The property owner is already writing a story about you. In their version of events, you were clumsy or simply not paying attention. They will use their internal reports and their control over the property to make their story the official one.
But the real story—the truth—is in the evidence they are hoping you never see. It’s on the security camera footage that is set to be erased. It’s in the maintenance log they will not volunteer. It is in the testimony of an employee who knows this has happened before.
To hold them accountable, you must prove their negligence with facts. Knowing the common evidence used in Indiana premises liability claims is the first step. More importantly, you need an advocate who can act immediately to preserve that evidence before the property owner can make it disappear forever.
This is not just a claim; it is a fight to make the truth matter.
The building blocks of your case
- A successful premises liability claim is built on objective evidence that proves the property owner knew, or should have known, about the dangerous condition that injured you.
- Physical evidence like security camera footage is often the most powerful proof of negligence, but it is frequently erased within days if not legally preserved by an attorney.
- The property owner’s own internal documents, such as maintenance logs and employee records, can become key evidence of their failure to keep the premises safe.
- The insurance company will use Indiana’s comparative fault law to blame you for your own injuries, making it essential to gather evidence that shows your actions were reasonable.
Proving Negligence: The Core of Your Claim
In the eyes of the law, an injury on someone else’s property does not automatically mean the owner is liable. Your legal team must use evidence to tell a clear and compelling story of negligence.
What you must prove in Indiana
To win a premises liability case, your attorney must use the evidence to establish four key elements. First, that the property owner owed you a duty of care to keep their property reasonably safe. Second, that they breached this duty by failing to fix or warn of a hazard. Third, that this failure directly caused your injuries. And fourth, that you suffered real damages as a result.
The property owner’s immediate advantage
The single biggest challenge in any slip and fall or premises liability case is that the property owner controls the scene of the injury. They have immediate access to the evidence. They can clean up the spill, repair the broken stair, or “lose” the security footage. This is why you cannot wait. You need an advocate to level the playing field immediately.
Physical and Photographic Evidence: Capturing the Scene
The physical environment where you were injured holds the most direct proof of the owner’s negligence. Capturing this evidence before it can be altered or destroyed is the most urgent task after an accident.
The power of photographs and video
If you are able, use your smartphone to take as many pictures and videos as possible immediately after your fall. Take wide shots of the entire area to show the location and lighting.
Then, take close-up shots of the specific hazard that caused you to fall, such as the puddle of water, the broken piece of pavement, or the icy patch. Capturing these details before they are changed is essential.
Preserving physical items
The shoes you were wearing are a key piece of evidence. The insurance company will claim your footwear was inappropriate. Place your shoes in a sealed bag and do not wear them again. If a defective product, like a collapsing chair, caused your injury, you must preserve that item without altering it.
Surveillance and security footage
Nearly every commercial property has security cameras. This footage can provide an indisputable video record of your fall and show exactly how long the hazard was present before you encountered it. A premises liability attorney acts immediately to preserve this powerful evidence.
A formal legal demand, called a spoliation letter, is the only way to stop a property owner from destroying evidence. This letter legally obligates them to save and protect all relevant materials.
An attorney’s preservation demand will specifically require the owner to save:
- All video footage from security cameras in the area for the 24 hours surrounding your fall.
- Any physical evidence, such as the substance you slipped on or the object that struck you.
- All incident reports, witness statements, and employee communications about the event.
- Maintenance records, inspection logs, and cleaning schedules for the area.
This legal action is the first and most important step to prevent the owner from covering their tracks and to secure the proof you need to win your case.
Documentary Evidence: The Paper Trail of Negligence
Beyond the physical scene, a trail of documents often reveals a property owner’s history of safety failures. Obtaining these internal records is not something you can do on your own. It requires the force of the legal system.
The official incident report
If you are injured on a commercial property, they will likely ask you to fill out an incident report. State the facts of what happened clearly and concisely, but do not apologize or accept any blame. Request a copy of the report before you leave. This document is the company’s official record of your injury.
