claims 317-881-2700

Most slip and fall accidents can be prevented, but if certain precautions are not taken, a property can quickly become a hazardous environment. If you are aware of which code violations and dangers to look for, you can better protect yourself from a potential slip and fall accident. But if you are a property owner, it is more important to make sure your premises is properly maintained and safe at all times.

Common Building Code Violations:

• Un-Shoveled Snow and Ice on Sidewalks
• Snow and Ice Left on Floors w/o Visible Warning
• Uneven Curbs or Sidewalks
• Warped Stairs or Steps
• Crumbling Steps
• Broken Stairwells
• Missing or Broken Stair Rails or Handles
• Poorly-Lit Sidewalks or Stairwells
• Improper Placement of Downspouts Causing Water and Ice Accumulation
• Lack of Slip-Resistant Mats for Slippery Floors
• Unmarked Construction Zones
• And More

If you were recently injured as a result of a slip and fall accident on someone else’s property, you may not be responsible for your own damages and losses. Talk to a licensed personal injury attorney about your slip and fall accident as soon as possible. You may be entitled to legal compensation for pain, suffering, medical bills, time off work, and much more.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorneys Indianapolis 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned slip and fall lawyer in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek have many years of experience representing victims of slip, trip, and fall accidents. We work around the clock to make sure we recover the full and fair compensation you deserve after sustaining serious slip and fall injuries. Call 317-881-2700 today for information about filing a personal injury claim in Indianapolis, IN.

Common Slip and Fall Injury Questions

Posted on September 3, 2015 by admin

Slip and Fall Lawyers 317-881-2700

When you or a loved one is injured in a slip, trip, or fall accident, it is natural to have questions regarding insurance, legal affairs, and more. When an accident like this happens as a result of another person or entity’s negligence, you may be owed compensation for your damages and losses. Always be sure to first seek immediate medical attention if you injury yourself after slipping and falling. Even if you feel like you are not injured, it is wise to have yourself check out by a medical professional to be sure.

Some injuries are dormant for days or weeks before showing signs, like concussions, neck injuries, fractures, and more. It is common to not feel injured immediately after an accident. Once you receive medical care, you are ready to call a slip and fall lawyer. Continue reading to learn some facts about slip and fall injuries and accidents, as well as, some common questions regarding such cases.

Do I Have a Slip and Fall Case?

To entirely understand your case top to bottom, you will need the professional assistance of a personal injury lawyer. They have the knowledge, experience, and resources to investigate your incident and determine if you have a valid case. Lawyers must consider all the unique and individual details of each client’s case in order to assess whether or not they are entitled to compensation for their losses. Such aspects include: extent of injuries and subsequent damages (losses), the at-fault party(s), the amount of evidence, and more.

What is the Time Limit for Filing a Slip and Fall Claim?

The time limit to file a lawsuit is called the Statute of Limitations. This time limit varies from state to state, and offense to offense. In Indiana, injury lawsuits have a statute of limitations of two years. This means you have two years from the date of your accident to file a claim against a negligent party. If you fail to do so in the allotted time, you lose your chance and can never file again.

How Much Does a Slip and Fall Lawyer Cost?

Reputable and established personal injury law firms generally work on a contingency basis. This means they do not collect any upfront legal fees or costs, and only collect payment if they win their client’s case. With this type of payment model, anyone can afford a slip and fall lawyer no matter what. Other law firms that do not operate this way may offer financing, payment plans, and more. Discuss payment arrangements with your personal injury lawyer before signing any documents.

Should I Pay My Medical Bills Myself?

Depending on the type of insurance policy you have, the insurance policy of the at-fault party, and the state you live in, this can vary. In some cases, victims have to pay their own medical bills and expenses, and then get reimbursed after the settlement. Other times, the opposing party’s insurance company pays these bills. If the claim is not successful, victims might be left to pay for their expenses themselves. It all depends on the circumstances of the case and the insurance companies. This is another reason why you need the services of a licensed accident attorney.

How Long Will It Take to Settle My Slip and Fall Claim?

The time it takes, from the moment you contact a law firm to the moment you cash the recompense check, greatly varies from case to case. Personal injury attorneys work hard to win a client’s case as quickly as possible to get them back to their normal lives. This is their whole purpose: to help victims get the full and fair compensation they deserve so they can concentrate on getting back to normal after a serious injury or accident.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall claim in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience in accident law. Our law firm offers free initial consultations and NEVER collects lawyer fees unless we win your case! Call 317-881-2700 to schedule your consultation with one of our passionate slip and fall lawyers in Indianapolis, IN today.

