A slip and fall can happen almost anywhere in Lake County, Indiana—from a wet grocery store floor to an uneven sidewalk, poorly maintained parking lot, or hazardous entrance. When a fall occurs because of a dangerous condition on someone else’s property, Indiana premises liability law may allow an injured person to pursue compensation. However, these cases are not automatically the property owner’s responsibility. Indiana law looks closely at why the injured person was on the property, what duty the property owner owed, whether the owner knew or should have known about the hazard, and whether the injured person also contributed to the accident. If you were injured in a fall at a business, shopping center, restaurant, apartment complex, or other property in Lake County, consulting a slip and fall lawyer in Lake County, Indiana may help you understand your legal options.
Read on for this guide from the Crown Point slip and fall lawyer team at Lerner and Rowe.
How Indiana Slip and Fall Law Differs from Illinois
Indiana takes an approach to premises liability that can be different from the law people may encounter across the state line in Illinois.
Indiana analyzes premises liability claims using the traditional common law classifications of invitee, licensee, and trespasser. The classification of the person who entered the property can affect the duty owed by the property owner or occupier.
Indiana courts have repeatedly recognized that the visitor’s status determines the nature and extent of the landowner’s duty when it comes to property owner negligence in Indiana.
This distinction matters in Lake County because many residents regularly travel between Indiana and Illinois. Someone who has previously encountered Illinois premises liability rules should not automatically assume that the same legal standards apply to a fall in Merrillville, Crown Point, Gary, or another Indiana community.
For an Indiana slip and fall claim, determining visitor status is often one of the first steps in evaluating whether a property owner may be liable.
What Duty Does a Property Owner Owe You?
Invitees
An invitee generally enters property because the property owner or occupier has invited the person onto the property, including customers entering a store open to the public.
Business customers are a common example. If you enter a retail store in the Southlake Mall area to shop, you will generally be considered an invitee.
Indiana law imposes the highest duty of care on invitees. Property owners and occupiers generally must exercise reasonable care for an invitee’s protection while the person is on the premises.
For dangerous conditions, Indiana follows the framework of Restatement (Second) of Torts § 343. A property owner may be liable when it knows or, through reasonable care, should discover an unsafe condition, should realize that the condition creates an unreasonable risk of harm, and fails to exercise reasonable care to protect invitees from that danger.
Importantly, this does not mean businesses guarantee that customers will never fall. Indiana courts have emphasized that a landowner’s duty is one of reasonable care, not a guarantee of safety.
Licensees
A licensee has permission to be on the property but generally enters for the person’s own purposes rather than as a customer or other invitee.
Indiana imposes a lower duty toward licensees. Generally, a property owner must refrain from willfully or wantonly injuring a licensee and must warn of latent dangers of which the owner has knowledge.
Because visitor status can sometimes be disputed, an injured person’s reason for being on the property and the circumstances surrounding the visit may become important evidence in a premises-liability claim.
Trespassers
A trespasser generally enters property without permission or legal authorization.
Indiana law generally provides the least protection to trespassers. The property owner’s duty is generally limited to refraining from willfully or wantonly injuring the person after discovering the trespasser’s presence.
There can be exceptions and special circumstances, such as a child trespasser, so someone who was injured while allegedly trespassing should not assume that they automatically have no legal claim.
Slip and Fall Lawyer in Lake County, Indiana: What’s Constructive Notice?
One of the most important issues in many Indiana slip and fall claims is notice.
It is not enough to show that a dangerous condition existed. Depending on the circumstances, an injured invitee generally must establish that the property owner or occupier had actual or constructive knowledge of the hazard and failed to take reasonable steps to address it.
Actual notice means the property owner or an appropriate employee actually knew about the dangerous condition.
For example, an employee at a retail store might be told that a liquid was spilled in an aisle but fail to clean it up or warn customers.
Constructive notice is different. It concerns circumstances in which the dangerous condition existed long enough, or under circumstances sufficient, to show that the property owner should have discovered it through reasonable care.
For a premises-liability claim involving a dangerous condition on the land, Indiana courts generally require proof that the invitor had actual or constructive knowledge of the condition.
This can make evidence particularly important.
Consider a hypothetical fall at a business along the US-30 commercial corridor in Merrillville. If a customer slips on a puddle, several questions may become important:
- How long had the liquid been on the floor?
- Had employees walked through the area before the fall?
- Was the condition visible?
- Were there prior complaints about the area?
- Did employees perform regular inspections?
- Was the hazard captured by surveillance cameras?
- Did employees create the dangerous condition?
- Was an incident report completed?
- Did anyone witness the spill before the accident?
A property owner may argue that the hazard appeared only moments before the fall and that there was not enough time to discover and correct it. Evidence showing that the condition existed for longer could support an argument for constructive notice.
Slip and Fall Lawyer in Lake County, Indiana: Evidence that Helps
Slip and fall cases can become difficult when important evidence disappears after the accident. Taking steps to preserve evidence as soon as possible can therefore be critical.
