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The challenges of winning a slip-and-fall case in Indiana

On Behalf of | Jul 31, 2022 | Personal Injury

Slip-and-fall injuries in Indiana are a leading cause of personal injuries, but legal action can prove to be difficult. High bars regarding culpability leave some victims without recourse.

Despite the challenges, it can be worth the effort to bring these cases to court.

What are the causes of slip-and-fall injuries?

These factors cause most slip-and-fall injuries in Indiana:

  • Weather, especially snow and ice
  • Wet floors
  • Damaged flooring and uneven surfaces
  • High areas without railings or other barriers to prevent falls
  • Hazardous stairways
  • Food and drink spills

Why are slip-and-fall cases hard to win?

Two elements comprise Indiana’s burden of proof in slip-and-fall cases:

  • A hazardous condition on the property caused the accident
  • The property owner had “notice” (knew about) the hazard

To win a case in court, you must prove both elements. In particular, it can be difficult to prove that a property owner knew about a dangerous situation and purposefully did not correct it.

What evidence can you provide to prove your case?

Certain types of evidence can be particularly compelling during a slip-and-fall case. These types of evidence include:

  • Photographs
  • Personal statements, especially if recorded directly after the accident
  • Witness statements

What is comparative fault?

Indiana law does not allow a slip-and-fall victim to receive compensation from a third party if they themselves were more than 50% responsible for the accident. If you have less than 50% of the responsibility, the court will reduce any payment you receive by the percentage equivalent to your responsibility.

If you suffer a slip-and-fall injury in Indiana winning your case may prove challenging, but recovering damages may be worth it.