When you experience a slip-and-fall accident, you may initially believe the incident was your fault. After all, no one tripped you — you fell on your own. However, under legal guidelines, you may be able to hold the property owner or another party responsible for this type of incident.
A slip-and-fall lawyer can evaluate your case and determine the liable party. Use this guide to help you begin to pinpoint who was responsible.
Possible Liable Parties in a Slip-and-Fall Accident
Several parties may be legally liable for a slip-and-fall incident. While they did not directly cause you to trip or stumble, they are responsible for a hazard that led you to become injured.
Anyone who oversees a property has a duty of care to prevent and mitigate hazardous conditions. When a person becomes injured on their premises, they may be liable and owe them compensation.
With this in mind, any of the following parties might be responsible for your incident:
- Property owners: The owner of the property may be responsible for failing to mitigate a hazard, such as a wet floor, uneven carpeting, or merchandise in the aisleway.
- Property managers: Perhaps the property manager is responsible for maintaining the property, not the owner. A slip-and-fall lawyer can help you hold them liable.
- Renters: Generally, renters are liable for injuries that occur inside the property they are renting, while the owner may be responsible for events that happen outside. For example, if you tripped and fell inside a friend’s apartment, your friend might be liable.
- Maintenance workers: Maybe a maintenance worker was responsible for fixing a hazardous condition, yet they failed to do so. They may be partially or fully liable for the incident.
According to the National Floor Safety Institute (NFSI), slip-and-fall accidents account for over 1 million hospital visits annually in the U.S. They are also the primary cause of lost days from work, contributing to over 22% of all workplace-related injuries.
Indiana’s Comparative Fault Policy and How It Affects Premises Liability Claims
A slip-and-fall lawyer can help you understand how Indiana’s comparative fault law may impact the case. This policy enables more than one party to be responsible for a personal injury event. If one party is less than 51% at fault, they can recover damages from the other parties, but their compensation is reduced by their percentage of fault.
For instance, let’s say you tripped on a wet patch of floor at the supermarket, but you were wearing flip-flops at the time. The insurance company may say that you were partially liable for your injuries. It will assign you and all other parties a percentage of fault.
As long as your percentage was less than 51%, you can recover compensation. If, for example, you were 20% at fault, you could seek 80% of your damages.
Proving Liability in Your Premises Liability Case
After determining the responsible party or parties, a slip-and-fall lawyer can gather evidence to prove the four elements of negligence claims:
- The liable party owed you a duty of care.
- The liable party breached their duty of care.
- An incident occurred due to the breach.
- You suffered injuries in the accident.
As long as you were legally on the property at the time of the incident, the owner owes you a duty of care. If the hazard existed long enough that the owner knew or reasonably should have known about it, you can claim a breach of duty. Allow your attorney to collect photos and videos of the accident, witness testimonies, and other evidence to support the case.
Let Our Slip-and-Fall Lawyers Represent You
Do you need help proving property owner liability in a premises liability case? At Stewart & Stewart Attorneys, we represent victims across the Carmel, IN, area. We can pinpoint the responsible party in your case and take action against them.
Contact us today at (800)-333-3529 to schedule a free case evaluation with our slip-and-fall lawyers.