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Slip and Fall Lawyer: Understanding Premise Liability and More

August 27, 2014
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Slip and Fall Lawyer

WHAT IS A SLIP AND FALL?

A slip and fall claim in Indiana can happen when someone is hurt on someone else’s property. If you are hurt on another’s property, then you may have a slip and fall lawyer claim. Property owners have several responsibilities. The main legal responsibility of a property owner is a legal term known as the “duty of care.” Property owners have a duty of care to make sure visitors of their property are safe.

Indiana law requires property owners to ensure their property is safe for visitors. The level of care that a property owner is required to give visitors depends on what type of visitor you are. In Indiana, there are three main types of visitors under slip and fall law, they are: (exterior link to the case : “A Look at the Top 3 Payouts for Slip and Fall Injury Cases in Indiana”.

  • Invitees: Invitees are visitors who are invited onto a property. A common example of an invitee would be someone visiting a property to conduct business of some kind. If you go to the supermarket to shop for groceries, then you would be an invitee under Indiana law. When the supermarket opened its doors that day for business, it “invited” everyone to enter and conduct business there.
  • Long ago, the Indiana Supreme Court ruled that invitees get the highest level of care under slip and fall law in the case of Burrell v. Meads. The owner of the supermarket in this example has a legal duty of care to reasonably ensure that invitees are safe when they enter and use the property.
  • Long ago, the Indiana Supreme Court ruled that invitees get the highest level of care under slip and fall law in the case of Burrell v. Meads. The owner of the supermarket in this example has a legal duty of care to reasonably ensure that invitees are safe when they enter and use the property.
  • Licensees: Licensees are visitors who enter a property with the owner’s implied consent. Implied consent is an unsaid permission to enter for a specific type of visitor. A common example of a licensee would be a utility company entering a property to check a gas meter.
  • A licensee does not get the same level of protection under the duty of care as an invitee in the first example above. A property owner is required to inform a licensee of any known dangerous conditions on the property. This is usually done with a sign.
  • Trespassers: Trespassers are visitors who enter a property without any legal consent. A common example of a trespasser would be an individual jumping a fence that surrounds a property. The fence in this case is meant to keep people out, and since the individual entered anyway, the individual would be considered a trespasser.
  • A trespasser gets the least amount of protection from a property owner. In Indiana, trespassers are not owed any legal duties of care from a property owner.
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If you have been hurt on another’s property and are owed a legal duty of care as one of the three types of visitors discussed above, then you could have a case to win a money judgment. If you have specific questions about your potential slip and fall case, then it is important to speak to an experienced slip and fall attorney who can help guide you.

THE ATTRACTIVE NUISANCE DOCTRINE EXPLAINED

Under Indiana law, there is an exception to the rule about trespassers when the trespasser is a child. Under the attractive nuisance doctrine, a property owner is required to reasonably ensure the safety of a child who might be attracted to something on the property that is inherently dangerous for a child to play with on their own. An attractive nuisance is defined as something that exists on a property that:

  • Is potentially dangerous,
  • Is attractive to children,,
  • Is unlikely to be understood to be dangerous by a child,,
  • Will likely attract children to the property, and,
  • Injuries are foreseeable,

A common example that is often used as an attractive nuisance is a swimming pool. The Indiana Court of Appeals, however, declared that a swimming pool is not an attractive nuisance in City of Indianapolis v. Johnson because children are warned of drowning from an early age. Attractive nuisances in Indiana can include things like trampolines, or sharp objects in open yards.

WHAT TYPES OF SLIP AND FALL CASES ARE THERE?

