What should I do after a slip and fall accident?
Seek medical attention immediately, report the incident to the property owner or manager, photograph the dangerous condition if possible, obtain witness information, and preserve any evidence related to the accident. Prompt action can help protect your health and your legal rights.
Can I recover compensation if I slipped and fell on someone else's property?
Possibly. Property owners have a duty to maintain reasonably safe premises for lawful visitors. If a dangerous condition caused your injury and the property owner knew or should have known about it, you may have a premises liability claim.
What is a premises liability claim?
A premises liability claim is a legal action arising from injuries caused by unsafe conditions on someone else's property. Common examples include wet floors, broken stairs, uneven sidewalks, poor lighting, and dangerous parking lots.
How do I prove the property owner was negligent?
Generally, you must show that:
- A dangerous condition existed;
- The property owner knew or should have known about the condition;
- The owner failed to correct or warn about the danger; and
- The dangerous condition caused your injury.
What types of injuries are common in slip and fall accidents?
Slip and fall accidents can cause:
- Broken bones
- Hip fractures
- Back injuries
- Neck injuries
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Shoulder and knee injuries
What compensation may be available?
Depending on the circumstances, compensation may be available for:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Permanent impairment
- Disability
What if the property owner claims the hazard was obvious?
Property owners and insurance companies often argue that a dangerous condition was "open and obvious." Whether that defense applies depends on the facts of the case. An attorney can evaluate how Indiana law applies to your specific situation.
Can I recover compensation if I was partially at fault?
Indiana follows a modified comparative fault system. In some situations, an injured person may still recover compensation even if they were partially responsible for the accident. However, the amount recovered may be reduced by the percentage of fault assigned to them.
How long do I have to file a slip and fall lawsuit in Indiana?
Deadlines vary depending on the circumstances of the claim and the parties involved. It is important to consult an attorney as soon as possible to avoid losing important legal rights.
Should I speak with the insurance company?
You should be cautious when communicating with insurance adjusters. Statements made shortly after an accident can be used to challenge or reduce a claim. Before providing a recorded statement, it may be beneficial to speak with an attorney.
Do I need a lawyer for a slip and fall claim?
Not every case requires an attorney, but serious injury claims often involve complex legal and insurance issues. An experienced premises liability attorney can investigate the accident, preserve evidence, evaluate damages, and negotiate with insurance companies on your behalf.
Contact Doane Law Office
If you have been injured in a slip and fall accident in New Albany, Jeffersonville, Floyd County, Clark County, or elsewhere in Southern Indiana, contact Doane Law Office for a free consultation.
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There is no attorney fee unless compensation is recovered on your behalf.