Scene-of-the-Accident Tips for Minor to Moderate Personal Injuries

Posted on August 25, 2015 by admin

Car Accident Lawyers 317-881-2700

If you or a loved one was recently hurt in a personal injury accident, it is vital to take the right steps directly after the incident to ensure and secure your rights down the line. For very serious accidents and injuries (brain injuries, concussions, spinal cord injuries, etc.), the most important step you can take is to receive immediate medical care. Once you are stable, the process can continue. Continue reading to learn what to do after being involved in a person injury accident, and how to get started recovering your expenses.

What to Do After a Personal Injury Accident

Be sure to always have a camera on you at all times. A disposable camera should always be kept in the glove compartment of your vehicle, and many people these days have cameras on their wireless phones. Capturing the injury on camera right after it occurs is a crucial step toward defending yourself in a personal injury case. Whether it’s a motor vehicle accident or a slip, trip, and fall, take as many pictures as you can of the environment, accident location, the injured area of the body (if applicable), and anything else that may have contributed to the incident. If you are unable to take pictures, ask the person with you to take them, or if alone, a friendly bystander. You will also want to ask about any surveillance cameras and videos so you can request a copy of your incident if it was recorded.

Personal Injury Lawyers 317-881-2700

The next step is to gather as much information from witnesses and persons involved. Get the names, addresses, emails, and phone numbers of all the people that saw the accident occur, and of the people who were involved. This can include a store manager, bystanders, customers, passengers in a car, and any other witnesses. Having proof of your story through the statements of witnesses will strengthen a case. You will need even more information from every person involved in the accident. Be sure to collect standard contact information, as well as drivers’ license numbers and insurance information.

When all pertinent information is collected, it is time to contact the police. Communicate all the necessary information and timeline of the accident. Be sure to tell them of any pain or discomfort you are experiencing. They will assist you with getting medical attention.

The final step to take after being wrongly injured is to contact a licensed accident attorney to file a personal injury claim in your city or county. A personal injury lawyer can recover the full and fair compensation you deserve after experiencing a traumatic injury or accident as a result of another person’s negligence.

File a Personal Injury Claim in Indianapolis

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim in Indianapolis. Licensed accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to win your case and obtain a full and fair settlement for your losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. Call 317-881-2700 to schedule your complimentary consultation with a seasoned personal injury attorney in Indianapolis, IN today.

Advice Regarding Slip and Fall Personal Injury Claims

Posted on May 6, 2015 by admin

Slip, trip, and fall claims are prevalent in the world of personal injury law. Accidents like this happen when a person slips, trips, or falls, and seriously injures themselves, as a result of a particular hazard on other person or company’s property. Several hazards can cause these kinds of accidents to occur on private or public property, such as puddles, spills, leaks, torn carpeting, poor lighting, and more.

If you or a loved one was recently injured in a slip and fall accident on another person’s property, it is vital to consult a reputable and experienced personal injury lawyer that concentrates on these types of accident cases. They retain the proper resources and knowledge, as well as, litigation and trial experience, to represent slip and fall victims in order to recover full and fair compensation for their damages.

Continue reading for more free advice regarding slip and fall injury accidents, claims, and lawsuits.

Slip and Fall Accident Claims

Anyone who is seriously injured from a slip and fall accident on a property other than their own could very well have a valid personal injury claim. Determining a claim’s validity and proving fault involves several variables and extensive investigation. A judge, jury, or insurance company must be convinced that the owner of the property was negligent in some way that caused the hazardous condition to exist, and that the victim used reasonable care and could not foresee the hazardous, thus preventing injury. Again, many variables goes into finding fault, proving fault, and more. This is why it is vital to hire a proficient personal injury law firm to facilitate a slip and fall case effectively.

Indianapolis Accident Lawyers 317-881-2700 — Indianapolis Slip and Fall Lawyers 317-881-2700

Property owners have a responsibility to keep their premises safe for visitors and guests. They can be at-fault for a slip and fall accident if they knew about, or should’ve known about, a hazardous condition and neglected to address it. However, there are circumstances to slip and fall accidents in which the victim is at-fault and does not have a valid legal claim against another property or company. An example of this situation would be if a woman wearing high-heels on a snowy day walks into a grocery store displaying “wet floor” signs everywhere happens to slip and fall in a puddle of melted ice.

