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According to the National Safety Council, falling accidents are the second leading cause of unintentional injury-related death in the United States. Even in non-fatal cases, a slip and fall accident can cause serious, life-threatening injuries. Many accident victims sustain broken bones, dislocations, and traumatic head injuries that require extensive (and expensive) medical care.

While slip and fall accidents can occur anywhere at any time, many of these serious injuries occur while the victim is on another person’s property. Depending on the facts and circumstances of the accident, the property owner may be responsible under Indiana law for the victim’s injuries. The South Bend slip & fall lawyers at Deventhal Law Office can review your case, advise you of your rights, and represent you in taking legal action to secure your right to compensation.

The Basics of a Slip & Fall Case in Fort Bend, Indiana

Just because your slip and fall accident occurred on someone else’s property, that does not automatically entitle you to compensation. You need to prove the owner was negligent. That includes establishing all of the following elements:

• The property owner owed you a duty of care under Indiana law.
• The property owner breached or failed to meet that duty of care.
• Your slip and fall accident was a result of the owner’s breach or failure.
• You sustained injuries or other compensable losses as a consequence of the accident.

The actual duty of care owed to you by a property owner depends on your legal status at the time of your slip and fall accident. Broadly speaking, if you are on someone’s property, you fall into one of the following three categories:

• Invitees: An invitee enters the property by the owner’s express or implied invitation. Generally, if you are visiting a business open to the public during normal operating hours, you are an invitee of the owner. Under Indiana law, an owner owes the highest duty of care to such invitees.
• Licensee: A licensee enters the property with the owner’s permission, but unlike an invitee, a licensee is there for their own purposes. For instance, if a property owner allows you on their land to fish, you are a licensee. Indiana law imposes a lower duty of care on property owners with respect to invitees than licensees.
• Trespasser: A trespasser is someone who enters or remains on the property without the owner’s permission. In most cases, an owner only has a duty of care not to engage in “willful or wanton” conduct to injure a trespasser. There is an exception, however, for young children who may trespass on a property that lacks adequate safety protections, such as a fence to keep them out.

Dangerous Conditions

Proving negligence in an Indiana slip and fall case means showing your accident was the result of a dangerous condition on the property that the owner knew about, or should have discovered through due diligence, and failed to correct on time. Some common examples of such dangerous conditions include:

• Puddles of water or other liquids in aisles.
• Snowy or icy walkways at entrances or in parking lots.
• Torn or unsecured rugs or carpeting.
• Merchandise or product displays are blocking an aisle.
• Missing or broken railings or handrails in staircases.

Even if there is no proof that the owner had actual knowledge of a dangerous condition beforehand, they can still be held liable for a slip and fall accident if the victim can prove “constructive knowledge.” A common way to do this is to show that the property owner, particularly when it is a commercial store, has failed to implement or follow proper procedures for regularly inspecting public areas for possible dangerous conditions.

Demanding Compensation in a South Bend Slip & Fall Case

Indiana personal injury laws allow a victim in a slip and fall case to seek both economic and non-economic compensatory damages against a negligent property owner. Economic damages cover your medical bills, loss of income, and other out-of-pocket expenses related to your accident. Non-economic damages cover your pain and suffering, emotional distress, and the long-term effects of living with a disability, among other losses.

Make One Call. Delventhal Law

Slip and fall cases are often complicated by the fact that the defendants are well-funded corporations used to dealing with such claims. Accident victims are usually at a disadvantage in this context. But you can help to level the playing field by working with an experienced South Bend slip and fall lawyer.

Contact Develenthal Law Office today to schedule a free initial consultation.