DELVENTHAL LAW
INJURED FROM A SLIP TRIP OR FALL?
Proprietors and property managers have a duty of care to keep their premises free obstructions or other potentially dangerous conditions that can result in injury to their customers. When they fail this duty of care they are liable for any injuries their customer suffers.
Each state has different laws regarding tort or personal injury litigation. They define the necessary conditions for pursuing a lawsuit against a negligent store owner, homeowner, or store manager. Generally speaking, these individuals carry liability insurance that pays out in the event that someone is injured on their property. Pursuing a claim against an insurance company is sometimes tricky.
Insurance companies are not enthusiastic about paying out claims. In fact, they have every incentive not to pay out your claim. Nonetheless, the law obligates them to do so.
While there is no shortage of personal injury attorneys in Indiana, not all personal injury attorneys are created equally. Delventhal Law Office will not simply settle your claim for a little more than the insurance company is offering, take a cut, and then be on to the next client. We will prepare your case to be trial ready. By doing so, we leverage the insurance company into a situation where they either agree to pay up or face a jury trial. Insurance companies do not like jury trials. They are costly and do not often go in their favor.
If you’ve been injured by another’s negligence, you need a law firm that will fight tooth and nail for every dime that you’re owed. Contact us today for a consultation on your case.
UNDERSTANDING INDIANA SLIP, TRIP, & FALL LAWS
In a slip and fall lawsuit, the plaintiff must prove negligence. In this case, negligence means that the store owners, managers, or the homeowner either knew or should have known that there was a dangerous condition. Instead of addressing the issue, the opted not to bother. As a result, someone was injured. They can also be held liable if they caused the dangerous condition.
The aforementioned scenario describes every slip and fall accident lawsuit ever filed.
INDIANA STATUTE OF LIMITATIONS
The statute of limitations defines the window of time in which an individual can file a lawsuit against a negligent party. In Indiana, that window is two years after the date of the accident. There are almost no conditions under which the court will allow a plaintiff to bring a lawsuit after two years have passed. Even when such conditions apply, it is still better to bring the lawsuit sooner rather than later.
UNDERSTANDING THE ROLE OF COMPARATIVE NEGLIGENCE IN SLIP & FALL ACCIDENTS
Slip and fall accident cases are typically very cut and dry. The obstruction was either there or it wasn’t. The individual responsible for the property either knew or should have known about it or they didn’t. However, the individual responsible for the property does have a defense that can limit their liability. They can blame you, at least in part, for the accident.
In Indiana, a defendant is not liable for any claim in which the plaintiff bore more responsibility for the accident than themselves. In other words, if you are found to be 51% responsible for the slip and fall, then you won’t be able to bring an action against the other party (Indiana Code Title 34. Civil Law and Procedure § 34-51-2-7).
If you are found to be less than 51% at fault, but the other party is not considered to be 100% at fault, the following will happen. You are awarded some amount of money in damages. As an example, let’s say you are awarded $10,000. Let’s say the defendant is 75% at-fault for the slip and fall accident. The defendant will be forced to pay 75% of the total award or $7,500.
COMMON SLIP AND FALL DEFENSE ARGUMENTS
The defense attorney or insurance company will likely argue one of the following defense:
- The dangerous condition was plainly obvious;
- The dangerous condition was in a restricted area of the property;
- The dangerous condition was cordoned off or the property owner put up signs or cones to warn customers.
The defense can also claim that:
- You were using your phone, or not paying sufficient attention;
- You were not wearing the proper footwear.
Any of these represent a likely defense for a slip and fall accident. Your attorney’s job, of course, is to rebut this argument and show that it is merely a pretense.
CONTACT A SLIP, TRIP & FALL ATTORNEY IN FORT WAYNE TODAY
The Fort Wayne slip, trip & fall attorneys at the Delventhal Law Office have managed numerous claims successfully for our clients. If you’ve been injured by another’s negligence, contact us for a free consultation.
The Indiana law that applies to your slip, trip, and fall case
Indiana's two-year personal-injury statute of limitations (IC 34-11-2-4[1]) controls almost every slip, trip, and fall claim arising on commercial or residential property in Allen County. The case turns on three pillars: the plaintiff's status as an invitee, whether the property owner had actual or constructive notice of the hazardous condition, and whether the hazard was the proximate cause of the fall. Indiana's 51% modified comparative-fault rule (IC 34-51-2-6[2]) bars recovery if more than half of the fault is allocated to the injured visitor, raising the stakes on early evidence collection.
