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Understanding the Legal Aspects of Slip and Fall Accidents in Indiana

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Slip and fall accidents can lead to severe injuries, impacting victims both physically and mentally. Understanding the legal aspects surrounding these incidents in Indiana is crucial to protecting your rights and securing personal injury damages you are legally entitled to. This blog is here to shed light on the premises liability law in Indiana, detail the legal process involved in slip and fall cases, and guide victims on how to navigate the often complex terrain of personal injury cases. Join us as we delve into the intricacies of this critical aspect of law.

Call 317-881-2700 to Speak to a Skilled Premises Liability Lawyer in Indianapolis
Call 317-881-2700 to Speak to a Skilled Premises Liability Lawyer in Indianapolis

What is Premises Liability in Indiana?

Premises liability is a legal doctrine that holds property owners responsible for injuries suffered on their premises. This entails the responsibility of the owner to maintain a safe environment and reasonably prevent hazards from occurring. In Indiana, both residential and commercial property owners must endeavor to help keep their visitors safe by taking appropriate measures. If they fail to do so, they can be held liable for any injuries that occur.

How Does Indiana Law Define a Slip and Fall Accident?

In general, a slip and fall accident is defined as an incident where someone trips or slips due to hazardous conditions on the property of another person. This could include anything from a slippery floor to debris left in a walkway. In Indiana, the courts use a “reasonableness standard” to assess whether someone is liable for a slip and fall accident. This means that if it can be reasonably assumed that the property owner did not take adequate steps to prevent an accident from occurring, they may be held responsible.

Additionally, there are two approaches adopted by Indiana Courts when dealing with slip, trip, and fall accidents. The “open and obvious” doctrine dictates that if the hazard is open and obvious to a reasonable person, then it could be assumed that the plaintiff should have taken more care in avoiding the accident. However, even if the hazard is open and obvious, a property owner can still be liable depending upon the specific facts of the case.  On the other hand, the “reasonable discovery” rule states that as long as a hazard is not open or obvious, property owners still have an obligation to take reasonable steps in making sure their property is free of dangers.

What Should You Do if You Get Involved in a Slip and Fall Accident?

If you find yourself involved in a slip and fall accident, the most important thing to do is seek medical attention right away, even if your injuries seem minor. Additionally, it’s a good idea to take photos and videos of the scene and to obtain names and phone numbers of witnesses, as this can be used as evidence in court. It is vital that you request that the property owner or manager retain any and all video of the fall from at least two hours before the fall to two hours after the fall. It’s also important to note anything that could have caused the accident, such as a slippery floor or something blocking your path. Finally, it’s crucial for you to get legal advice from an experienced personal injury attorney who can guide you through the process of filing a lawsuit and securing damages.

What Kind of Damages Can You Recover in a Slip and Fall Lawsuit?

If you are successful in filing a lawsuit against the property owner or whoever was in charge of the property at the time, you could be eligible to receive compensation for any medical bills, pain and suffering, lost wages and other losses incurred due to your injuries. This includes physical pain and suffering, emotional distress, lost wages, and even punitive damages if the court or jury deems them appropriate. In addition to these damages, you may also be able to receive compensation for lost property or repair costs as well. This could include items such as clothing damaged during the accident, medical equipment or aids used to treat your injuries, and any other costs related to the incident.

Conclusion

Slip and fall accidents can lead to serious injuries and financial losses, which is why it’s important to understand the legal aspects of these cases in Indiana. If you have been involved in such an accident, contact a knowledgeable premises liability attorney who specializes in slip, trip, and fall cases can help guide you through the process of filing a lawsuit and ensure that you get full compensation for your losses. With the right guidance and proper documentation, you can secure justice and financial security for yourself and your loved ones.

If you have experienced a recent personal injury accident, make sure to take the time to understand your options before making any decisions. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with seasoned slip and fall lawyers in Indianapolis, Indiana. We represent victims all throughout the state, plus Indiana residents injured in other states.

