Indiana Slip and Fall Laws

Who’s liable when you slip and fall on someone else’s property?

• Locations and causes of slip and fall accidents
• Establishing liability in an Indiana slip and fall case
• Who’s liable for a slip and fall accident?
• What happens when a slip and fall accident occurs at work?
• What if you’re partially at fault for your slip and fall accident?
• What damages are available in an Indiana slip and fall case?
• Statute of limitations

Though most of us fear plane crashes, terrorist attacks, and sudden illness, slip and fall accidents are actually far more likely statistically. In fact, slip and falls are the second leading cause of death in the world.

If you slip and fall on someone else’s property in Indiana, premises liability laws determine whether the property owner can be held liable. 

Let’s take a closer look.

Locations and causes of slip and fall accidents

Slip and fall accidents can happen on public or private property. Some of the most common locations include:

There are all sorts of factors that might contribute to a slip and fall accident. Some common factors include:

Establishing liability in an Indiana slip and fall case

To establish that a property owner is liable for the injuries you suffered in a slip and fall accident, you generally have to prove the elements of negligence:

• The property owner had a duty to protect you from harm,
• The property owner breached their duty to protect you from harm, and
• You were injured as a direct result of their breach.

The focus of slip and fall litigation is generally on the duty owed by the property owner.

In Indiana, the specific duty owed depends on the status of the plaintiff at the time they fell:

Determining whether or not a property owner breached their duty is not always straightforward.

Consider the following example:

Who’s liable for a slip and fall accident?

It’s not always easy to tell who specifically is liable for a slip and fall accident. For example, if you slip and fall on a foreign substance in a retail store, the following parties could be liable:

• The owner of the retail company
• The owner of the building
• The company hired to maintain the building
• An independent contractor working in the building

It’s your lawyer’s job to determine who may be liable and to make sure each potentially liable party is included in the lawsuit or insurance claim.

What happens when a slip and fall accident occurs at work?

If you’re injured as a result of a slip and fall accident at work, you can generally file a workers’ compensation claim.

Workers’ compensation is a form of insurance that provides financial benefits to employees who are injured on the job. Unlike a personal injury lawsuit, the employee doesn’t need to prove that someone was at fault for the accident in order to receive benefits. Rather, the employee simply needs to prove that the injury occurred while they were completing a work-related task.

What if you’re partially at fault for your slip and fall accident?

Indiana follows the modified comparative fault rule. Under this rule, a plaintiff’s damages are reduced by their percentage of fault. What’s more, if the plaintiff is considered more than 50% at fault for the accident, the plaintiff is barred from recovering any damages.

Common examples of circumstances in which a plaintiff may be found partially at fault include:

• The plaintiff was using their phone or otherwise distracted when they fell
• The plaintiff was running when they fell
• The plaintiff was wearing inappropriate footwear under the circumstances
• The plaintiff was on a part of the premises where they weren’t allowed or where they weren’t expected to be when they fell
• The plaintiff was intoxicated when they fell

What damages are available in an Indiana slip and fall case?

According to the Centers for Disease Control and Prevention (CDC), 1 out of every 5 falls results in serious injury.

Fortunately, Indiana allows plaintiffs in slip and fall cases to recover both economic damages (medical bills, lost wages, etc.) and non-economic damages (pain and suffering). Additionally, plaintiffs can recover punitive damages if the defendant acted with malice, fraud, or gross negligence.

If a loved one died as a result of a slip and fall, certain family members can recover damages by filing a wrongful death lawsuit.

Statute of limitations

A statute of limitations puts a time limit on your right to file a lawsuit. In Indiana, you have 2 years from the date of the injury to file a lawsuit in a slip and fall case. There are a few exceptions but these are rare. Generally, if you fail to file a lawsuit within this time limit, you will lose your right to file a lawsuit.

Are you ready to take the next step and meet with an attorney? Our free online directory of experienced Indiana personal injury attorneys can help get you started.