Gibson County Fort Branch Slip and Fall attorneys

• Slip and Fall
• Structural Defects
• Property Owners Duty
• If You Slip and Fall
• Slip and Fall Links
• Sitemap
• Resource Links

• General Practice
• Criminal Defense
• Custody Divorce Family Paternity
• DUI OWI Traffic Tickets
• P I Accident Wrongful Death
• Blogs

"Slip and fall" is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else's property. Inside a building, dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor can cause you to slip and hurt yourself. Outside a building, you may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard to see pothole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility (duty of care) to make sure an environment is safe.

Slip and fall accidents are the most common type of "premises liability" cases, which center on the question of a property owner's duty to care for the property. Injury by fire or other accidents resulting from defects in the conditions of buildings also fall under this category.

Slip and fall cases are governed under negligence law. To win a premises liability claim, an injured victim has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and had it removed or repaired. Burrell v. Meads, 569 N.E.2d 637 (1991). This can often be difficult to prove, since proving when a given hazard first appeared can be challenging.

Example: If you slip and fall on a banana in a grocery store, absent some evidence of when the banana first fell onto the floor, it may be difficult to prove that the store "knew or should have known" about the dangerous condition. If the banana fell onto the floor ten seconds before you arrived, then the store most likely could not have known about it. Since Plaintiff’s have the burden of proof, proving when the hazard first appeared and that the store should have known about the hazard presents problems in certain cases.

Weather-related accidents

Weather-related slip and fall accidents are difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include, but is not limited to, shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps. As with other cases, if the landowner has no reasonable opportunity to correct the problem, as where a flash flood has created a hazard, the landowner will not held liable for injuries caused by the hazard.

Comparative Negligence

In slip and fall cases, as with all other negligence claims, comparative negligence applies. I.C. 34-51-2-5. 34-51-2-6. As a guest on someone else’s property, you are expected to exercise reasonable judgment and caution.

Example: You fall while walking down the stairs at a hotel, sustaining serious injuries. A jury finds that the property owner had been warned about the trouble spot weeks ago and failed to correct it, however, the jury also finds that you were reading the newspaper while you walked down the stairs and your inattention contributed to causing the accident. If the jury finds you 50 percent at fault and the defendant 50 percent at fault, the defendant would have to pay you only one half of the total damages found to be incurred by you.

If you or a loved one has been injured in a slip and fall accident, call Law Offices of Tony Zirkle now don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

Lawfirm@worldwideattorney.com

317.572.7717 Bloomington
317.572.7717 Carmel
317.572.7717 Crown Point
317.572.7717 Elkhart
317.572.7717 Fort Wayne
317.572.7717 Gary
317.572.7717 Hammond
317.572.7717 Indianapolis
317.572.7717 Kokomo
317.572.7717 Merrillville
317.572.7717 Mishawaka
317.572.7717 Muster
317.572.7717 South Bend
317.572.7717 Valparaiso
317.572.7717 West Lafayette

Nominal Damages as Injury Compensation
Nominal damages are small token awards given when the judge or jury finds the defendant has technically committed a tort, but the plaintiff did not suffer any harm as a result. Usually, nominal damages consist, as the name suggests, of a mere nominal amount of money such as $1 or $10. If you or a [...]

Compensatory Damages in a Personal Injury Claim
Compensatory damages are the most common form of monetary award in successful personal injury lawsuits. This is true because most personal injury lawsuits are based on negligence. As a general rule, plaintiffs in simple negligence cases may recover only compensatory damages. Compensatory damages are monetary payments intended to make the plaintiff “whole.” That is, they [...]

Slips and Falls (Causes)
Many people each day, especially those that are elderly, suffer slips and falls and these people include the residents of Indianapolis. It is unfortunate that these incidents and accidents occur and that personal injuries may happen, but it is important to know what you or your loved one can do if it does happen to [...]

Bodychecking Increases The Risk Of Injury And Concussion In Peewee Hockey
A report from the THE CANADIAN PRESS EXPLAINS THAT Bodychecking more than triples the risk of injury and concussion in peewee hockey, according to a study conducted by the University of Calgary. If you have a child with an sports injury, contact our Indiana personal injury lawyers now! Researchers compared rates of injury between peewee [...]