She would have a very weak case because she did not use reasonable care by wearing unfitting shoes in poor weather, as well as, ignoring wet floor signs that indicated a potentially hazardous condition. The grocery store did their part in this example by displaying wet floor signs to warn customers that the floor is slippery and to walk with caution. And there are certain elements in the law that protect property owners, under certain circumstances, from hazardous conditions caused by weather, or conditions they cannot reasonably prevent.

Filing a Slip and Fall Claim

If you or a loved one recently suffered serious injuries as a result of a slip and fall accident on another person’s property, you have the option of filing a slip and fall claim. During this filing process, evidence will be requested to prove that the owner of the property should have known, or did know, about the hazard that caused the accident to occur. To do this, hire a personal injury attorney that has experience in slip and fall lawsuits. They will provide comprehensive representation for all aspects of your slip and fall lawsuit. They can obtain compensation for damages related to your accident and injuries.

As for property owners, it is strongly encouraged to purchase insurance policies that protect you from paying out-of-pocket for slip and fall accident settlements. This is especially important for commercial properties, business owners, and offices. In addition to third-party insurance, simply implementing certain strategies and precautions can better protect visitors from harm, and safeguard property owners in the case of a slip and fall accident.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a slip and fall accident claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek, as well as their proficient legal teams, are extensively experienced in slip and fall injury cases. They are happy to assess your case and determine if you have a valid legal claim. They offer free initial consultations and never collect lawyer fees unless they recover the full and fair compensation you and your family deserves. Call 317-881-2700 to schedule your free initial consultation today, and learn your rights following a slip and fall accident in Indianapolis, IN.

A Store’s Obligation to Maintain Safe Premises

Posted on January 26, 2015 by admin

All commercial stores are obligated under law to maintain safe and hazard-free premises for customers, guests, clients, and employees alike. This protects people from being seriously injured. One of the most common commercial store injuries are slip, trip, and fall accidents. Failure to maintain a safe environment for the public can result in such accidents, and unfortunately, they are very common.

Whether this type of accident occurs at a department store, retail store, small shop, restaurant, gym, cinema, or any other commercial property open to the public, it is either the business or victim’s fault. In a slip and fall case, the most complex part is proving that a store is liable for a person’s injuries. A personal injury attorney must present to the court proof that the store did not take proper precaution to prevent an accident from happening.

The opposing party, often times the store’s insurance adjuster, will undertake the burden of proving that it was the injured victim’s negligence that caused the accident to occur, and that the store took all necessary precautions. If it can be proven that the store was kept in an unsafe condition, causing the accident to take place, then the plaintiff may receive remuneration for their damages.

Reasons for Slip and Fall Accidents

The most common reason why slip and fall accidents happen has to do with precipitation. Rain, snow, and ice are the number one cause of slip, trip, and fall accidents. These are cases in which the store is generally not liable because of the obvious weather conditions. In these cases, the customer should have acted carefully knowing that surfaces are slipperier than usual due to the weather. Other reasons for slip and fall accidents include poor lighting, unleveled surfaces, changes in elevation, spills, leaks, constricted staircases, obstructions, and more. When any of these circumstances occur, it is the law that asks whether or not the store should have noticed the hazard in a reasonable amount of time and if they took prompt action to clean it up or remove it before anyone is hurt. The store’s accountability for a slip, trip, or fall accident with largely depend on these variables and more.

Store’s Liability in Regards to Personal Injuries

A commercial store may or may not be responsible for a person’s slip and fall. Depending on the situation, different scenarios will eventually determine who is liable for such an accident. For example, if a store applies a floor wax improperly or uses a product that is much too slippery, this could be considered negligence on their part. On the other hand, a person could have been intoxicated while walking around a grocery store and trip over an isle display. This, of course, would be the fault of the victim. These are basic examples, but in real-life, the scenarios are not so cut and dry. There are generally many complicated and complex details that make it difficult to decide who the negligent party actually is and why. This is the reason why slip and fall victims require professional legal counsel from a licensed personal injury attorney. They retain the resources, experience, and knowledge to facilitate a successful slip and fall claim.

Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about filing a slip and fall claim in Indianapolis, Indiana. Seasoned personal injury attorney, Daniel Craven, has extensive litigation and trial experience. Our law firm offers free initial consultation and never collects lawyer fees unless we prevail for you. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards. Call 317-881-2700 and speak with a slip and fall lawyer in Indianapolis, IN today.

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

Posted on November 12, 2014 by admin

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

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.