There are many types of slip and fall cases in Indiana. You can file a slip and fall claim for several types of cases that happen in many locations and for different types of injuries. You may be entitled to money for:

  • General premises liability
  • Construction site injuries
  • Grocery store injuries
  • Hotel injuries
  • Parking lot injuries
  • School property injuries
  • Casino injuries
  • Bar injuries
  • Restaurant injuries
  • Sidewalk injuries
  • Bank injuries
  • Crosswalk injuries
  • Private property injuries

You may also be able to file a negligence claim against a property owner if they don’t keep their property safe for visitors. You may be entitled to money if you were hurt because of:

  • Icy ground (ICY INJURIES)
  • Wet floor
  • Broken pavement
  • Uneven pavement
  • Dangerous objects

If you are hurt in a slip and fall, you can suffer many types of injuries, including:

  • Head injuries
  • Arm injuries
  • Hand injuries
  • Leg injuries
  • Neck injuries
  • Spinal injuries
  • Back injuries
  • Hip injuries
  • Facial injuries
  • Buttocks injuries

If you have suffered an injury of any kind on someone else’s property, then make sure you get in contact with an experienced slip and fall lawyer as soon as possible. Our office handles all types of slip and fall cases, and we are ready to help you now.

WHAT KIND OF DAMAGES CAN BE AWARDED IN A SLIP AND FALL CASE?

If you are injured in a slip and fall or another type of injury on someone else’s property, then you may have a case to win money. The types of compensation that you can receive in a slip and fall claim under Indiana law include:

• Economic damages: This includes costs for things like medical bills, lost wages, and property damage, among other things.

• Non-economic damages: This includes costs for things that cannot be easily calculated such as pain and suffering, trauma, and long-term effects, among other things.

• Punitive Damages: These are damages that are meant to directly punish the responsible party for their actions. Punitive damages are not meant to actually compensate the victim of an injury but are meant to punish the actor and deter future similar conduct.

If you are curious about what type of money damages you may be eligible for in your slip and fall case, then give us a call at Alex Mendoza Law so we can help.

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CALL FOR A FREE CONSULTATION TODAY

Call a local slip and fall lawyer near you today. 

If you have been hurt on someone else’s property and are curious about the potential of a slip and fall claim, then it is important that you speak to an experienced slip and fall lawyer as soon as you can. We are proud to offer free consultations to all potential clients to help you understand your case and how much it could be worth. Give us a call today at (219) 200-2000 or contact us online to schedule your appointment.

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Why Do I Need An Attorney?

At Alex Mendoza Law, we value our clients. In other words, we believe life is sacred. We believe your health is invaluable and sometimes irreversible. And we believe that you deserve a fierce, passionate and determined legal team. While the insurance company may just see you as a greedy person taking advantage of the system, we know that’s not true.

Although we’re fierce, passionate and determined, it takes far more than just that to win your case. At Alex Mendoza Law, LLC, our lawyers are always looking for ways to get an edge over the competition. When we’re not in the office working hard on your case, we’re attending the top plaintiff lawyer conferences in the country and studying the research by experts in the field to learn the psychology behind what motivates jurors to do right by plaintiffs. It means we go into every single personal injury case with a game-plan that works. Let’s discuss your case when you’re connected.

Who Are Our Clients?
We don’t represent malingerers, fakers, or cry-babies. If we’ve taken your case, it’s because you’re injured and truly hurt, physically and emotionally. So, when you’ve been permanently injured because of someone else’s negligence, we’ll make them pay. Put simply, we won’t back down until we’ve gotten you a fair settlement or go to trial. Yes, our job is to get you money. But, it’s not only money. It’s about making them pay for what they’ve done. It’s about holding them accountable and upholding the laws that keep our community safe. That’s what justice is about. We’re passionate about what we do, and we’re good at it.
What Kind of Cases Do You Handle?

Alex Mendoza Law handles automobile, motorcycle, and semi-truck collisions, slip and falls, and sexual abuse cases. If you’ve been injured or harmed, physically or mentally, because of someone else’s negligence or intentional conduct, let us help! Our skilled attorneys are licensed in Indiana and Illinois, with offices conveniently located in Hammond, Indiana, and downtown Chicago, in the loop. Learn more about our firm, and look at our Google business page to see dozens of reviews from satisfied clients.

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At Alex Mendoza Law, LLC, our lawyers are always looking for ways to get an edge over the competition. Whether in the office or in the courtroom, we are working hard on your case.

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