Medical records and bills
Your medical records are the primary evidence of your injuries. They create a timeline that connects your physical harm directly to the date of the incident. It is vital to seek medical attention immediately after a fall and to be completely honest with your doctor about all of your symptoms.
Maintenance logs and safety records
Did the property owner know about the hazard? Their own internal documents often hold the answer. An attorney uses the legal discovery process to demand these records.
We can subpoena maintenance logs, cleaning schedules, and internal safety audits. This paper trail can prove that the owner was aware of a recurring problem, like a leaky freezer, but failed to fix it.
Human Evidence: The Power of Testimony
What people saw and what they know can be just as powerful as any video or document. Gathering statements from witnesses is a critical part of the investigation.
Eyewitness statements
If anyone saw you fall, ask for their name and phone number. A statement from an independent witness who saw the hazard or the fall itself can be incredibly persuasive. Their testimony can corroborate your version of events and defeat the owner’s attempts to blame you.
Employee testimony
Employees of the business can be powerful sources of information. They may know how long a spill was on the floor or if a particular area has been a known safety problem.
An attorney can formally interview or depose employees to get this information on the record.
Your own testimony and journal
You are the most important witness in your own case. Shortly after the incident, write down everything you remember. In the weeks and months that follow, keep a simple journal.
Document your pain levels, your medical appointments, and the ways your injuries are affecting your daily life. This journal becomes a powerful record of your suffering.
Using Evidence to Defeat Common Defenses
The property owner’s insurance company will use a standard playbook of defenses to deny your personal injury claim. A strong body of evidence is your best weapon to dismantle their arguments.
Countering the “open and obvious” defense
The insurer will often argue the hazard was “open and obvious” and that you should have seen and avoided it. Evidence can defeat this claim. Photos showing poor lighting, video showing the hazard was in a blind spot, or your own testimony that you were distracted by store signage can prove the hazard was not obvious at all.
Fighting unfair blame: Indiana’s comparative fault law
Indiana has a modified comparative fault rule (IC 34-51-2-6). Under this law, if you are found to be 51% or more at fault, you are barred from recovering any compensation. The insurer will do everything possible to shift blame to you. The evidence you gather is used to prove your actions were reasonable and that the owner’s negligence was the primary cause of your fall.
Don’t Rely on AI for Legal Evidence Strategy
An artificial intelligence program can list types of evidence, but it has no power to obtain them. It cannot send a spoliation letter, file a lawsuit, or subpoena a corporation for its safety records. Building a case is a human endeavor that requires the skill and authority of a qualified attorney.
FAQ for Indiana Premises Liability Evidence
What if the property owner cleaned up the hazard before I could take a picture?
This is a very common tactic. If this happens, an attorney’s immediate action is even more essential. We can send a preservation letter to demand any video footage and depose employees to get their testimony about what the hazard was and how long it was there before they cleaned it up.
Do I have to turn over my medical records to the property’s insurance company?
No, you should not sign a broad medical authorization for the insurer. They will use it to dig through your entire medical history to find anything they can use to blame a pre-existing condition. Your attorney will provide the insurer with only the relevant records related to the injuries from your fall.
What if there were no witnesses to my fall?
Many falls happen when people are alone. While witnesses are helpful, they are not required. A strong case can still be built using other evidence, like security footage, the owner’s own incident report, and expert testimony about how the hazardous condition created a foreseeable risk of injury.
Your Fight for Justice Starts with Preserving the Truth
The evidence of a property owner’s negligence is fragile. You have a limited window of time to protect it before it is lost forever. You do not have to let a careless corporation or property owner get away with causing you harm.
This is a battle you should not fight alone. At Yosha Law, we are your battle-tested allies. We know the tactics insurance companies use to hide and destroy evidence, and we know how to fight them. We have more jury verdicts than any other firm in Indiana because we prepare every case for trial from the outset.
If you were injured on someone else’s property in Indianapolis, Fort Wayne, Gary, or anywhere in Indiana, call us 24/7 at (317) 751-2856 for a free case evaluation. Let us act now to preserve the evidence you need. We don’t rest until justice is served.
