Slip and fall accidents are unfortunately common and, according to the United States Department of Labor, one of the most widely reported accidents. On top of being embarrassing, slips and falls often result in serious injuries, including broken bones, sprains, strains, and in extreme cases traumatic brain injuries and even death.
Property owners in Indianapolis have a duty to exercise reasonable care to protect their customers and visitors from foreseeable dangers on their property, as established in Yates v. Johnson County Bd., 888 N.E.2d 842, 847 (Ind. Ct. App. 2008).
As such, a slip and fall case is considered a type of premises liability action that allows you to recover compensation for injuries sustained on another’s property for negligence. A Marion County slip and fall lawyer could help you collect evidence to support your claim. It may be critical to speak with a qualified personal injury attorney who can negotiate with insurance companies and hold negligent property owners liable for slip and fall accidents.
Frequent Slip and Fall Accidents and Liability Cases
Just because a slip and fall accident has occurred does not mean that a person is automatically entitled to compensation for their injuries. A person injured in a slip and fall accident will need to prove all the elements of negligence in order to receive a settlement:
- A duty of care owed to the plaintiff by the defendant
- A breach by the defendant of that duty
- An injury to the plaintiff resulting from the defendant’s breach
However, slip and fall law will only impose a duty on an individual who could have known of the dangers on the property and who could have acted to prevent the accident and injury.
Where do Slip and Fall Accidents Occur?
A slip and fall accident can occur anywhere, including in the workplace, restaurants, apartment buildings, government buildings, and schools. However, according to The National Floor Safety Institute, the most common place for a slip and fall accident to occur is in a grocery store.
What to Do Following Slip and Fall Injuries
After a slip and fall, an injured victim should immediately report the accident to the property owner or manager. In addition, a person should fill out an incident report detailing the accident. An incident report will include a thorough description of the scene of the accident, including what a person slipped on and any contributing factors such as the lighting. Most importantly, an incident report will contain information about whether there were any warning signs.
However, incident reports can also have a negative impact on a slip and fall case. Some property owners will ask the victim in a slip and fall case to sign an incident report on the scene that may not be appropriately descriptive, and may also ask the person to sign a liability waiver. A person injured in a slip and fall case may want to turn to a Marion County slip and fall lawyer to review an incident report for accuracy, and to review a liability waiver for fairness.
If you or a loved one has suffered an injury in a slip and fall accident, contact a Marion County slip and fall lawyer. A seasoned slip and fall attorney can understand how traumatic a slip and fall accident can be, and could help injured victims recover compensation for their injuries.