It is understandable to be confused concerning your legal rights after an injury due to a slip and fall. Many people assume that whenever these incidents occur on another’s property that the landowner is responsible. However, the law concerning slips and falls is far more complex.
Whether you are able to collect compensation for your losses depends on your reasons for being on the land and if you had permission to be there. Furthermore, a landowner is only responsible if you can prove that they knew or should have known about the danger before the incident. These can be difficult concepts to prove on your own.
This is where a Fort Wayne slip and fall lawyer may be able to help. An experienced attorney could take the necessary steps to investigate the events leading up to the fall and prove that a landowner was negligent in allowing the injury to occur. Once this is complete, they could measure the ways that the event has changed your life and demand appropriate compensation.
When Can Someone File a Slip and Fall Claim?
As a general rule, landowners have a duty under the law to protect people who enter their land from accidental injuries. Notably, this duty is not absolute. Not every injury that occurs on another’s land means that the owner is responsible. In fact, the burden lies on injured individuals to prove that a landowner must pay compensation for the resulting losses.
The first concept to consider is whether an injured person had permission to be on the land at the time of the fall. If they entered land without the owner’s permission or remained after being asked to leave, they are unlikely to be able to recover compensation after tripping and falling. It was only when an injured person had permission to be on the land that they may have a valid case.
Next, an injured individual must prove that the landowner was negligent in allowing the injury to occur. This can involve failing to clear spills in grocery store aisles, ice on entryways, or loose carpeting on stairs. If a landowner knew or should have known about these hazards and failed to correct them, the law says that they are liable for all resulting injuries. A Fort Wayne attorney could help to build potent cases against landowners after slip and fall injuries.
Compensation After Falling on Another’s Property
Slipping and falling can require immediate and comprehensive medical care. In some scenarios, they may even result in permanent physical limitations. A property owner that allows these injuries to occur must provide payments for all necessary past and future medical care.
Trip and falls can also change other aspects of a person’s life. Physical injuries are usually painful and can damage an individual’s emotional wellbeing. They may also force a person to miss time at work and devastate their financial health. Negligent landowners must provide reimbursement for these other losses in addition to paying for medical treatment.
A Fort Wayne trip and fall lawyer could take the lead in seeking out this compensation. However, be aware that it is necessary to act quickly. Indiana Code § 34-11-2-4 says that people have only two years after a fall to demand payment.
Contact a Fort Wayne Slip and Fall Attorney Today
Slips and falls are traumatic events that have the potential to change every part of your life. You could require extensive medical care and you may also lose out on substantial earnings or endure intense emotional anguish. Landowners who are negligent in allowing falls to happen on their property must provide the compensation that you need to set things right.
A Fort Wayne slip and fall lawyer could help you by gathering evidence and measuring your losses necessary to protect your legal rights. Reach out now to schedule a consultation.