Understanding Indiana Laws: A Store’s Duty to Ensure Customer Safety

Posted on May 16, 2025 by admin

Accidents can happen anywhere, but an unexpected injury while shopping can be especially frustrating. If you’ve slipped on a wet floor, tripped over a loose carpet, or been hit by falling merchandise in a store, you might be dealing with more than just physical pain. You could face costly medical bills, lost wages, and emotional stress. But did you know that stores in Indiana have a legal responsibility to keep their premises safe for customers?

This blog will explore what premises liability means in Indiana, the duties of store owners, common hazards, and what steps to take after a store-related injury. We’ll also explain how Indiana’s premises liability laws can impact your claim and how consulting a store injury lawyer can protect your rights and help you secure fair compensation.

Call 317-881-2700 to Reach Our Experienced Premises Liability Lawyers in Indiana

Understanding Premises Liability in Indiana

Premises liability is a legal principle that holds property owners accountable for maintaining safe conditions on their property. Under Indiana law, businesses that welcome customers onto their premises owe a duty of reasonable care to ensure that the environment is safe. When a store fails to meet this obligation and someone is injured as a result, the store can be held liable for the harm caused.

Indiana follows the modified comparative fault rule under Indiana Code § 34-20-6-1. This means that while you can still recover damages if you’re partially at fault, you cannot recover compensation if your fault exceeds 50%.

Duty of Reasonable Care for Business Invitees

As a customer, you are considered a “business invitee.” This designation requires store owners to take reasonable steps to identify and remedy potential hazards. Examples include:

Regularly inspecting floors, aisles, and other areas for spills or debris.
Clearly marking wet floors or areas under repair.
Properly stacking merchandise to prevent falling items.
Maintaining sidewalks and parking areas, especially during winter months in Indiana when ice and snow accumulate.

When stores neglect these duties, they expose themselves to potential liability for injuries that occur as a result.

Common Hazards in Indiana Stores

Indiana stores, from grocery chains like Kroger to big-box retailers like Walmart, often encounter hazards that endanger customers. Here are some hypothetical scenarios of common risks that may illustrate store negligence:

► Wet Floors – A shopper at a Kroger in Indianapolis slipped on spilled milk in an aisle. No warning signs were present, and staff failed to clean the spill promptly.

► Improperly Stacked Merchandise – A Home Depot customer suffered cuts and a concussion after improperly stacked lumber fell on them.

► Outdoor Hazards – An elderly shopper slipped and fell on an icy entrance way at Walmart after staff failed to de-ice the sidewalk.

► Cluttered Aisles – A patron at Menards tripped over unmarked construction debris left in the aisle.

► Falling Objects – A Lowe’s customer sustained a head injury after being hit by an improperly secured promotional display sign.

Contact an Indiana Premises Liability Lawyer

What to Do After an Injury on Store Premises

If you’ve been injured in a slip and fall accident or other store-related incident in Indiana, you have the right to file a premises liability claim. Here are the steps you should follow to protect your legal rights:

1. Seek Immediate Medical Attention

Your health should always be your first priority. Prompt medical care not only ensures your well-being but also establishes a clear record of your injuries, which can be vital for your claim.

2. Report the Incident to Store Management

Notify the store manager or owner immediately and request an official injury report. Make sure to get a copy of the report for your records. Failing to report the injury at the time of the incident could weaken your claim.

3. Document the Scene

Take photos of the hazard that caused your injury, such as a wet floor, debris, or icy pavement. If there are witnesses, ask for their contact information as they may be able to support your case.

4. Preserve Evidence

Avoid signing any documents or making statements to the store’s insurance company without consulting a store injury lawyer. Anything you say can be used against you. Similarly, refrain from posting about the accident on social media.

