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Slip Trip & Fall Liability Attorney Fort Wayne

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.

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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.

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At the Delventhal Law office, our Fort Wayne personal injury attorneys are committed to fighting for the rights and interests of accident victims. If you or a family member was injured because of the carelessness or recklessness of another party, we can help. Our Indiana personal injury lawyers handle a wide array of legal cases, including:

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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.