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Slip-And-Fall Accidents

Indiana Slip and Fall Cases

Posted Nov 02, 2021 by Matt Boulton

Under Indiana tort law, landowners have an obligation to ensure that their property is safe for the people they host. In general, a property owner must exercise reasonable care when maintaining their property to discover and eliminate any hazards. If injured in a slip and fall accident on someone else’s property in Indiana, certain rules determine whether or not the property owner can be held liable. Here is what you should know about the law surrounding slip and fall cases in Indiana.

Comparative Negligence in Indiana Slip and Fall Cases

You’re making a slip and fall claim, only to hear the property owner argue that you bear some amount of responsibility. It’s a common tactic in every slip and fall case in every state, and Indiana is no exception. If the property owner successfully pins the legal blame on you, any settlement or court award you receive decreases.

Indiana Code section 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.” The practical effect of all of this is that any damages award you receive from the court will be reduced by an amount equal to the percentage of fault that’s determined to be yours.

Time Limits on Indiana Personal Injury Lawsuits

Each state sets a limit on the amount of time you have to file a lawsuit after an injury. In Indiana, this time limit (known as the “statute of limitations”) is two years. Usually, this two-year time limit starts running on the date of the accident. If you don’t get your lawsuit filed before the two-year time limit passes, you lose your right to have the court hear your case. So, it’s important to make note of and comply with the law. For injury claims against a city or county, you have 180 days to file a formal claim. For claims against a state government agency, you have 270 days to file a claim.

Slip and Fall Incident Report

If you have a slip and fall accident on a business or public property, the property owner may want you to fill out an incident report and possibly sign a waiver. Incident reports can be helpful if you decide to file a claim against the store. However, you may want to consult with your Indianapolis slip and fall attorney before doing so. Incident reports offer a chance to write down the details of your accident immediately, and this is something that you can choose to do on your own as well.

If you fall at a private residence, write down as many details as you can remember immediately after the fall. If the property owner asks you to sign anything, read it carefully. Do not sign any paper that appears to give up or take away any of your legal rights. Injuries from a slip and fall accident in Indiana can take time to develop fully. Until you know the extent of your injuries and consult with a lawyer, don’t make any promises to the property owner.

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Proving Slip and Fall Liability in Indiana

To recover compensation for your slip and fall injuries in Indiana, your attorney must prove how the actions or inactions of the property owner, authorities, those in a position of management, and/or staff were directly responsible for your injuries. Without legal representation, however, you will likely have difficulties in proving how you had no reasonable means to avoid the accident.

Additionally, to win your claim, it must also be proven that the property owner had reasonable knowledge that the potential trip and fall danger existed. Evidence must also show that the defendant had an adequate and reasonable amount of time to address the dangerous condition. However, they did not take measures to correct it.

Reasons to Hire an Indiana Slip & Fall Attorney

If injured in a slip and fall accident, contact Indiana slip and fall attorneys. There are a few reasons to hire an attorney:

  • An Indiana personal injury attorney will have experience representing other slip and fall clients. They also understand the possible long-term effects of your accident.
  • There is a statute of limitations in Indiana to file a personal injury lawsuit. It takes time to file a lawsuit and you don’t want to wait until the last minute.
  • An Indiana slip and fall lawyer knows the other lawyers in the area. Thus, they may even know the property owner’s attorney. By hiring an Indiana personal injury lawyer, the property owner takes your claim seriously.
  • Most personal injury attorneys charge a contingency fee. This means you pay the attorney nothing upfront and nothing until case resolution.


If you received injuries in an Indiana slip-and-fall accident, contact Boulton Law Group for help. The experienced Indiana slip-and-fall lawyers at our firm have extensive experience handling a wide range of personal injury cases, and aggressively pursue compensation for every one of our clients.

Matt Boulton

Author Matt Boulton

Attorney Matt Boulton is an award-winning personal injury attorney with more than 25 years of experience helping seriously injured people throughout Indiana. He designed his firm for the client who expects exceptional service and passionate, successful legal representation.

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