If you ask someone to name accidents that cause serious injuries, they are quick to name car accidents, bike wrecks, and even medical malpractice. But slip and fall accidents are frequently overlooked as a cause of major injuries.
Slip and fall incidents can result in injuries like fractures, traumatic brain injuries (TBIs), spinal cord damage, and in serious cases, even fatalities. These accidents are even riskier for older adults or people with disabilities,
In addition to injuries, the financial burden of medical treatments, rehabilitation, and lost wages can add up to the point that it feels insurmountable. Many victims of these accidents are left unable to work, engage in daily activities, or enjoy their lives the way they did before the fall.
If you were injured in a slip and fall accident in Indiana, we want to make sure that you know your rights.
Indiana slip and fall facts
A slip and fall accident occurs when an individual sustains an injury (or injuries) from slipping, tripping, or falling while on another person or entity’s property.
- According to the CDC, there were more than 38,000 all-related deaths in 2021 in adults aged 65 and older. That means it is the leading cause of death by injury in that age range.
- Also in 2021, more than 3 million older adults visited emergency departments because of fall injuries.
- In Indiana, people 65 years and older account for 82.1% of fall-related deaths.
- Additionally, they account for 71.8% of nonfatal fall hospitalizations in the state.
- Most fall-related injuries happen at the ground level, rather than falling from a higher level, like down a set of stairs or off of a ledge.
- After a slip and fall, you have exactly 2 years to file a personal injury claim.
At Yosha Law Firm, we represent victims who have fallen on Indiana properties no matter their age. That’s because falls can also injure children, teenagers, young adults, and adults of all ages.
Understanding Indiana’s premises liability rules
Indiana slip and fall accidents are governed by premises liability statutes. This means that property owners (as well as managers) are responsible for any accidents and injuries on their property.
Property owners have a “duty of care” to everyone on their property, including employees, customers, guests, and other visitors. This duty of care means that they must:
- provide a safe environment
- address known safety risks
- notify people of any safety hazards
Importantly, trespassers are not in the same category as other permitted guests. A property owner is prohibited from intentionally causing harm to a trespasser, but premises liability does not require properties to protect trespassers from unintentional injuries from slip and falls.
What safety hazards do property owners have to fix?
To prevent injuries like those caused by a fall, property owners have an obligation to address known safety hazards on their property, both indoors and outside.
They must address problems like these:
- Ice and snow on sidewalks and parking lots
- Spills that cause slippery conditions
- Hazardous materials that visitors have access to
- Clutter
- Obstacles in walkways
- Fallen trees or limbs
- Inadequate interior or exterior lighting
- Unrestrained animals
- Broken equipment
In some circumstances, property owners may need to provide security at their facility, if there is a high risk of crime that they need to manage. For example, a large concert venue that fails to provide security opens itself up to lawsuits because of a lack of safety precautions to address the potential for crowds, crime, intoxicated behavior, and other issues.
In short, property owners are responsible for protecting people from slipping and falling on their property, both indoors and outside.
What hazards cause slip and falls?
Let’s go a bit further and explore the kinds of safety hazards that often cause slip and fall accidents.
Anyone can trip or slip on these, but the effects are especially catastrophic for older people:
- Wet floors
- Cluttered walkways
- Worn or damaged flooring
- Cracked or broken pavement
- Uneven surfaces
- Spilled liquids or grease
- Loose carpeting or rugs
- Damaged stairs or handrails
- Weather hazards like ice, snow, rain
- Unsafe ladders or stools
- Missing or uneven mats
Poor lighting and a lack of warning signs for unsafe conditions may also contribute to an accident.
Which property owners have a duty of care to protect people from slip and falls?
Every property owner is responsible for keeping their property safe for any visitors.
This includes:
- Stores and shops
- Arenas and sports facilities
- Schools and universities
- Apartment complexes
- Restaurants and bars
- Hospitals and medical facilities
- Commercial office spaces
- Places of worship
- Parking garages
- Hotels and resorts
- Nursing homes
- Entertainment venues
- Private homes
What to do if you were injured in a slip and fall accident in Indiana
After a slip and fall accident, there are three main things you need to do:
- Seek medical attention
- Notify the property owner of the fall
- Speak with a slip and fall attorney to determine if your case requires filing a personal injury claim
Seek medical attention
It is crucial to seek medical attention because you need to know exactly what injuries you suffered in the fall. Because of shock and adrenaline, you may not feel some injuries right away.
Keep a copy of all of your medical records and bills so that you can use those documents as evidence if you decide to file a slip and fall claim.
Notify the property owner of your fall
If you fell while at work, you will need to document the event and any resulting injuries with your employer. There should be an official form for workplace injuries. Workplace falls are covered by your employer and its workers’ compensation protection program.
If you fell on government or commercial property, contact management and request their standardized form for reporting accidents and related injuries. You may be offered these forms automatically by management, but if not, you may ask for them immediately.
If a property does not have a form for you to fill out, document your fall in writing and provide them with the details anyway. All of these forms and communication items can be evidence later.
Speak with a slip-and-fall attorney
Consulting a qualified slip and fall attorney will help you maximize your compensation. Costs from a slip and fall can be expensive, because your injuries may require months or even years of recovery. Unfortunately, some fall victims may never fully recover from their injuries.
At Yosha Law Firm, our attorneys know the ins and outs of premises liability law, slip and fall negligence, and personal injury claims. Pursuing fair compensation on your own can be challenging, but with the proper support of an experienced attorney, someone else can fight for your rights.
Benefits of hiring an Indiana slip and fall attorney
There are many benefits to working with a Indiana slip and fall attorney. In addition to how much they know about Indiana’s negligence laws, your attorney can help you with:
- Meeting all the required deadlines
- Estimating the true value of your claim
- Following all of the proper court procedures
- Collecting strong evidence for your claim
- Understanding legal terminology related to your case
- Negotiate with the responsible parties
- Finding eyewitnesses and expert witnesses
Yosha Law: Your trusted Indiana slip and fall attorney
Anyone who has been injured in a slip and fall accident in Indiana can turn to the compassionate, knowledgeable experts at Yosha Law Firm.
We are committed to providing each and every client with support, knowledge, and advocacy. We fight tirelessly to protect your rights and help you regain what you lost in your accident.
Contact us for a free case review, where we will review the facts of your case and get to know you. We know that the long-term effects of a slip and fall accident can be painful, expensive, and difficult to overcome. We want to make your recovery as easy as possible. Instead of worrying about the financial burden of medical costs, lost wages, and a new way of life, you should have the compensation you deserve.
To schedule a complimentary consultation with a member of our legal team contact our office today.