5. Consult a Premises Liability Lawyer

An experienced Indiana premises liability lawyer can guide you through the complex legal process of filing a premises liability claim. They can gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Compensation for Store Injuries

If your claim is successful, you may be entitled to various types of compensation, including:

Medical Expenses: Past, current, and future medical bills related to the injury.
Lost Wages: Compensation for time missed at work.
Pain and Suffering: Non-economic damages to account for emotional distress, reduced quality of life, and more.
Property Damage: If personal belongings were damaged in the accident, such as a broken phone or glasses.

How an Indiana Premises Liability Attorney Can Help

Navigating a premises liability claim can feel overwhelming, especially when you’re dealing with the aftermath of an injury. A skilled store accident lawyer can help by:

Conducting a thorough investigation to prove the store’s negligence.
Gathering critical evidence, such as maintenance records, surveillance footage, and witness statements.
Advising on Indiana’s comparative fault rule and how it applies to your case.
Handling all legal communications and negotiations with the store’s insurers.
Representing you in court if the claim cannot be resolved through settlement.

Indiana law imposes a statute of limitations for personal injury claims, which means you have two years from the date of the accident to file your lawsuit. Acting promptly is crucial to preserve evidence and strengthen your case.

Know Your Rights and Act Today

Every business, whether it’s a small grocery store, a big-box retailer, or even a local coffee shop, has a legal responsibility to maintain a safe environment for its customers. This means addressing potential hazards, such as wet floors, poorly lit areas, or uneven walkways, to prevent accidents. If you’ve been injured due to a store’s negligence, Indiana premises liability laws are in place to protect your rights and ensure accountability. These laws allow you to seek compensation for injuries caused by unsafe conditions that a business failed to address in a timely manner.

If you have been wrongly injured in or on the premises of an Indiana store, seek legal guidance right away. An experienced store injury lawyer can help you navigate the legal process and fight for the compensation you deserve. Just be sure to act fast while evidence is still fresh and while you still have time to file a claim under Indiana’s statutes of limitations.

To ensure you receive the compensation you deserve, consult Craven, Hoover & Blazek, P.C., today. Initial case evaluations are free of charge and we work on contingency—so we don’t charge you unless we are successful with your case.

Contact us for a free consultation.

Your Path to a Successful Premises Liability Claim in Indiana

Posted on November 11, 2024 by admin

Have you recently experienced a slip and fall accident or another injury on someone else’s property in Indiana? Understanding the intricacies of premises liability can seem daunting, but you don’t have to do it alone. This guide is designed to equip you with the knowledge you need to pursue a successful premises liability claim in Indiana, ensuring you receive the compensation you deserve.

Call 317-881-2700 to Speak With Our Skilled Premises Liability Lawyers in Indianapolis Indiana

Indiana’s Approach to Premises Liability

Premises liability is a legal concept that holds property owners accountable for accidents and injuries that occur on their property due to unsafe conditions. In Indiana, premises liability laws help to make sure that property owners maintain a safe environment for visitors. This area of law encompasses various incidents, from slip and fall accidents to trip and fall accidents to injuries caused by inadequate security.

Understanding premises liability and its significance in Indiana law is crucial for any personal injury claimant. Whether you’re an Indiana resident or a visitor, knowing your rights enables you to hold negligent property owners and their insurance carriers responsible for their actions. It’s important to approach premises liability claims with knowledge and preparation. By familiarizing yourself with the legal landscape, you’ll be better equipped to handle any challenges that arise during your case.

Your Rights as an Injured Victim

In Indiana, property owners have a legal obligation to use reasonable care to ensure their premises are free of hazards that could harm visitors. This duty of care extends to maintaining safe conditions and promptly addressing any known dangers or dangers that should have been known by proper investigation. Understanding these responsibilities is essential for anyone considering a premises liability claim.

Conditions that qualify as dangerous can vary, but they typically involve hazards that a reasonable person would recognize as unsafe. Common examples include wet floors, uneven sidewalks, inadequate lighting, and faulty staircases. If a property owner fails to address these issues, they may be held liable for any resulting injuries.

