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.

When Can a Slip and Fall Accident Lead to a Lawsuit?

Posted on February 18, 2022 by admin

Whether you fell at your apartment complex due to landlord negligence or at a local retail store because of a slippery surface hazard that was not properly maintained by the store owner or tenant, a slip and fall accident can be quite serious and lead to severe, long-lasting injuries. In such cases, an accident lawsuit may ensue.

Continue below to learn some basic facts about slip and fall accident cases, including when a lawsuit might be necessary.

Slip Fall Lawyers Indianapolis Indiana 317-881-2700

Personal Injury Slip and Fall Accident Claims

A slip and fall accident in Indiana can turn into a personal injury case if in the situation, a hazard of some sort was on the property and was neglected by the property owner or tenant. As a result, this hazard caused harm to another person by causing them to slip and fall. A slip and fall situation can result in serious injuries, and sometimes, not right away. After a slip and fall accident, many people get right back up and go on with their day, only to notice days or weeks and sometimes even months later that they are having severe back pains or other injury related issues.

Slip and fall accidents are categorized under Tort Law, meaning the injury was caused by someone else’s negligence, or someone else can be held accountable for your injuries. If a property owner knows or should know through routine inspections about a potential danger lurking on their premises, or a hazard of some sort, they are obligated by law to take responsibility for the danger immediately. If the hazard is never tended to or never discovered due to a lack of inspections, and it subsequently causes another person harm or loss, then the owner can face legal damages which the owner’s insurance carrier would be responsible for paying.

Common Slip, Trip, and Fall Injuries

Slipping and falling can cause a number of injuries to a person, ranging from minor to major. Some minor personal injuries include sprained ankles, broken toes, lesions and bruising, scrapes, burns, and scratches. Some major injuries are broken backs, hips, or necks, shattered pelvis, knocked unconscious and brain injuries, and worse.

Hire a Personal Injury Lawyer After a Slip and Fall Accident

If you have been involved in a slip and fall accident, it is recommended you hire an Indiana personal injury attorney to represent your rights. A victim can recover damages for lost wages, medical bills, legal fees, pain and suffering, and more. The law is tricky and hard to understand unless you are trained in the industry. An experienced personal injury law firm in Indianapolis can help with most types of slip and fall cases. To further understand your rights as a victim of a wrongful accident or injury, you want to consult with a knowledgeable accident attorney that can speak to you in a language you can understand.

Don’t let a serious accident stop you from collecting what you are legally entitled to. Get compensation for pain, suffering, lost wages, and more with the help of a licensed accident lawyer. With many stores and other locations having surveillance cameras set up everywhere, it is vital to obtain legal representation immediately after a fall as negligent parties can and will destroy the video evidence of not only the fall itself but video of when the product got on the floor and when and by whom the last inspection was supposedly performed, even though they know a person fell and was injured on their property.

Not sure how to get started with a personal injury slip and fall accident claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned slip and fall accident attorney in Indianapolis, Indiana. We can meet with you over the phone or computer, or in-person at our Indianapolis law office. We represent injured persons throughout the state of Indiana.

Local Indianapolis Personal Injury Law Firm 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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