Slip and fall injuries are unforeseen events that can happen to anyone, anywhere. Whether during a routine grocery store visit, at a friend’s residence, or even while waiting for the school bus, hazardous conditions on someone else’s property or at a business can lead to mishaps.
The experienced attorneys at the Marc Lopez Law Firm are here to share crucial insights into these incidents. This guide will provide you with what steps to take if you or a loved one find yourself in such a situation.
Understanding Slip and Fall Cases
A slip and fall is not just an unforeseen incident; it encompasses injuries resulting from someone’s negligence or lack of care while someone else was on their property. Essentially, a slip and fall injury occurs when an individual is harmed due to unsafe conditions on another’s premises. In Indiana, property owners are legally obligated to maintain a safe environment for visitors.
Types of Visitors
In Indiana, the law distinguishes three types of visitors that can be on someone’s property.
- Invitees: These are individuals actively encouraged to be on someone’s property, including friends, delivery drivers, or people who have been explicitly invited for the property owner’s benefit. A property owner owes invitees the highest duty of care, ensuring reasonable protection while on the premises.
- Licensees: Sometimes people are tolerated on another person’s property without a specific invitation. These licensees have permission to enter the property, but it’s usually for their own benefit. Think of school kids waiting for the bus on your lawn, or your mother-in-law stopping by unannounced. If a property owner is aware of any hidden dangers, they are obligated to warn a licensee about them.
- Trespassers: A person who is trespassing has no permission to be on the other person’s property. The law prevents a property owner from intentionally harming a trespasser once their presence is discovered. Other than that, a property owner owes very little to a trespasser.
Proving Liability
Achieving financial recovery from injuries sustained on someone else’s property or a business premises requires you (the injured party) to establish liability. Slip and fall cases can be challenging due to the subjective nature of evidence.
In contrast to car crash cases with evident vehicle damage, slip and fall injuries depend on crucial pieces of evidence such as medical records, witness accounts, and photographic documentation.
Time Constraints and the Catch-22
After a slip and fall, individuals might face a dilemma. What if the immediate need for treatment is competing with the crucial task of gathering evidence? Establishing circumstances and liability relies on the timely collection of details like the conditions, hazards, and events on site leading to the incident.
The catch-22 occurs like this: A winning case requires you to focus on recovery and gather the relevant evidence in a timely manner. Emphasizing treatment, however, allows certain evidence to slip away, while prioritizing the collection of evidence leaves you physically compromised and vulnerable to counter arguments from the insurance company.
To further complicate matters, legal proceedings are constrained by deadlines, which restrict the window for filing a claim. In the aftermath of a slip and fall injury, it’s crucial to achieve a balance between swift medical attention and timely evidence collection.
Why You Need an Attorney
If this sounds like a lot to keep track of, that’s because it is. Promptly contacting an experienced Indiana injury lawyer after a slip and fall injury is vital to the success of your case. A skilled slip and fall attorney can navigate the complexities of your case while you focus on recovery.
In Indiana, the law acknowledges your primary duty as an injured person is to get better. Hiring one of the experienced attorneys at the Marc Lopez Law Firm will allow you to focus on recovering while we handle the legalities, including investigating the incident and securing crucial evidence.
Injuries resulting from slips and falls extend beyond mere simplicity; they result from someone else’s negligence on their property. If you’ve suffered a slip and fall injury in Indiana, reach out to the Marc Lopez Law Firm at 317-632-3642 for a free consultation. Our experience can turn your frustration into compensation.
