A routine trip to the store, a restaurant, or a shopping mall shouldn’t end with a painful injury. Unfortunately, slip and fall incidents happen more often than many people realize, and when they occur on business property, the business owner may be responsible.
Under Indiana law, business owners have the highest duty of care to keep their property safe for customers. When they fail to do so, serious injuries can happen. If you’ve been hurt in a slip and fall, you may have the right to seek compensation for your medical bills, lost wages, and pain and suffering.
Here’s what you need to know about business liability for slip and fall injuries in Indiana, including what steps you should take after an injury and how a slip and fall attorney can help.
The Duty of Care Owed to Customers
Businesses actively invite customers onto their property, encouraging them to come in and spend money. Because of this, the law holds them to a high standard of responsibility when it comes to maintaining a safe environment.
Under Indiana premises liability law, customers are considered invitees, meaning they are owed the highest level of legal protection. Business owners must take reasonable steps to keep their premises safe and free from hazards.
When a business fails to take care of its property and someone is injured as a result, the business may be held legally responsible for the damages. These damages can include:
- Medical expenses (hospital visits, surgeries, rehabilitation, medication)
- Lost wages if the injury forces the victim to take time off work
- Pain and suffering for the physical and emotional toll of the injury
- Future medical costs for ongoing treatment or therapy
Holding businesses accountable for unsafe conditions helps prevent future incidents and ensures that victims receive the compensation they need to recover.
Key Responsibilities of Business Owners
At a minimum, business owners in Indiana must take the following steps to ensure their property is safe for visitors:
1. Regularly Inspect Their Property
Businesses must conduct routine inspections to identify potential hazards before they cause harm. This includes checking for:
- Wet or slippery floors
- Loose or broken floor tiles
- Poor lighting in hallways or stairwells
- Uneven sidewalks or parking lot hazards
- Cluttered walkways that could lead to tripping hazards
Failing to inspect a property regularly increases the risk of preventable injuries. For example, if a grocery store has a leaking freezer and doesn’t check the aisles regularly, a customer could slip on the water and suffer a serious fall.
2. Warn Visitors of Known Hazards
If a business knows about a hazard but has not yet fixed it, they have a duty to warn customers. This can include:
- “Wet Floor” signs after mopping or cleaning
- Caution tape blocking off an unsafe area
- Verbal warnings from employees if a hazard is not immediately visible
Warning signs help reduce the risk of injury, but they do not excuse a business from fixing the problem. If a business owner fails to warn customers about a known danger, they can be held liable for any injuries that result.
3. Maintain Safe Conditions
Business owners must take reasonable steps to fix hazards as soon as possible. This includes:
- Repairing broken staircases, loose handrails, or damaged flooring
- Clearing ice and snow from parking lots and sidewalks
- Ensuring adequate lighting in dark areas to prevent tripping hazards
Neglecting these responsibilities can lead to serious injuries. For example, if a business owner ignores a broken step leading into their store, and a customer trips and falls, the business could be held accountable for the resulting medical bills and other damages.
4. Provide Adequate Security
In some cases, businesses also have a responsibility to provide security measures. If an area has a known risk of crime, business owners may need to:
- Install security cameras
- Provide adequate lighting in parking lots and stairwells
- Hire security personnel if necessary
If a business fails to provide reasonable security and someone is injured due to criminal activity (such as an assault in a poorly lit parking lot), the business may be held liable.
5. Ensure Safe Construction and Design
When constructing or renovating a property, business owners must follow building codes and safety regulations to ensure safe design. Poor construction can introduce new hazards, such as:
- Staircases without handrails, making falls more likely
- Uneven flooring that creates a tripping hazard
- Poorly placed fixtures or furniture that obstruct walkways
If a property owner cuts corners during construction and someone is injured as a result, they could be held liable for negligent property maintenance.
Real Slip and Fall Cases in Indiana
Slip and falls can cause severe injuries, including fractures, head trauma, and chronic pain. Here are real-life cases where businesses failed to keep their properties safe:
- Snow and ice hazard: A woman slipped while entering a grocery store due to improperly shoveled snow, resulting in a broken shoulder.
- Construction material left out: A woman stepped on exposed materials at a gas station, leading to a serious foot fracture requiring surgery.
- Known freezer leak: A man slipped in a grocery store where a freezer had a long-standing leak, requiring him to undergo surgery.
- Uneven flooring from renovations: A grocery store installed self-checkouts but failed to properly level the floor where old checkouts had been removed. A customer tripped, suffering a fractured arm.
These cases highlight the importance of businesses maintaining safe conditions. When they fail to do so, innocent customers suffer the consequences.
What to Do After a Slip and Fall Injury
If you’ve suffered a slip and fall injury at a business, taking the right steps can protect your legal rights and strengthen your claim:
1. Report the Incident
Tell the store manager or property owner about the incident. Ask them to document the incident in a report and request a copy for your records.
2. Take Photos and Videos
Capture clear photos of the scene, including:
- The hazard that caused your fall (wet floor, uneven pavement, poor lighting, etc.)
- The area surrounding the hazard
- Any visible injuries you sustained
3. Gather Witness Information
If anyone saw your fall, ask for their name and contact information. Witness testimony can help support your claim if the business tries to deny responsibility.
4. Seek Medical Attention
Even if your injuries seem minor, see a doctor immediately. Some injuries (like concussions or soft tissue damage) may not show symptoms right away but can worsen over time.
5. Contact a Slip and Fall Attorney
An experienced Indiana slip and fall attorney can help you:
- Investigate the incident
- Gather evidence to prove liability
- Negotiate with insurance companies
- Pursue maximum compensation for your injuries
Injured in a Slip and Fall? Get Legal Help
A slip and fall injury can leave you facing medical bills, lost wages, and lasting pain. If a business failed to keep its property safe, you shouldn’t have to pay the price.
An Indiana slip and fall attorney can help you fight for the compensation you deserve. If you’ve been injured, don’t wait—reach out today to discuss your case.
Call 463-363-0588 for a free consultation.