Related Posts:

10 Things to Know Before Filing a Slip and Fall Accident Claim
Indiana Slip and Fall Accident Claim Guide for Victims
The Key Liability Questions in Slip and Fall Lawsuit

10 Things to Know Before Filing a Slip and Fall Accident Claim

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If you’ve been injured in a slip, trip, or fall accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, or other damages. You should hire a slip and fall attorney to represent you as soon as you can and there are some important things that you should know. Continue reading to review 10 essential tips to help make sure your case is successful.

Call 317-881-2700 to Speak With a Slip Fall Lawyer in Indianapolis IN
Call 317-881-2700 to Speak With a Slip Fall Lawyer in Indianapolis IN

Thinking About Filing a Slip and Fall Accident Claim?

Read Through These Tips First:

1. Document the Accident – Take pictures and video (if possible) of the hazard that caused your fall, as well as any injuries you sustained and any medical treatments you’ve received. This information may be needed to prove that you were indeed injured in a slip and fall accident.

2. Get Medical Treatment Immediately – It is important to seek medical treatment right away after an injury so that it can be documented in your medical records. Once your claim is filed, these records will be used to help determine the amount of compensation you deserve for your injuries and the defendant’s insurance company will want to review those records.

3. Request Property Owner Preserve Evidence – Make sure to request as soon as you can, in writing if possible and at the time of your fall if possible, that the property owner document the date, time and place of your fall and the names and addresses of any witnesses.  Also request that they retain any and all video surveillance of the area of your fall showing what made you fall and how the danger that made you fall got there and how long it had been there prior to your fall.

4. Notify the Property Owner – If your slip and fall accident occurred on someone else’s property, it is important to notify the owner or manager of that property as soon as possible so they can make a record of the incident and possibly attempt to fix the hazard that caused your injury so nobody else gets hurt.

5. Preserve Evidence – Don’t discard any clothing or items involved in the accident because they may contain evidence that could help prove liability in court. Also, document anything unusual about the conditions of the area where you were injured such as spills or broken stairs.

6. Speak With Witnesses – Witnesses at an accident scene are invaluable when it comes to proving fault in court. Make sure to get their contact information in case you need to speak with them later on.

7. Contact a Slip and Fall Attorney – It is always best to consult an experienced Indianapolis slip and fall lawyer before filing a claim or taking any legal action against the property owner and their insurance carrier. A slip and fall personal injury attorney will be able to review your case and advise you of your legal rights and options for seeking compensation.

8. Understand the Statute of Limitations – Each state has its own statute of limitations governing how long after an injury you have to file a claim. Make sure that you are aware of this time period because if you miss it, your right to seek compensation could be lost forever. In Indiana, you have 2 years from the date of the accident to file a slip and fall claim in most cases, excluding those involving governmental entities.

9. Gather Financial Documents – Make sure to have all medical records, medical bills and other financial documents related to your accident claim on hand before filing a claim with an insurance company or going to court. This will help you prove the amount of compensation that you are entitled to.

10. Negotiate a Settlement – If the property owner’s insurance company offers you a settlement, make sure to get legal advice from your slip and fall attorney before accepting it as it may not be sufficient enough to cover all of your damages. Your attorney can help negotiate a more favorable settlement if necessary and can advise you on what the ramifications of a settlement would be.

Conclusion

These 10 tips should give you an idea of what is involved in filing a slip and fall accident claim. Remember that it is important to act quickly after an accident and seek legal advice from a qualified slip and fall attorney who can help you get the compensation you deserve for your injuries.

Having this information clearly documented will make it easier for both your lawyer and the court and jury to understand the full extent of your damages. This type of evidence can also be used to help prove the damage amount in court or during settlement negotiations. Keeping track of all related expenses such as medical bills and lost wages will also be beneficial for your case.

Are you ready to learn more about your rights and eligibility as a personal injury victim or defendant?  Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a no-fee personal injury consultation with a trusted and professional slip and fall lawyer in Indianapolis, today. We represent clients all throughout the state, even if you are an Indiana resident who was injured in another state, or an out-of-town visitor injured in Indiana.

