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How does an Indianan establish fault in a slip-and-fall case?

Posted by Ken Doane | Apr 08, 2016 | 0 Comments

There are many ways that an Indianan might slip and fall on another's property. Whether due to a wet floor or lack of repair, there may be hazardous conditions that are not readily visible to an Indianan that lead to a dangerous fall. When an Indiana resident is injured in a slip-and-fall accident, he or she may choose to pursue a personal injury lawsuit to recover damages from the negligent property owner. It can be helpful for the victim of a slip-and-fall accident to understand how a court will determine that someone else is legally responsible for the victim's injuries.

Typically, a slip-and-fall case will revolve around what kind of visitor the person was, and whether the property owner acted in such a manner that a person was likely to fall. It may also matter whether the victim acted carelessly in not avoiding the condition that contributed to the fall.

Premises liability cases stemming from slip-and-fall accidents will often involve whether the condition that caused the accident was dangerous, and, if so, whether the property owner knew about the condition. To determine whether a property owner knew about the hazardous condition, a plaintiff will need to establish one of three things: either that the owner created the condition, that he or she knew about the existence of the condition and failed to fix it, or that the owner should have known about the condition, and fixed it, due to the dangerous condition having existed openly for a long time.

Furthermore, once it is established that a property owner knew about a dangerous condition, a plaintiff must prove that it was foreseeable that the property owner's negligence with regards to the dangerous condition would lead to a person slipping and falling.

A person who has been injured in a slip-and-fall accident may have many questions. Premises liability cases are not always clear-cut and an attorney may be able to offer counsel regarding the particular details surrounding a person's slip-and-fall accident.

Source: FindLaw, "Slip and Fall Accidents Overview," accessed April 1, 2016

About the Author

Ken Doane

Ken is an experienced personal injury attorney and practices in southern Indiana and the metro Louisville area. Ken and his team handle every aspect of his clients' cases from pre-suit settlement negotiations through jury trial and appeal, if necessary. He has practiced for over 22 years and has ...

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