Have you or someone you know been injured in a slip and fall in Indiana? It’s important to understand what it takes to recover financial compensation for your injuries. Let an Indiana injury lawyer guide you through the requirements of the case.
Number 1: Duty of Care
The first element in a slip and fall case is the duty of care. The injured party needs to show that the property owner or manager had a duty:
- to keep the property safe for visitors; and
- to warn them of any potential hazards.
The answer to the duty of care question can depend on a number of factors, including whether the injured party was trespassing at the time and whether the property is a business that was open to the public. Click here to learn more about who can find themselves on the hook for a slip and fall case.
Number 2: Negligence
The next element is negligence. Broadly speaking, negligence means someone had a duty of care and failed to meet it. In the context of a slip and fall, this means the property owner or manager had a duty to either maintain the property or warn people about its condition. This might mean anything from slippery ice in the winter months or structural deterioration over time.
The owner or manager is obligated to maintain the property. If they don’t maintain it, they’re obligated to warn people about it. If they don’t maintain it or issue any warnings, this might be an example of negligence.
Number 3: Causation
There must be a causal link between the property owner or manager’s negligence and the victim’s injury. In other words, the victim needs to show that if the owner or manager had fulfilled their obligations and met their duty of care, the injury would not have occurred.
Number 4: Damages
For better or for worse, all personal injury cases come down to numbers. In addition to medical expenses and lost wages, an injured person can also seek damages for pain and suffering. Pain can be difficult to quantify, but for personal injury purposes, this is a necessary consideration. If you’re not claiming any damages, you don’t have a personal injury case.
Number 5: Evidence
An injury victim is first and foremost trying to establish that they’ve been injured, and they also want to gather any evidence that points to the cause of their injury. Useful documents can include photographs of the scene, witness statements, and medical records.
Make the Right Call
If you’ve been injured in a slip and fall, it’s crucial to consult with an experienced Indiana injury lawyer who can help you build a strong case and pursue the compensation you deserve. If you have any questions, give us a call at 317-632-3642. Let the Marc Lopez Law Firm turn your frustration into compensation.