Related Posts:

How to Get the Most Out of Your Slip and Fall Injury Claim
The Two Main Types of Construction Site Slip and Fall Accidents
What Accident Victims Must Prove to Win a Slip and Fall Case

Facts About Premise Liability Policy For Small Business Owners

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Slip and fall injuries can and do happen on the premises owned or controlled by business owners, small and big alike.  All businesses should have general liability insurance and premise liability insurance for a commercial property and their business in general.  Small and big employers and their employees are sometimes “negligent”, which basically means failing to use due care.  If a business is negligent, they can and should be held liable for resulting injuries and damages to their patrons.  If a business is found to be negligent by a judge or jury, their insurance carrier will pay for any verdict against the company.

Continue reading to learn about premise liability policy protection and who to call for pertinent advice and information about this topic and more.

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

General Liability Insurance for Small Businesses

Not only is it important to retain this kind of insurance, it is also important to obtain the right amount of coverage. Having enough coverage is necessary for proper protection for the business and to provide for full compensation for a patron injured as a result of negligence. An experienced insurance agent can provide accurate assessments for a business’s particular policy coverage needs although in general, the more coverage you have the better.

For such insurance policies, a business pays a monthly or quarterly premium for their insurance coverage. This premium promises an insurance defense attorney to fight their case, as well as a money reserve to cover any court-ordered retributions or remunerations awarded against them by a verdict or for funds to use to obtain a settlement.  This is another reason supporting the importance of having enough liability coverage.

Premise Care and Maintenance

Businesses have a legal obligation to provide a safe premise for anyone invited or welcomed onto their property. It is important to properly inspect, maintain and care for their property, inside and out, so people are not injured. This means proper inspections, floor cleaning, repair, and maintenance, as well as routine snow shoveling and salting, pathway clearing, concrete repair, and much more. It would also includes reviewing and ensuring that the property meets all safety rules, codes and ordinances.

It is also their duty and legal obligation to supervise employees and staff within their business as businesses can only act through their owners, officers, agents and employees. If any of these persons were negligent and contributed to causing a person’s injuries, the business itself is held responsible under Indiana law.  Thus, it is important to make sure all employees are fully aware of the importance of premises safety for any business.

Hire an Indianapolis Personal Injury Lawyer if You are Hurt in a Slip and Fall Accident

If you were recently injured in a slip and fall accident, contact a licensed Indianapolis slip and fall lawyer for professional legal advice and information. You may be entitled to legal compensation for your damages and losses.

Were you seriously injured in a slip and fall accident in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 317-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured victims throughout the state of Indiana.

You Should Also Read:

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

Indianapolis Personal Injury Lawyers 317-881-2700
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FAQS About Slip and Fall Personal Injury Claims

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After receiving your initial medical treatment, it is important in a slip and fall injury claim to protect and preserve the evidence and hire an experienced accident attorney to represent you in your case. It is important to take these actions soon after a slip and fall accident takes place in order to be able to prove your case and ultimately win your settlement for compensation.

Continue reading to review some frequently asked questions about slip and fall accident claims, and get a better understanding of what to expect from the process.

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

What are Some Common Causes of Slip, Trip, and Fall Accidents?

Slip and fall accidents are normally caused by hazardous surface conditions, like wet floors, uneven walkways, and poorly maintained parking lots. Additional examples of common causes for slip and fall accidents include wet or slippery floors, cracked sidewalks, defective escalators or moving walkways, jagged walkways, uneven steps, broken tiles, torn carpets, pathway obstructions (debris, rubble, electrical cords, etc.), insufficient lighting, broken, loose or missing handrails, broken ramps, construction zones, grease or oil spills, failure to post warning signs for floors or steps, failure to remove hazards, failure to remove snow or ice, defective ladders, etc…

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

Laws surrounding slip and fall accidents and liability vary from state to state, so the circumstances for each case will differ. However, in all states, commercial, public, and residential property owners have a certain legal responsibility (duty of care) to ensure their premises are safe and hazard-free in order to protect any visitors from potential harm.  See our blog, “Defining “Duty of Care” in a Personal Injury Lawsuit” to learn a little more about this legal principle.