How insurance carriers fight Fort Wayne slip, trip, and fall claims
Defense carriers in slip-and-fall litigation hammer four arguments. First, they attack notice timing — arguing the spill or hazard had only been present for minutes before the fall, not long enough to charge the owner with constructive notice. Second, they argue the visitor was distracted, on a cell phone, or not paying reasonable attention to where they were walking. Third, they argue the hazard was open and obvious, citing visible spill, contrast color, or warning cone placement. Fourth, they pull every prior orthopedic record to argue the hip fracture, wrist break, or back injury pre-existed the fall. We counter with sweep-log gaps, surveillance video, third-party witness statements, and falls-injury research published by the Centers for Disease Control and Prevention[3] documenting the medical severity older adults face in even modest-height falls.
Evidence we preserve in the first 48 hours
Slip-and-fall cases are won and lost in the first 72 hours, before the spill is mopped, the video is overwritten, and the witnesses scatter.
- Store-level surveillance video covering the 30 to 60 minutes preceding the fall, secured by preservation letter before the typical 30-day overwrite cycle.
- Hourly sweep-log entries and any work-order tickets for the specific aisle, restroom, or entryway where the fall occurred.
- Photographs of the hazard taken before cleanup — by responding paramedics, the visitor's phone, store employees, or other shoppers on scene.
- Names and contact information for every bystander witness, recorded by store staff or a private investigator within days of the incident.
- Emergency-room intake, x-ray and CT imaging, and the complete physical-therapy and orthopedic-follow-up record for the resulting injury.
Damages categories in an Indiana slip, trip, and fall case
Slip-and-fall damages divide into economic and non-economic recovery. Economic damages cover medical bills for emergency care, surgery, physical therapy, and assistive devices, plus lost wages and any permanent loss of earning capacity. Non-economic damages cover pain and suffering and loss of enjoyment of life. Falls remain the leading cause of nonfatal injury and emergency-department visits for older adults in the United States — data published by the Centers for Disease Control and Prevention[3] documents the long-term mortality and disability risk that drives the future-care portion of the damages calculation.
What our slip, trip, and fall clients ask most
How quickly should I report a fall to the property owner?
Immediate reporting is the single most important step. Ask the manager on duty to prepare a written incident report, request a copy, and photograph the hazard before anyone cleans it. Reporting fixes the location, time, and condition on the property's own records, which prevents the carrier from later disputing whether the fall happened on the premises at all.
Does it hurt my case if I did not go to the hospital that same day?
Delayed treatment makes the case harder but not impossible. Carriers argue any gap between the fall and the first medical visit proves the injury was minor or unrelated. Documented adrenaline response, embarrassment, or transportation issues can explain a short delay, but treatment within 24 to 72 hours is strongly preferred to keep the medical-causation chain intact.
What if the store says they have no record of my fall?
Missing or incomplete incident reports often support the case rather than defeat it. Indiana juries draw negative inferences from spoliation of evidence, and a property owner who cannot produce sweep logs, video footage, or a written report — when the visitor reported the fall in person — faces a significant credibility problem at trial.
How is Indiana comparative fault applied in a slip-and-fall case?
Indiana follows a 51% modified comparative-fault rule under IC 34-51-2-6[2]. The jury allocates a percentage of fault to each party. If the injured visitor is found 50% or less at fault, recovery is reduced by that percentage. If the visitor is found 51% or more at fault, recovery is barred entirely, which is why early evidence is so important.
Can I bring a claim if I fell on a residential property?
Residential premises claims are viable but follow a different framework than commercial cases. Homeowner-insurance policies typically include premises-liability coverage, but the duty owed depends on whether the injured guest was a social licensee or an invited business visitor. Slips on improperly maintained porches, steps, walkways, and decks are all within the standard policy.
What happens after you hire us
From the day we open the file, we send preservation letters demanding sweep logs, surveillance footage, and incident reports be held under litigation hold. We notify the property's carrier that all communications run through this office. We coordinate ongoing medical care, send a written demand once you reach maximum medical improvement, and — if the offer falls short of documented damages — file suit in Allen Superior Court or wherever venue is proper. Every step is on a contingency-fee basis: no fee unless we recover.
