Fall Guys LawIndiana slip & fall lawyers · Poynter & Bucheri, LLCCall (317) 780-8000
A site by Poynter & Bucheri, LLC, attorneys at law · 4202 Madison Ave., Indianapolis, IN 46227 · (317) 780-8000 · Phones answered 24/7

Falls on ice and snow

  • Free consultation · No recovery, no fee*
  • Se Habla Español
  • Mon–Fri 9–5

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

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.

Call (317) 780-8000 – Free consultation