Slip and fall liability is not always simple to pinpoint. Many different parties could be at fault based on the specific circumstances. The law does outline various rules to help determine fault.
We’ll walk you through the possible at-fault parties and scenarios you could encounter if you face a slip and fall injury.
Factors Impacting Indiana Slip and Fall Liability
Indiana premises liability laws govern fault for slip and fall accidents. You should work with an attorney to evaluate the evidence in your case to determine fault.
Location can be a factor in your case. Some common locations for slip and fall accidents include the following:
- Parking lots
- Someone’s home
- Pool decks and the surrounding areas
The hazards that cause slip and fall accidents can also vary from slippery surfaces to poor maintenance practices. Here are some of the most common hazards that property owners overlook or have poor protocols in place to protect against:
- Weather-related elements
- Leaks, spills, or other slippery substances on the floor
- Protruding objects
- Cracks, holes, or other disruptions in walking surfaces
- Sudden changes in elevation
Potentially Liable Parties in Slip and Fall Cases
Once you’ve gathered information about the location and cause of your accident, you can evaluate the potentially liable parties in your case. Here’s a look at some potential parties that could be at fault for your accident:
- The property owner: property owners must ensure that their property is safe for visitors and invitees. This means cleaning up spills and maintaining the property to reduce the chance of an accident taking place.
- The building owner: if a property is being leased to someone else, the building owner could be liable instead of the property owner. In many commercial cases, the responsibility for maintenance then shifts to the individual leasing the property. That isn’t always the case in residential settings as sometimes the responsibilities are split based on whether the hazard is inside or outside the building.
- The maintenance company in charge of upkeep on the property: if the property or building owner contracts out their maintenance to a third party, the maintenance company could be at fault for a slip and fall if they fail to properly maintain the area.
- Independent contractors working within the building: contractors that enter a building have responsibilities to keep it safe and hazard-free. For example, individuals delivering materials to the building or property should make sure that they don’t tear the carpets, presenting a hazard for visitors. Failing to notify the property owner of the torn carpet or fixing it promptly could lead to liability issues.
Evaluating Your Slip and Fall Scenario
The best way to understand who might be liable for your slip and fall accident is to work with an Indiana premises liability attorney. Your attorney will evaluate all details related to your case and guide you in pursuing damages from the at-fault party.
Your attorney will also work with you to determine your status when you were on the property. Based on whether you are classified as an invitee, licensee, or trespasser, you’ll have different rights to pursue damages for your injuries. If you were trespassing on the property, you have fewer protections against harm since you willfully broke the law to be on someone else’s property when you shouldn’t have.
Seek Assistance With Your Claim Today
You can seek both economic and non-economic damages from a slip and fall accident. These damages might include the following:
- Medical bills
- Lost wages
- Pain and suffering
- Mental anguish
Stewart & Stewart offers a free consultation to help you evaluate your slip and fall case. We’ll look at the evidence and determine the at-fault party to help you pursue damages from the appropriate party or parties. Schedule your consultation now to speak with our team and begin the healing process following your accident.