We have all undoubtedly seen the commercials where people “have fallen but can’t get up.” We have also all experienced a moment in our lives where we have fallen because of our own clumsiness. But what about those who slip and fall because of someone else’s actions, or lack thereof?
Slip and fall cases in Indiana are very common, however, they are the most difficult cases to prove as a victim. Oftentimes, the most difficult issue to overcome as a victim of a slip and fall is the common misconception that many tend to have, which is the abuse of the legal system. Oftentimes opposing counsels will get up and tell a jury that the victim should have been “looking where they were walking.” This typically does not make much sense given that the natural position to look while walking is straight ahead, NOT straight down at your feet. Something to keep in mind is that the layout of every store is to get you to look up or forward. Stores will typically charge more for merchandise that is placed at eye level in order to keep you from “looking where you are walking.”
When attempting to win a legal battle against a store or other business, the most difficult legal task will be proving the negligence. As a general matter, all businesses are required to maintain their property in a reasonably safe condition. Just because one falls at a business does not automatically mean that business is at fault. Proving the liability of the business means that one would have to show that the business knew, or should have known, of the unreasonably unsafe condition.
For example, let’s say that a can leaked some slippery substance on the floor in a grocery store and you happen to slip and fall on it and suffer an injury. In Indiana, it’s not always about what the substance is that caused you to fall, but how long it has been there, or how it got there. Now it is important to know that one must know what caused them to fall. But to get over the second hurdle – how long the object had been there – is a fact sensitive investigation. But these are the crucial questions that must be answered in order to recover on a slip and fall case.
If you have been a victim of a slip and fall on someone else’s property, or you know someone who has, it is extremely important to immediately get as much information and details about what happened. This includes gathering information about what caused the fall, how long the item has been there, and whether there were any witnesses to the fall. It is always advisable to document the fall as well, tell a store manager or the property owner and make a report.
If you have slipped and been injured on someone’s property, the Attorneys at Marc Lopez Law are standing by to help you evaluate your case, and zealously represent you from start to finish. Call us today at 317-296-3065 for a free initial consultation.