Can I sue a store if I slipped and fell in Indiana?
You may have a claim if the store knew or should have known about the hazard and failed to use reasonable care to fix it or warn you. Indiana generally treats customers as invitees, who are owed the highest duty of care.
What do I have to prove?
Generally that a dangerous condition existed, that the business knew or should have known about it, that it failed to use reasonable care, and that the condition caused your injuries. Notice is often the most disputed issue.
How long do I have?
Usually two years from the fall (IC 34-11-2-4). If your claim is against a government entity, like a city, county, school or the State, written notice is generally required within 180 days for local governments or 270 days for the State. Exceptions apply.
What if the business says the hazard was obvious?
An obvious hazard can affect whether the business owed or breached a duty; it does not automatically decide every case. Under Indiana's Comparative Fault Act your damages may be reduced by your share of fault, but you are barred only if your fault is greater than everyone else's combined. Claims against a government entity follow different, stricter rules; see Indiana fall injury deadlines.
Should I go back for the surveillance video myself?
You can ask the business promptly to keep it. A lawyer can help send a written preservation request. Many systems overwrite footage after a limited time.
Can a landlord be responsible for a fall at a store?
Yes, depending on the lease and who controlled the area. In some cases the business and the landlord, or a contractor, share responsibility.
What does it cost to talk to you?
The consultation is free. If there is no recovery, you owe no fee. Ask about fees and case costs during your free consultation.
Who runs Fall Guys Law?
Poynter & Bucheri, LLC, an Indiana personal injury law firm founded in November 1996. Fall Guys Law is an assumed business name (trade name) of Poynter & Bucheri, LLC, attorneys at law, 4202 Madison Ave., Indianapolis, IN 46227. Responsible attorney: Donald L. Poynter (Ind. Atty. No. 19529-53).
¿Hablan español?
Sí. Se Habla Español. Llame al (317) 780-8000.