The Short Answer
If you’ve been injured in a trip or slip and fall accident, it’s important to start gathering evidence as soon as possible. Work with an experienced premises liability attorney who can determine who is liable for the slip and fall accident and counter possible defenses that may be used to blame you for your injuries. To protect your rights, follow our 8 tips for what to do after a slip and fall accident.
Key Takeaways
- Slip and fall accidents are part of premises liability law, which states that property owners and occupants have a duty to maintain safe conditions for visitors and invitees.
- Numerous parties can be responsible for slip and fall injuries, including property owners, tenants, retailers, and maintenance personnel.
- To win a slip and fall case, you must prove that the defendant breached the duty of care by a preponderance of evidence.
- Indiana is a modified comparative fault state, so any compensation you recover can be reduced by your level of culpability if you were distracted or texting while walking, for example.
- You have 2 years to begin a slip and fall lawsuit from the date of the accident. If you’re suing the city or county, advance notice of a lawsuit must be provided within 6 months of the injury.
Table of Contents
- 8 Steps to Take After a Slip and Fall Accident
- How to Win a Slip and Fall Case
- Defenses and Other Considerations in Slip and Falls
- Who Is Liable in a Slip and Fall Accident?
- How Long After a Slip and Fall Can You Sue?
- Slip and Fall Accident FAQs
- Get a Free Case Review With a Slip and Fall Lawyer Today
- Related Articles & Info
8 Steps to Take After a Slip and Fall Accident
If you’ve been injured in a slip and fall accident, you’re probably focused on getting back on your feet, whether that means returning to work or making a full recovery. However, it’s never too soon to start thinking about building a case to recover the compensation you deserve. Here are a few tips so that you know what to do after a slip and fall accident.
- Seek Medical Attention: First and foremost, seek medical attention immediately after the accident, even if your injuries don’t seem severe. Let your healthcare provider know how the accident happened.
- Document the Scene: Take photos or videos to document your injuries and the scene of the accident. If possible, document conditions before the hazard is cleaned or repaired. Make a note of the time of the accident, conditions, and what you were wearing, including footwear.
- Identify Witnesses: If possible, collect contact information from anyone who witnessed the accident or dangerous condition. Get the person’s name, phone number, and a list of what they saw. Employee statements can also help.
- Report the Incident: Alert the tenant or property owner to ensure that an accident report is filed. Request a copy of the report. If the fall happened at a business, make sure the accident was reported to the company’s insurance carrier.
- Gather Evidence: Keep copies of all records related to the accident, including medical bills, treatment records, prescriptions, and pay stubs documenting time off work. Keep a journal documenting symptoms, pain levels, and daily activities.
- Contact a Premises Liability Lawyer: Don’t hesitate to consult a qualified premises liability attorney, especially if your case involves a government agency or large company. An attorney can provide legal advice and explain the best way to proceed.
- Limit Communication: Be careful when discussing the accident. Avoid giving recorded statements to the insurance company without a lawyer. Don’t post about the accident on social media.
- Know Your Deadlines: You have a limited amount of time to bring a lawsuit against a company or government entity. Communicate with your lawyer to avoid missing any deadlines.
How to Win a Slip and Fall Case
To win your slip and fall case, you must establish 4 different elements proving that the property owner or another defendant was responsible for creating or failing to fix the hazard or neglecting to warn the public.
1. Duty of Care
Property owners have a duty to maintain safe premises or warn visitors of potential dangers. Invitees who are on the property for business purposes are owed the highest duty of care. Friends and casual visitors, called licensees, should be warned of potential hazards.
2. Breach of Duty
Next, you must show that the defendant breached their duty by failing to fix the hazard or warn the public. Typically, this means that you need to prove a hazard existed, such as a spill, pothole, or ripped carpet. You must also show that the defendant knew or should have known about this dangerous condition.
3. Causation
You must show that the injury occurred as a direct result of the defendant’s breach. In other words, you would not have been injured if the defendant had not violated the duty of care by ignoring the hazard.
4. Damages
The 4th element requires you to prove that you experienced physical or financial damages as a result of the fall, such as medical bills, lost wages, property damage, or permanent disabilities.
Defenses and Other Considerations in Slip and Falls
Among slip and fall cases that go to trial, requested damages are reduced about 40% of the time. This is due to modified comparative negligence laws. In Indiana, the plaintiff must be less than 51% at fault for an accident to recover compensation. Additionally, damages can be reduced by your level of responsibility. These are a few of the most common defenses that slip and fall plaintiffs must overcome.
- Assumption of Risk: With the assumption of risk defense, the property owner is saying that visitors should have known of the possible dangers. In this case, the plaintiff must show that the condition was unreasonably dangerous or that they were not aware of the possible risks.
