Slip and Fall / Premises Liability

Stewart & Stewart Injury Lawyers

Premises liability cases involve injuries received while on someone else’s property. Property owners and businesses have a duty to maintain a safe property for customers, pedestrians and other visitors and effectively warn them of possible dangers. These types of cases most often involve slip and fall accidents: when a defective condition, foreign substance, or object causes a fall, you need a Indiana slip and fall lawyer.

When a visitor to a property suffers a preventable injury, the law of premises liability determines the responsibility of the property owner or manager; the law applies both to residences and places of business. The key to Indiana slip and fall accident cases is to prove that the property owner or manager was negligent and your injury resulted from their negligence. A premises liability injury lawyer at Stewart & Stewart can help you get the money you deserve.

What are examples of premises liability?
The following injurious situations are examples of premises liability:

• Slip-and-falls caused by slippery floors or standing water, ice, or snow

• Trip-and-falls caused by damaged or uneven walkways, slippery stairs, or poor upkeep

• Inadequate security (lights, surveillance) resulting in a preventable assault by a third party

• Construction site injuries, particularly those involving persons other than workers

• Pool drownings

• Falling trees

• Products falling off of shelves at a store

How do you prove negligence?
Proving negligence is the key in your Indiana premises liability case, but it can be difficult. One reason is that a property owner might make quick repairs before you even file a claim. If possible, take photographs of the accident scene and your injuries, and write down the names and addresses of any eyewitnesses.

A property owner is not responsible simply because someone was injured on his or her property. The property owner has to be proven negligent. The owner of the property must pay for losses caused by the dangerous condition of the property if the injured person can prove:

1. The condition of the property was dangerous.

2. The owner knew, or should have known, about the dangerous condition.

3. The owner had a reasonable opportunity to correct or warn of the condition, which was not reasonably open and obvious to the injured party at the time of the accident.

What duty of care does the owner have?
The owner’s duty of care depends on the victim’s status on that property. The victim could have been a:

• Business invitee who is there for the mutual economic growth of both parties
• Social visitor who is there by invite and not for the owner’s economic growth
• Illegal trespasser who is on the premises without permission

Generally, the property owner owes the highest duty of care to the business invitee, and the lowest to the trespasser.

What kind of compensation can I expect for my injuries?
If you are injured because a property owner or a business establishment fails to provide a safe environment, you have a right to bring a claim for your pain and suffering, medical expenses and lost wages:

• Pain and Suffering – Pain and suffering are real and measurable. The law and most insurance companies grade pain as severe, moderate, slight or minimal, as well as periodic or chronic. Expected future pain can greatly increase a claim for damages. Suffering can include depression, changes in lifestyle, anxiety, or even relationship troubles after an injury. No dollar amount can erase pain and suffering, but you deserve compensation.

• Expenses – You should receive compensation for all reasonable expenses you have paid as a result of the accident, as well as future expenses. This includes medical bills, transportation, help in taking care of your family members, and other household help.

• Lost Wages – You should receive compensation for any loss of wages you suffer as a result of your accident, as well as any future income loss. Additionally, you should be compensated for a loss of earning capacity, such as a permanent disability that restricts your competitiveness in the job market. Our firm is very skilled at recognizing the different types of income losses.

A hypothetical example of a premises liability case could be as follows: you are at a grocery store late in the day, having arrived there after work to pick up a few ingredients before going home to prepare dinner. While walking down one of the aisles your feet fly out from under you. It turns out there was a spill there thirty or so minutes before but the store had failed to clean the spill up or put out a sign warning of the wet floor. Unfortunately, you hurt your back when falling and have to make several visits to a chiropractor and miss work because you were in severe pain. This is an excellent example of when you need to call an Indiana slip and fall lawyer at Stewart & Stewart Injury Lawyers.

What should I do if I’ve been injured?
Many factors are involved in resolving an Indiana slip and fall accident case. If you’ve been injured due to an unsafe condition on someone’s property, it’s important to contact a slip and fall lawyer at Stewart & Stewart soon after your injury to discuss your case in detail. An early investigation is important to the success of your case.