Visitors’ rights in premises liability cases depend on their status—invitees, licensees, or trespassers. Invitees, such as customers, are owed the highest level of protection. Licensees, like social guests, also enjoy some protection, while trespassers have limited rights. Understanding your status is crucial for establishing the property owner’s duty of care in your case.

Steps to Take After a Personal Injury Accident

If you find yourself injured on someone else’s property, taking immediate action is crucial for protecting your health and preserving your legal rights. The first step is to seek medical attention, even if your injuries seem minor. Prompt medical care not only ensures your well-being but also establishes a record of your injuries, which is vital for your claim.

Documenting the scene of the accident is also essential. Take photographs and video of the hazardous condition that caused your injury, as well as any visible injuries you sustained. If possible, gather contact information from witnesses who can provide statements about the incident. These details will serve as valuable evidence in building your premises liability claim.

Additionally, it’s important to report the incident to the property owner or manager as soon as possible. Make sure you request, in writing, that the property owner retain all surveillance video regarding your fall and how the dangerous condition came to exist. This step creates an official record of the accident, which can support your case if the property owner disputes your claim. Be sure to keep copies of any correspondence related to the incident, as well as receipts for medical expenses and other costs incurred as a result of your injury.

Navigating Indiana’s Legal Process

Filing a premises liability claim in Indiana involves navigating a complex legal process. Understanding the statute of limitations is crucial, as it dictates the time frame within which you must file your claim. In Indiana, you typically have two years from the date of the injury to file a premises liability lawsuit, excluding claims against governmental entities.

Indiana follows a comparative fault system, which means that your compensation may be reduced if you’re found partially at fault for the accident. It’s essential to present a strong case that clearly establishes the property owner’s negligence to maximize your chances of receiving a fair settlement.

Premises liability claims can result in various types of damages, including medical expenses, lost wages, pain and suffering, and more. An experienced premises liability attorney can help you understand the types of damages available in your case and work to secure the maximum compensation possible.

Documenting a Strong Premises Liability Claim

Creating a compelling premises liability claim requires gathering substantial evidence to support your case. This process begins with collecting documentation, such as medical records, photographs of the accident scene, surveillance video, and any incident reports filed with the property owner.

Witness statements are invaluable in corroborating your account of the incident. If there were any bystanders who witnessed the accident, reach out to them for statements detailing what they observed. These statements can provide crucial support for your claim and strengthen your case.

The role of a slip and fall lawyer cannot be overstated. A skilled premises liability attorney will guide you through the legal process, help you gather evidence, and advocate on your behalf. With their expertise, you’ll be better positioned to prove liability and secure the compensation you deserve. Your attorney will do most of the work so you can concentrate on healing.

FINAL THOUGHTS AND NEXT STEPS

Pursuing a premises liability claim in Indiana can be a complex and challenging endeavor, but understanding your rights and the legal process can significantly improve your chances of success. By following the steps outlined in this guide and seeking the assistance of a knowledgeable premises liability attorney, you can document a strong case and secure the compensation you deserve.

Remember, time is of the essence when it comes to filing a premises liability claim. Don’t delay in seeking legal advice and taking the necessary steps to protect your rights. Reach out to a premises liability attorney right away so they can request and obtain the surveillance video right away as defendant’s will try not to save the video, especially when they know it shows how someone was injured on their property.

For those who wish to learn more about premises liability in Indiana, there are numerous resources available. Consider exploring reputable legal websites, consulting with experienced attorneys, or reviewing Indiana’s personal injury laws to gain a deeper understanding of your options and rights.

By staying informed and proactive, you’ll be well-equipped to navigate the complexities of premises liability claims and achieve a successful outcome. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with a premises liability attorney in Indianapolis, Indiana. We have successfully represented premises liability cases for many injured victims, including accidents that have occurred in big box stores like Walmart, Lowes, and Menards. Call now before time runs out on your claim!

Craven, Hoover, & Blazek P.C.

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