Your Slip and Fall Lawyer in Anderson, IN
At The Ken Nunn Law Office, we understand the impact a slip and fall accident can have on your life. If you’ve been injured due to someone else’s negligence, you may have the right to pursue compensation under Indiana law. Our dedicated team of slip and fall lawyers in Anderson, IN, has been helping our injured Indiana neighbors for over 50 years, and we are here to guide you through each step to help you achieve the best possible outcome.
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Table of Contents
What Is Premises Liability?
Premises liability is a legal concept holding property owners and occupiers responsible for accidents and injuries that occur on their property due to hazardous conditions. In Indiana, property owners have a duty to ensure that their premises are safe for visitors and to warn of any potential dangers (like wet floors, or aggressive guard dogs). Indiana law outlines different duties of care based on the visitor’s status (invitee, licensee, or trespasser), which can affect the liability determination.
Invitees are individuals who enter a property for the mutual benefit of both the visitor and the property owner, such as customers in a store or clients in an office.
Property owners owe the highest duty of care to invitees, meaning they must take reasonable steps to ensure the premises are safe. This includes regularly inspecting the property for hazards, repairing dangerous conditions, and providing warnings about potential risks that cannot be immediately fixed.
If a property owner fails to uphold this duty and an invitee is injured as a result, they may be held liable under Indiana premises liability law.
Licensees are visitors who have permission to be on the property but are present for their own personal benefit rather than for a business purpose. This includes social guests, such as friends visiting a home.
Property owners owe a duty of care to licensees. They are required to warn licensees of any known hazards that may not be immediately obvious.
If an injury occurs due to a hazard the property owner knew about but failed to warn of, the injured party may have grounds for a premises liability claim.
Under Indiana law, property owners generally do not owe a duty of care to trespassers, meaning they are not required to make their property safe for individuals who enter without permission.
However, landowners cannot willfully or wantonly cause harm to trespassers. An exception applies to child trespassers under the attractive nuisance doctrine.
If a property owner maintains a hazardous condition or structure that is particularly dangerous and enticing to children—such as an unsecured swimming pool or abandoned construction site—they may be held liable for injuries if they knew or should have known children were likely to trespass and be harmed.
Common Slip and Fall Causes
Some common slip and fall hazards include:
- Wet or slippery floors without warning signs
- Poorly lit areas, especially in stairwells or parking lots
- Broken or uneven flooring
- Loose mats or carpets
- Hazardous outdoor conditions like unremoved snow or ice.
Where Do Slips, Trips, and Falls Commonly Occur?
Slip and fall accidents can occur in various settings, such as:
- Retail stores
- Restaurants and bars
- Office buildings
- Apartment complexes
- Private residences
- Public sidewalks
Although liability standards can vary, Indiana premises liability law applies to private and commercial properties.
Who Can File a Claim After Getting Injured on Someone Else’s Property?
If you’ve been injured on someone else’s property due to unsafe conditions, you may have the right to seek compensation. Property owners and managers have a responsibility to maintain safe premises and address potential hazards. When they fail to do so, and their negligence results in injury, they can be held liable.
Whether you were visiting a business, staying at a rental property, or simply walking through a public area, you may have legal options if the property owner’s actions—or failure to act—put you in harm’s way. If you believe your injury was caused by unsafe conditions or negligence, contacting an attorney can help you.
Who Is Liable After an Accident?
Liability in a premises liability case depends on several factors, including the property owner’s responsibility to maintain safe conditions and whether negligence contributed to your injury. Potentially liable parties may include:
- Property Owners: Owners of residential, commercial, or rental properties can be held accountable if they fail to maintain safe conditions.
- Business Operators: Store owners, restaurants, and other businesses must ensure their premises are safe for customers and employees.
- Landlords and Property Managers: Those responsible for maintaining rental properties may be liable if they neglect repairs or fail to address known hazards.
- Government Entities: If a slip and fall occurs on public property, a city or municipality may be responsible for failing to maintain sidewalks, parks, or government buildings.
Potential Compensation Available
The specific amount you can recover depends on the severity of your injuries, the impact on your daily life, and the level of fault involved. Potential compensation may include:
- Medical Expenses: Coverage for emergency room visits, hospital stays, doctor’s appointments, surgeries, prescription medications, diagnostic tests (such as X-rays and MRIs), physical therapy, and future medical care related to your injuries.
