FOLLOW US ON
Property owners and managers in Indiana have a responsibility under state law to keep their land in reasonably safe condition so lawful visitors do not get hurt. If a landowner fails to meet this “duty of care,” any ensuing injury stemming directly from their negligence could be the basis for civil litigation. It is important that you know what rights you have and how to enforce them.
Guidance from a Beech Grove slip and fall lawyer could help you recover fairly for the effects of a tripping accident. The help of a capable personal injury attorney can make it easier to navigate around common legal roadblocks that might otherwise hurt your case.
The “duty” that an Indiana landowner owes to a property visitor can change somewhat depending on each visitor’s purpose for being on that land. Landowners are generally liable for injuries caused by any slip or trip and fall which a lawful visitor experiences due to a hazardous property condition. If the landowner knew about this hazard but did not warn them about in advance, and if it was not “open and obvious” to any reasonable person, that can be enough for liability.
In some situations, property owners may be liable for injuries caused by hazards they did not have actual knowledge of but should have already discovered through regular property inspection.
A property owner found liable for a slip and fall injury could be compelled through a civil lawsuit or settlement demand to pay for all economic and non-economic losses caused by that injury. That includes both past and future damages relative to when the civil litigation process begins. Specific damages that often play a role in cases like this include:
A Beech Grove slip and fall attorney could go into further detail about potentially compensable losses during a private consultation.
Like many other states, Indiana operates under a “modified comparative fault” system that prohibits any person from recovering any civil compensation if they were found to hold a majority of total fault for their injury . Additionally, as per Indiana Code § 34-51-2-6, any proportion of fault assigned to the plaintiff that is under 50 percent will see their final damages award reduced by that same amount. Thus, a person with 10 percent liability will have their damages reduced by 10 percent.
It is worth noting that IN Code § 34-11-2-4 sets a filing deadline of two years after an injury first occurred for a prospective plaintiff to begin the civil litigation process. Failing to file suit within this deadline will almost always lead to the claim being thrown out of court. A slip and fall lawyer in Beech Grove could provide insight into any exceptions that might apply.
Accidental falls can and do cause serious harm with long-lasting and even life-altering repercussions. If you were involved in this type of accident specifically because of a landowner’s negligent property management, they may hold civil liability for all your injury-related losses. Those losses can include ones you can expect to deal with in the future but which have not yet fully manifested.
Our Beech Grove slip and fall lawyer could explain how you might be able to receive the best possible result from this claim. Call today to start working on yours.