Slip and fall incidents are part of everyday life and can take you off guard. When you are on another person’s property, you place trust in them to ensure your safety. You could hold a property owner or manager liable for your injuries resulting from a slip and fall on their property. Under well-established Indiana law, a landowner or business owner holds the duty of maintaining safe and unhazardous conditions on its premises.
When pursuing a personal injury claim against a property owner or property manager, you should contact an Indianapolis slip and fall lawyer as soon as possible following the incident. A seasoned personal injury attorney could help you build a successful case against the defendant and fight to obtain fair and adequate compensation on your behalf. The person responsible for your injuries should be held accountable, and a seasoned trial lawyer can help with holding a wrongdoer accountable.
Establishing Liability For Slip and Fall Accidents
The plaintiff must prove the property owner or manager acted negligently to recover for a negligently induced slip and fall. The owner or managers owe their guest a duty to keep the premises in a safe condition, so no harm comes to visitors. A breach of this duty amounts to an act of negligence committed by the premise owner or property owner.
To recover damages, the breach of duty must cause the plaintiff’s injuries. A plaintiff with a pre-existing condition may have difficulty establishing a direct connection. An experienced Indianapolis attorney could help the plaintiff establish their right to damages in their slip and fall case.
Notice of a Dangerous Condition
Notice is the key element for establishing the owner or manager breached their duty to keep the premises safe. The manager must have known of the condition and had time to remedy it before the incident occurred. There are two types of notice, actual and constructive.
Actual notice arises when the owner or manager had direct knowledge of the dangerous condition. When an owner or manager has direct notice of a condition, they must remedy the dangerous condition to ensure their premise is safe.
Constructive notice is more difficult to establish as the plaintiff must establish the owner or manager should have known about the dangerous condition. Generally, this is dictated by the amount of time a condition existed before the slip and fall. The longer the condition existed, the easier it is to prove the owner should have discovered and remedied the condition.
Constructive notice exists when the condition is discoverable through a reasonable search. Given the difficulty of establishing constructive notice in a slip and fall accident, the plaintiff could hire an Indianapolis attorney to help.
Comparative Negligence In Slip and Falls
Once the defendants’ liability is established, the plaintiff could have their recovery reduced for their fault in the incident. Under Indiana Code § 34-51-2-6, if the plaintiff’s negligence is greater than the defendant’s, they are barred from recovery. An experienced attorney in Indianapolis could help the plaintiff avoid comparative negligence in their slip and fall lawsuit.
A defendant could establish the plaintiff’s negligence by demonstrating they failed to act responsibly. Actions that that are potentially irresponsible include:
- Not paying attention
- Failed to abide by warning signs
- Wearing inappropriate footwear
- The dangerous condition was visible
Contact an Attorney in Indianapolis For Your Slip and Fall Lawsuit
If an owner’s lack of care caused your injury, do not wait to hold them responsible. You should meet with an Indianapolis slip and fall lawyer to begin your lawsuit shortly after the incident. Our attorneys have decades of experience handling slip and fall cases. Our firm has successfully handled hundreds of unfortunate slip and fall incidents.
Experienced trial lawyers understand the dynamics of a lawsuit and can help your case in the best way possible. Do not relinquish your right to a potential recovery for your injuries caused by a slip and fall. Call us today to schedule a consultation.