- Lack of Knowledge: Property owners frequently try to claim that they weren’t aware of the hazard or didn’t have time to fix the dangerous condition. Surveillance footage, maintenance logs, and employee statements can help to prove that the condition was discovered before the accident.
- Open and Obvious Doctrine: If the hazard was visible to passersby, the defendant may avoid some or all liability. However, lighting and other conditions can affect how easy the hazard was to see. For example, clear liquid spills can be difficult to detect.
Should I Get a Lawyer for a Slip and Fall?
Even if you did everything right, you should still get a lawyer to help with your slip and fall case. Property owners have ample insurance, and major retailers may have large legal teams to fight slip and fall claims. Whether you’re dealing with the insurance company or are ready to begin a lawsuit, it pays to work with a qualified Indiana attorney who handles premises liability cases. A lawyer can help you establish a strong case in several ways, including:
- Investigating the facts of the accident
- Identifying and challenging potential defenses
- Valuing medical bills and subjective damages
- Facilitating settlement negotiations
- Maximizing recoverable compensation
- Following deadlines and filing procedures
- Providing support and advice
- Answering your questions
Who Is Liable in a Slip and Fall Accident?
Numerous parties can be responsible for a trip or slip and fall accident depending on where the fall occurred and who controls the property. Your attorney can investigate the cause of the injury and work to determine who is responsible for maintaining that part of the property. The following parties may be liable depending on the circumstances of your fall.
- Property owners
- Residential or commercial tenants
- Construction contractors
- Maintenance personnel
- Government agencies
- Janitorial staff
- Third-parties
How Long After a Slip and Fall Can You Sue?
You have 2 years from the date of the slip and fall accident to begin a lawsuit per Indiana Code § 34-11-2-4. If you were injured on government property, you must submit a Notice of Tort Claim alerting the entity of your intent to sue within 180 days (city/county) or 270 days (state). For minors, the 2-year statute of limitations is paused until their 18th birthday. There are very few exceptions to the statute of limitations, so it’s important to consult an attorney quickly while the facts are still fresh in your mind.
Slip and Fall Accident FAQs
If you slipped or tripped and fell at work, you’ll most likely need to submit a workers’ compensation insurance claim through your employer. Falls due to obstructions and slick surfaces are among the most common workplace injuries. They account for about 20% of nonfatal workplace injuries. If you fell during the normal course of your job, your employer may be required to pay for your medical bills and a portion of your lost wages.
For more information about starting a workers’ compensation claim, see our article What You Need to Do If You Are Hurt on the Job in Indiana
Only about 5% of personal injury cases end up going to trial. The vast majority of premises liability lawsuits are settled out of court before the case is presented to a judge or jury. Your slip and fall case is more likely to proceed to trial if liability is disputed or the defendant does not agree to your settlement terms. An attorney can provide more information based on the facts of your case.
Filing for Chapter 7 or Chapter 13 bankruptcy protection can have a significant impact on how your slip and fall settlement is distributed. You must disclose your settlement when documenting your property and assets. All or part of the money can be used to repay your creditors, although Indiana does have some wildcard exemptions to prevent you from giving up all your belongings. Speak with your personal injury attorney or bankruptcy lawyer to determine the best way to proceed.
Filing for divorce may affect the distribution of your injury settlement, depending on whether the injury occurred during your marriage. Compensation for medical expenses and lost wages is considered marital property in most cases and is subject to equitable distribution. Pain and suffering and damages for emotional trauma are typically awarded to the person who was injured. An attorney can provide specifics based on your situation.
Yes, you can sue if you were injured on property controlled by the local, state, or federal government. Government entities control a variety of locations where slip and fall accidents can occur, including schools, buses, parks, and offices. However, claims against the city or county are subject to shorter deadlines, and you must provide advance notice of your intent to sue. Contact an attorney as soon as possible and let us help, because initial deadlines may be as short as 180 days.
Get a Free Case Review With a Slip and Fall Lawyer Today
If you were injured in a slip and fall accident, you need an attorney who understands local laws and knows how to gather the evidence needed to win your case. The Ken Nunn Law Office has been protecting injury victims in Indiana since 1967. Our team knows what it takes to get you the best settlement possible, and we aren’t afraid to take on big-box stores, restaurant chains, or government agencies in court. To see if you’re entitled to compensation, request a free case review, or contact our law offices in Bloomington or Indianapolis.
Related Articles & Info
- The Five Most Common Types of Slip and Fall Injuries
- Will My Homeowner’s Insurance Cover A Slip and Fall Injury on my Property?
- What Are My Legal Options If I Had A Slip & Fall Accident on a Sidewalk
- What Are My Legal Options If I Had A Slip & Fall Accident At My Apartment Complex?
- Am I Eligible to File A Personal Injury Lawsuit If I Slipped on Ice?
