Can I Sue if I Trip and Fall in a Store?

Posted on March 19, 2024 by admin

Every year, thousands of Americans experience the sudden jolt of pain and fear that comes with tripping and falling in a retail store. The aftermath, however, is often filled with uncertainty. If you find yourself injured due to a slip or trip in an Indiana store, it’s natural to wonder about your rights and whether legal action is an option. This comprehensive guide will walk you through the intricate world of store liability, giving you the knowledge you need to handle these situations with confidence.

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Understanding Liability in Slip, Trip and Fall Cases

When a person trips and falls in a store, the question of who is legally responsible for the injury can be complex. Indiana law follows premises liability doctrine, which holds property owners—or the party in control of the premises—accountable for maintaining a safe environment for visitors.

The Duty of Care

Prioritizing the safety of visitors should be paramount for store owners in Indiana. They have a legal ‘duty of care’ under this state’s premises liability law. This duty includes:

▷ Regular safety inspections of the premises
▷ Knowledge of, and action on, hazardous conditions
▷ Posting warnings for known hazards that are not immediately rectifiable

Proving Negligence

To succeed in a claim, you must prove that the store or its employees were negligent. This requires proving:

▷The store was aware or reasonably should have been aware of the hazardous condition.
▷The hazardous condition led to the fall and subsequent injury.
▷The store’s negligence was a significant factor in causing the injury.

Steps to Take After a Slip and Fall Accident

The first moments after a fall are crucial for your safety and any potential claim. Here are the steps you should follow:

► Seek Immediate Assistance – Do not hesitate to ask for help. Call out to someone nearby or activate a store’s emergency assistance system if available.

► Notify the Store of the Incident – It is important to report the incident immediately to the store manager. A written report should be filed, and you are entitled to a copy for your own records.

► Ask the Store to Hold and Store all Video: Numerous stores now have several video cameras on the property. Write down an request on the written report for the store to hold onto the video evidence of you fall and how ling the hazardous condition existed before your fall.

► Document the Scene – Take photographs or video of the area where you fell, including the hazardous condition or object. Record the names and contact information of any witnesses. If you cannot do these things, please have another family member or store patron accumulate this evidence.

► Seek Medical Attention – Even if you feel okay initially, some injuries may become apparent only after the adrenaline wears off. Seeking medical attention promptly can also provide a record of injuries caused by the fall. It is very common for a person who falls to start feeling the injury later that day or even days or weeks later. It is important to seek medical attention as soon as you feel something.

► Retain All Records – Keep records of all costs associated with the fall, including medical bills, lost wages, and any out-of-pocket expenses.

Legal Considerations for Pursuing a Claim

Understanding the legal framework for your claim is essential. Here are the considerations you should bear in mind:

► Statute of Limitations – In Indiana, the statute of limitations for filing a personal injury lawsuit, including slip and falls, is generally two years from the date of the injury. Failing to file within this window may mean losing the right to compensation altogether.

► Determining Fault – Establishing liability can be challenging. However, with strong evidence and legal support, proving the store’s negligence is possible.

► Consulting a Lawyer – An experienced personal injury attorney is an invaluable asset. They assess the merits of your case, guide you through the claims process, and represent you in negotiations or in court if necessary.

Potential Compensation and Settlement

In successful cases, compensation, also known as damages, can cover various aspects of the accident:

► Medical Expenses: This includes all costs related to treatment for your injuries.

► Lost Wages: If you’re unable to work due to an injury, you might be eligible for compensation to cover lost earnings.

► Pain and Suffering: Damages that consider the physical discomfort and emotional distress caused by the accident, both temporary and permanent in some situations.

► Negotiating a Settlement vs. Going to Trial

Personal injury claims are often resolved outside of court through negotiations. Yet, if an agreement cannot be met, proceeding to trial may become necessary.

Conclusion

After a slip and fall in a store, the path to justice may seem fraught with uncertainty. But with the right knowledge and support, you can stand up for your rights. Remember to take decisive action in the immediate aftermath, understand the legal principles at play, and seek professional legal advice to ensure that you receive the just compensation you deserve.

Navigating a slip and fall claim is complex, and each case is unique. We urge you to seek the assistance of a qualified attorney who can offer personalized guidance tailored to your circumstances. Don’t allow the complexities of the legal system to deter you from seeking the justice you deserve. Your comfort and well-being should be the highest priority, and pursuing a claim might lead you to a swift recovery and necessary adjustments to the store’s safety standards and policies.

If you or a loved one has suffered an injury from a slip and fall accident in a store, don’t face the legal battle alone. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get the support and expertise you need. Our experienced Indianapolis slip and fall accident lawyers are well-versed in Indiana premises liability law and are dedicated to fighting for the justice and compensation you deserve. Schedule a free consultation now, before time runs out on your claim.

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!

How to Recover Damages From Your Wet Floor Slip and Fall Compensation Claim

Posted on August 20, 2020 by admin

A wet floor sign plays a vital role in the safety of both patrons and staff within a business. However, more needs to be done to protect others from slip and fall accidents. When such warnings and actions are not applied properly for this purpose, the property owner or proprietor can be held legally liable for any victim’s damages and losses that result from their injuries. If you were recently injured on a commercial property in a wet floor slip and fall accident, your next step is to retain skilled personal injury representation so that you can recover the full and fair compensation you deserve.

Continue reading to learn more about Indiana slip and fall accidents, including how to maximize your compensation and where to get started on your claim.

Indianapolis Slip and Fall Lawyers 317-881-2700

Slip, Trip, and Fall Accidents

Losing one’s balance as a result of a wet floor can result in slipping and falling. When this happens as a result of a store or business owner’s negligence, the victim is likely entitled to economical reimbursement for their damages and losses. Damages and losses include out-of-pocket expenses accrued as a result of their injuries, like hospital and medical bills, lost wages from missing work, and more. So, what does negligence look like in a wet floor slip and fall scenario? Well, there are many ways a business can be negligent. One of the most common mistakes or inactions made is not displaying proper signage and warnings on rainy days, snowy days, mopping days, spills, leaks, or when the floors are otherwise wet. If this happens, a business is not taking the proper precautions they are obligated to under Indiana duty of care and negligence laws.

A Business’s Duty of Care

Negligence can be defined in many ways, but there are two fundamental factors that make evident its basic concept; these two factors are “duty of care” and “breaching” the duty of care. Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental. Stores and businesses have this same legal responsibility, and if they fail to uphold that responsibility, thus directly causing another person to be injured or killed, they have breached their duty of care.

Advice for Making a Slip and Fall Claim in Indiana

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 an Indianapolis 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.

Contact Our Indianapolis Indiana Slip and Fall Lawyers Today

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to get started on your slip and fall accident claim in Indianapolis, Indiana. Our seasoned personal injury lawyers have decades of experience working on slip and fall cases, and will use every resource in our firm’s power to recover the full and fair compensation you deserve. Best of all, we offer free initial consultations and never collect attorney fees unless we win a settlement for you. We represent injured persons throughout the State of Indiana. Call 317-881-2700 to get started, today.

Craven, Hoover, & Blazek P.C.

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