Columbia City
Slip and Fall
ATTORNEY

DELVENTHAL LAW

LET US NEGOTIATE A SETTLEMENT FOR YOU

No one expects to be injured when walking onto another person’s property. However, hundreds of people are injured every year doing just that. Some hazard on the property causes them to slip or trip and then fall. For some, recovering from these accidents can take months of intense physical therapy.

If you have been hurt, contact Delventhal Law Office today. Our Columbia City slip and fall lawyer has ample experience holding property owners accountable when visitors fall due to some hazard on the property.

SLIP AND FALL LAWS IN INDIANA

A victim can only sue if the property owner was negligent in how he or she maintained the property. Negligence means the failure to use reasonable care and can include things like creating a hazard themselves or failing to fix a hazard in a timely manner.
The amount of care a property owner must exercise depends on many circumstances. It is not true that a property owner guarantees visitors will never be hurt. All that our law requires is that the property owner take reasonable precautions.

A major consideration is why a visitor was on the property in the first place. If they were invited to visit, or if they were a social guest, then owners owe a high duty of care. For example, a customer visiting a store is owed a duty to uncover and protect against hazards. A store that doesn’t regularly check the aisles for hazards has been negligent, and injured victims can sue when they slip or trip on something.

By contrast, someone who trespasses on the property is not owed any duty of care. Instead, the law only prevents owners from intentionally hurting trespassers. An exception exists for young children who are drawn to the property by an attractive nuisance.

TIMELINE TO SUE

Indiana Code §34-11-2-4 states that a victim in a personal injury suit has two years to file a lawsuit. The clock stops when you realize you are injured.

What happens if you miss this deadline? A court will certainly dismiss the case, and you won’t be able to file again. For this reason, meet with a Columbia City slip and fall lawyer as soon as possible to discuss your legal options.

TYPES OF SLIP AND FALL HAZARDS

Our clients have slipped, tripped, and fallen because of many hazards:

• Ice or snow
• Spilled liquids
• Freshly-mopped or waxed floors
• Uneven floors
• Cracked pavement
• Litter
• Tree branches and leaves
• Threadbare carpets
• Poor or strong lighting
• Power cords crisscrossing the floor

Sometimes even the configuration of stairs can be a problem. If the steps are of uneven height, a person can slip or trip, tumbling all the way to the ground.

One key consideration is how careful you were. Some property owners allege that a person had their nose pressed to their phone or wore shoes with inadequate tread and are therefore partly to blame for their accidents. Indiana law does recognize contributory negligence as a defense. Generally, victims cannot sue if they were 51% to blame for the accident or more.

SPEAK WITH A COLUMBIA SLIP AND FALL LAWYER

Delventhal Law Office has helped many clients receive compensation following a slip, trip, and fall. Please contact us today by calling (260) 484-6655 to review your injuries and how much compensation you are likely to receive. Our consultations are free.