Slip & Falls During Indiana’s Winter Months

During the winter, it is important for people to exercise caution when walking and to be alert for icy patches. Snow and ice on sidewalks or roads increase the number of slip and fall accidents during winter. Winter fall-related injuries include not just fractures and broken bones, but also more serious injuries, like spinal cord injuries and brain injuries. The most commonly seen types of Indiana premises liability cases are slip-and-fall accidents occurring in the winter months due to accumulated snow or ice on the ground. Here is what you should know about winter slips and fall cases.

Hazardous Conditions

“Hazardous condition” is a legal term that simply means that “something” improperly caused your fall. It can mean a foreign object on the floor like a pellet or a BB. Also, it can mean a slippery substance on a floor like snow, ice, water, or oil. It could mean a crack in pavement, uneven concrete, or even a pothole. Indeed, it simply means that something happened to cause your fall other than you tripping. That’s why it’s so important to try to document what caused your fall after it happens.

Fortunately, Indiana law does not require that you know exactly what caused your fall before you fell. It’s okay to simply recognize it was something out of the ordinary and not a balance issue. This recognition of a foreign substance or defect can come after you fall. For example, you may have a case if you fell and later realized ice was the cause because you felt it with your hands as you attempted to stand up. Or after you fall, you realize that your clothes are cold and wet, so it must have been a liquid on the floor that caused you to fall. Indiana law allows for a victim to recognize the hazard after the fall.

A Business Owner’s Obligation to Clear Snow and Ice

In Indiana, business owners have a general duty to clear their premises of snow and ice. What precisely a landowner’s duty entails is determined on a case-by-case basis. Generally, courts will look to whether the landowner exercised reasonable care in the maintenance of their property.

Under Indiana case law, when courts consider a winter slip-and-fall accident occurring on commercial property, they look at how long the snow or ice was present on the property, and the amount of notice the landowner had of the upcoming storm. For example, if a sudden storm deposits a surprising amount of snow, it may be reasonable for a landowner to take slightly longer than one would typically expect to clear their property of the snow. Courts may also consider whether the landowner had prior notice of a problem that had occurred in the past.

What Should You Do After a Fall on Another Person’s Property?

You should report the fall immediately to the property owner or property manager. You need to seek medical attention to protect your health and document your injuries. If possible, take photographs and make videos of the accident scene. Take note if the area has not been cleared of snow and ice, warning signs are not visible, and rugs have not been placed on the floor.

If an eyewitness is available, ask the person for his or her name and contact information. It is also a good idea to keep your clothes and shoes in a safe place until after you speak with an attorney.

A Winter 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.

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 have consulted with an experienced Indiana premises liability lawyer, you should not make any promises to the property owner nor agree to give up any rights.

Get Legal Advice After a Winter Slip and Fall

Slip and fall cases can be complicated, particularly those caused by snow and ice outdoors. Your best course of action is to consult with a seasoned premises liability lawyer. At Boulton Law Group, you will find a knowledgeable and experienced legal team, dedicated to pursuing the compensation you are entitled to receive. We represent clients in Indiana and will evaluate your potential claim free of charge. When you work with our firm, you will owe us no legal fees unless we settle the case for you or win at trial.

To speak with attorney Boulton today, call 317-350-2680. If you prefer to write to us with the details of your slip and fall accident, please use our confidential contact form for an immediate review.