Who Could Be Liable for My Indiana Slip-and-Fall Accident?
Slip-and-fall accidents often result in serious injuries that can have lifelong consequences. They can occur anywhere, indoors or outdoors, and on public, commercial, or private property. Indiana Personal Injury Attorney Matthew W. Chapel highlights National Safety Month in June by discussing who could be liable for an Indiana slip-and-fall accident.
Indiana Slip-and-Fall Accidents
The Centers for Disease Control & Prevention reports that over 14 million older adults fall and sustain injuries every year, making slip-and-fall accidents the leading cause of injury for seniors. Over 311,000 adults over 65 fell and were injured in Indiana in 2020; 571 died in 2021. However, older adults are not the only ones at risk.
· The National Floor Safety Institute reports that slips and falls are the primary cause of lost work days.
· Slips and falls are the leading cause of Workers’ Compensation claims.
· The Consumer Product Safety Commission (CPSC)reports that floors and flooring materials contribute directly to more than 2 million fall injurieseach year.
· Half of all accidental deaths in the home are caused by a fall.
· Most fall injuries in the home happen at ground level, not from an elevation.
These facts indicate that slip-and-fall accidents are common among working-age adults and even in the home.
Who Could Be Responsible for Your Indiana Slip-and-Fall Accident?
In Indiana, a slip-and-fall accident is legally defined as an incident in which an individual sustains injuries due to slipping, tripping, or falling on someone else’s property. These accidents typically occur as a result of hazardous conditions or negligence on the part of the property owner, operator, or others.
· Owners
· Managers
· Employees
· Maintenance personnel
· Contractors
· Renters
· Guests
· Negligent bystanders
Under Indiana law, property owners have a duty of care to ensure their premises are reasonably safe for visitors. This is true of public, commercial, and private properties where you have permission to be present. When they fail to fulfill this duty, and a slip-and-fall occurs, they may be held liable for the victim’s injuries and damages.
If you slip and fall and sustain injuries as a result of a property owner or other party’s negligence, you may be able to recover compensation for your losses. You may also be able to recover compensation from other responsible parties like cleaning or maintenance contractors or even party guests.
The Concept of Negligence
Successful slip-and-fall accident claims must prove that the property owner, operator, or other party was negligent and that this caused you to be injured. You and your attorney must prove that the majority of responsibility for your injuries rests with someone else and not you.
Indiana Code § 34-51-2-6 states, “The claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.”
Simply put, this means that if you are found partially responsible for your slip and fall injuries, you may pursue compensation from the property owner or operator as long as you are no more than 50% responsible for the accident.
Helping Slip-and-Fall Accident Victims in Indiana
The state of Indiana allows slip-and-fall accident victims to file a claim for damages up to two years from the date of their injury. If a property owner or other party’s negligence caused you to sustain an injury in a slip-and-fall accident, you may be eligible for compensation for your economic and non-economic losses.
Personal Injury Lawyer Matt Chapel can help. He is tireless in investigating and uncovering the truth to hold responsible parties accountable for your injuries and losses. Contact his Fort Wayne office to schedule a free consultation.
If you have questions about a matter that is pending before a court in Northeast Indiana or Northwest Ohio, contact Matt Chapel immediately. Call us at 260-387-6236 or email us at info@mattchapellaw.com..