Slip and fall cases are categorized under premises liability cases because they involve fall accidents that occur on someone else’s property. The fall may be due to the negligence of the property owner such as low/faulty lighting, slippery floors, old/broken ramps, and ladders, e.t.c. It is the responsibility of property owners to ensure the safety of everyone who visits their establishment.
Therefore, property owners are advised to leave out a clear warning when there are potentially dangerous areas on site. This will serve to exonerate them from any accident claim that may come from the visitors.
Although they are the same at their core, some of the laws that guide slip and fall claims may vary from state to state. For instance, an Evansville slip and fall lawyer has to file a premises liability claim according to Indiana premises liability law. Furthermore, it is important to follow the right steps after a slip and fall accident in order to file a successful claim.
Treatment of Injuries
After any injury, especially in a personal injury case, the first thing you should do is to seek medical attention for any injury you’ve suffered for two main reasons. One, your health comes first no matter what, and two, it is important to have a certified doctor’s report to back your injury claims and the time of their occurrence. Without this, it will be easier for the accused party to refute your claims.
Hire a Slip and Fall Attorney
The next step is to hire a competent slip and fall attorney, this is usually determined by several factors such as years of experience, area of specialization, and win rate. Your attorney will examine your case including pieces of evidence, like the medical records, and let you know if you have a viable case to pursue or if it’ll be a waste of your time.
If your lawyer believes that there is indeed negligence, they will proceed to establish it and push for appropriate compensation from the guilty establishment owners. In Indiana, you may receive a compensatory damage fee that covers the medical fees, and other damages to your property, or you may receive a punitive damages fee that serves as a form of punishment to the guilty party. Depending on the outcome of the negotiations, you may have to fight for your deserved compensation in court. This only happens if the other party refuses to pay the required amount or if they believe they share no or partial blame for the accident.
It is important to note that if you share a small percentage of blame for the accident, your compensation will be affected. However, if you share 50% or more of the blame, there may be no compensation at all. In a slip and fall case, property owners are not liable if they have provided adequate warnings of the danger zones on their establishment (e.g. a “wet floor” sign), and if the dangers are not excessive or unavoidable.
In conclusion, the statute of limitation to file a slip and fall case in Indiana is two years. After which, you will no longer be able to hold the establishment owner liable for your injuries.