Every Indiana winter brings falls on icy entrances, unshoveled sidewalks and parking lots nobody salted.
Indiana courts generally evaluate a business's handling of snow and ice under the same reasonable-care standard owed to invitees, looking at what the business knew and whether it had a reasonable opportunity to act.
Common winter hazards
- Rain, snow and ice tracked inside entrances, or curled and bunched mats
- Uncleared snow and ice in parking lots and on walkways
- Apartment complex sidewalks and stairs that were never shoveled
A snow removal contractor or a landlord may share responsibility, depending on the contracts and who controlled the area.
What to do
Photograph the ice and the area right away, before it melts or is salted, and note the weather and time. Then follow our after-a-fall checklist.
Falls on public property are harder
Indiana law says a government unit is not liable for a loss that results from the temporary condition of a public thoroughfare caused by weather (IC 34-13-3-3). The Indiana Supreme Court has held that this protection can cover the time reasonably required for the government to respond to the weather condition (Gary Community School Corp. v. Roach-Walker, 917 N.E.2d 1224 (Ind. 2009)). There are exceptions: when the government knows of an existing defect that shows up during recurring bad weather and has ample opportunity to fix it, the immunity does not apply simply because the defect appeared in bad weather (Ladra v. State, 177 N.E.3d 412 (Ind. 2021)). Strict notice deadlines also apply. See Indiana fall injury deadlines.