What Does the Law Say About Slip and Fall Liability?

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

Do I Need a Slip and Fall Lawyer?

You absolutely should hire one. A personal injury lawyer who specializes in slip, trip, and fall accident claims will give you the best chance at recovering the full and fair compensation you deserve. Without the help of a lawyer, you will be subjected to managing all aspects of your claim without professional assistance or any sort of concrete legal knowledge. Such claims are highly complex. It is necessary to hire a lawyer to make a personal injury claim for a slip and fall accident if you want to have the best chance of collecting a reasonable and fair settlement.

Should I Provide a Statement to the Insurance Company?

Before talking to any insurance adjusters, it is crucial to hire a personal injury lawyer first. The process of speaking with personal or opposing insurance adjusters or their attorneys is delicate and complex. In fact, it is quite risky.  Insurance adjusters and attorneys are trained to ask questions that can be later argued are to the benefit of their clients. It is crucial to have an experienced slip and fall lawyer on your side during the entire personal injury claim process the same way the defendant has an experienced insurance adjuster or attorney on their side from the beginning. 

How Do I Make a Slip and Fall Claim in Indianapolis?

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed slip and fall lawyer in Indianapolis. Our seasoned personal injury attorneys have extensive trial and litigation experience, and represent injured victims throughout the State of Indiana. We can recover the full and fair compensation you deserve after being injured in a slip, trip, or fall accident. Contact us today to schedule a free initial consultation and have your case evaluated by a knowledgeable slip and fall personal injury attorney you can trust.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

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

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Indianapolis Slip and Fall Lawyers 317-881-2700

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

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.

Do I Have a Personal Injury Case?

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Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

If you’ve been injured in an accident, there’s really only one reliable way to find out whether or not you have a valid personal injury claim; and that is to outsource professional legal counsel. Licensed personal injury attorneys are the professionals you need when it comes to assessing your accident, injuries, and damages. They retain extensive knowledge and proficiency in personal injury law, as well as, trial experience, litigation, and more. All accidents are different, and there are several variables that can change a person’s entitlement to compensation for their damages. This is why it is important to seek out professional guidance following a serious accident.

Personal Injuries and Compensation

When a person is injured in an accident as a result of another person or entity’s negligence, they may be entitled to compensation for damages. This is a main factor in personal injury claims and is the first thing that is considered after an accident. The responsible action to take following an accident is to seek out immediate medical attention infallibly support. As soon as you are in stable condition, use this opportunity to call a personal injury attorney right away. The quicker you take action in a personal injury claim, the more likely you are to win your case. Here’s the general guidelines as to how to figure out if you have a personal injury claim after being injured in an accident:

➀ Your Injuries Were a Direct Result From Another Person/Entity’s Negligence or Carelessness

➁ You Obtained Valid Medical Documentation and Police Reports of Your Injuries Immediately Following Your Accident

➂ Your Injuries are Genuine and Real

➃ The Opposing Party is Justifiably Responsible for Your Injuries and the Accident

➄ The Opposing Party Caused Your Injuries and that Accident as a Result of Negligence

These five aspects are the chief guidelines used to determine whether or not a person has a lawful personal injury claim in most cases. As mentioned before there are several other variables that differentiate personal injury cases because not all claims are alike. These guidelines are simply informal key topics that will help you better understand personal injury claims and lawsuits. It is always best to contact a professional personal injury attorney for accurate and reliable advice and counsel.

Indianapolis Personal Injury Lawyers

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights after a serious accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience in personal injury law. It is important fast after being injured in an accident, because the sooner you take action, the more likely you are to win your claim and recover compensation for your damages. Our highly knowledgeable and experienced personal injury attorneys are standing by to take your call and answer your questions about accident injury claims in Indiana. Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, IN today.

Property Code Violations Can Cause Slip and Fall Accidents

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Premise Liability Claims 317-881-2700

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

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 Attorney Indianapolis

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.