What if they say it was your fault?

Businesses often argue the hazard was obvious or that you weren't watching where you were going. An obvious hazard can affect whether the business owed or breached a duty, but it does not automatically decide every case. Your own carelessness can also count as comparative fault.

Under Indiana's Comparative Fault Act (IC 34-51-2), your damages are reduced by your share of fault, and you are barred only if your fault is greater than everyone else's combined.

Example in plain terms: being partly at fault doesn't automatically end a claim. It may reduce what you can recover.

Different rules can apply to claims against government entities. See Indiana fall injury deadlines.

Source

IC 34-51-2: iga.in.gov