- Lost Wages: If your injuries prevent you from working, you may be eligible to recover compensation for lost income, including wages missed during recovery, reduced earning capacity if you can no longer work the same job, and loss of future income if your injuries cause long-term disability.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by your injuries. This may include chronic pain, limited mobility, anxiety, depression, and the overall impact on your quality of life.
- Rehabilitation Costs: Expenses for physical therapy, occupational therapy, assistive devices (such as crutches, wheelchairs, or braces), and home modifications needed to accommodate your injuries.
- Home and Personal Care Assistance: If your injuries require help with daily activities, compensation may cover in-home nursing care, housekeeping assistance, and transportation services for medical appointments.
- Scarring and Disfigurement: If your slip and fall injuries result in permanent scars, burns, or disfigurement, you may be eligible for additional compensation to address the emotional and psychological impact.
- Loss of Enjoyment of Life: If your injuries prevent you from engaging in hobbies, exercise, social activities, or other aspects of life that you previously enjoyed, you may be entitled to compensation for this loss.
A premises liability lawyer can help evaluate the full extent of your damages and ensure that you pursue the maximum compensation available under Indiana law.
The Process of Filing a Premises Liability Lawsuit
Filing a premises liability lawsuit involves several key steps. To build a strong case, you must prove that the property owner’s negligence directly caused your injuries and that you suffered damages as a result.
If you were injured in a slip and fall accident, taking immediate action can help protect your legal rights. Here’s how to get started:
- Consult an Anderson, IN, Premises Liability Lawyer: An attorney can review your case, explain your rights, and guide you through the legal process.
- Gather Evidence: This includes photos or videos of the hazardous condition, medical records, witness statements, and accident reports.
- Document Your Injuries and Losses: Keep records of medical treatments, lost wages, and any impact on your daily life.
- File the Necessary Paperwork: A lawyer can help ensure all legal documents are completed and submitted correctly.
- Negotiate with the Insurance Company: Your attorney will communicate with the property owner's insurance provider to seek a fair settlement. If negotiations fail, they can take the case to court.
Under Indiana law, you have 2 years from the date of your injury to file a premises liability lawsuit. Failing to act within this deadline can result in losing your right to pursue compensation. Since gathering evidence and preparing a claim takes time, it’s best to seek legal help from an Anderson, IN, attorney as soon as possible after an accident.
How To Win Your Case
Winning a slip and fall case requires proving fault by demonstrating four key elements:
- Duty of Care: Property owners have a legal obligation to maintain safe conditions for visitors, with the highest duty owed to customers and invited guests.
- Breach of Duty: The owner failed to address or warn about a known hazard, such as wet floors, broken stairs, or poor lighting.
- Causation: The hazardous condition directly caused your injury, and evidence must link the fall to the property owner’s negligence.
- Damages: You suffered financial or personal losses, such as medical bills, lost wages, or pain and suffering.
Strong evidence is key to proving fault. Accident reports, photos, surveillance footage, witness statements, and medical records can help establish liability. Since property owners and insurance companies often try to shift blame, having an attorney on your side can strengthen your case and improve your chances of receiving compensation.
How Can a Lawyer Help?
A slip and fall lawyer in Anderson can assist with every aspect of your case, from investigating the accident scene to negotiating with insurers. We can help establish liability, evaluate damages, and ensure compliance with Indiana’s legal requirements.
Our Anderson Slip and Fall Attorneys
Anderson Premises Liability FAQs
The duration varies depending on factors like the complexity of the case and the willingness of the parties to negotiate. Our attorneys can provide a more tailored estimate during your consultation.
Not all cases require a court trial; many are resolved through settlements. However, if a fair settlement is not reached, a trial may be necessary.
We work on a contingency basis, meaning you only pay if we secure compensation for you.
Once a settlement is reached, the process of receiving funds typically takes a few weeks to a few months, depending on the complexity of the case.
Put A “Real Fighter” On Your Side!
Contact a Premises Liability Lawyer in Anderson Today
If you or a loved one suffered injuries in a slip and fall accident, don’t wait to take action. You may be entitled to compensation, but acting quickly is essential to protect your legal rights. At The Ken Nunn Law Office, our team is dedicated to helping personal injury victims pursue the justice and financial recovery they deserve.
Get started today with a free consultation. Call or fill out our online form to discuss your case with an experienced Anderson slip and fall lawyer. You pay nothing unless we win.