Incident Reports
If you report the fall to a store, restaurant, property manager, security guard, or other employee, ask whether an incident report was created.
Do not assume the report will contain everything you remember. Write down your account of what happened as soon as possible, including the location of the fall, what caused it, who was present, and what employees said.
Surveillance Video
Security camera footage can be extremely valuable because it may show:
- The condition that caused the fall
- How long the hazard was present
- Employees walking past the hazard
- Whether employees inspected or cleaned the area
- The fall itself
- What happened immediately afterward
Businesses may routinely overwrite surveillance footage, sometimes within days. Because retention policies vary, an injured person should not assume that video will remain available indefinitely. In practice, preservation should be requested as quickly as possible rather than waiting weeks or months.
Photographs
Photograph the dangerous condition if you can do so safely. Take pictures from several angles and, when possible, include something that helps demonstrate the size or location of the hazard.
If you cannot take photographs immediately because you need medical attention, ask whether a witness or family member can document the scene.
Witness Information
Names and contact information for people who saw the fall or the dangerous condition may become important for a personal injury claim later.
A witness could potentially confirm that a spill, obstruction, broken surface, or other hazard was present before the accident.
Medical Records
Seek appropriate medical attention after a serious fall. Medical records can document the nature and extent of your injuries and connect your treatment to the accident. This can be especially important if you suffer a bone fracture, spinal injury, or any other catastrophic injuries.
Keep copies of bills, discharge instructions, prescriptions, diagnostic imaging, therapy records, and other documentation related to the injury.
How Comparative Fault Can Affect an Indiana Slip and Fall Claim
Property owners and insurance companies do not always accept responsibility after a slip and fall. One defense may be to argue that the injured person was careless and contributed to the accident.
Indiana’s comparative-fault statute, IC 34-51-2, allows fault to be allocated among the parties in an action based on fault. Under IC 34-51-2-6, a claimant is barred from recovery when the claimant’s contributory fault is greater than the fault of the other person or individuals whose fault proximately contributed to the damages.
This means an insurance company could argue that you should have noticed the hazard, were distracted, were not paying attention, or otherwise contributed to your injuries.
For example, a business might argue that a customer was looking at a phone instead of watching where they were walking. Another defense might involve footwear, lighting conditions, warning signs, or the visibility of the hazard.
The strength of such an argument depends on the evidence. A property owner cannot simply avoid responsibility by claiming that the injured person was careless.
An Indiana premises liability attorney in Merrillville can review the circumstances and help determine how comparative fault slip and fall in Indiana arguments could affect a potential claim.
Indiana’s Two-Year Deadline for Slip and Fall Claims
Indiana generally provides a two-year statute of limitations for actions involving injury to a person under IC 34-11-2-4.
The statute states that an action for injury to a person or personal property generally must be commenced within two years after the cause of action accrues.
This is commonly referred to as Indiana’s two-year personal injury deadline.
However, the applicable deadline can depend on the circumstances of the claim. Different rules may apply to claims involving government entities or other special circumstances.
Do not wait until the slip and fall claim under the Indiana two-year deadline is approaching to investigate a slip and fall. Evidence can disappear long before a lawsuit would need to be filed.
Slip and Fall Lawyer in Lake County, Indiana FAQs
1. What does a Crown Point slip and fall attorney do?
This type of lawyer handles injury claims involving dangerous conditions on another person’s property. In Indiana, these cases may involve premises liability and require an analysis of visitor status, the property owner’s duty, actual or constructive notice, causation, damages, and comparative fault.
2. How long do I have to file a slip and fall claim in Indiana?
Indiana generally gives an injured person two years to commence an action for personal injury under IC 34-11-2-4. However, exceptions and special deadlines can apply, particularly when a governmental entity is involved.
3. What is constructive notice in an Indiana slip and fall case?
Constructive notice generally concerns whether a property owner should have discovered a dangerous condition through reasonable care. Evidence about how long a hazard existed, employee inspections, prior complaints, surveillance footage, and the condition itself may become relevant.
4. Can I recover compensation if I was partly responsible for my fall?
Possibly. Indiana uses a comparative fault system for actions based on fault. However, if the claimant’s contributory fault is greater than the fault of the other persons whose fault contributed to the damages, Indiana law bars recovery under IC 34-51-2-6.
5. What evidence should I preserve after a slip and fall?
Photographs, surveillance footage, incident reports, witness information, medical records, bills, and communications with the property owner or insurance company can all be important. Because businesses may overwrite surveillance footage according to their retention policies, preserving potentially relevant video as soon as possible can be particularly important.
Contact a Slip and Fall Lawyer in Lake County, Indiana
A serious slip and fall can leave you facing medical bills, lost income, pain, and uncertainty about what to do next. Indiana premises liability law can also be complicated because the property owner’s duty may depend on whether you were an invitee, licensee, or trespasser, while questions about actual or constructive notice and comparative fault can significantly affect a claim.
If you were injured because of a dangerous condition on someone else’s property in Merrillville, Crown Point, or elsewhere in Lake County, the Crown Point personal injury lawyers at Lerner and Rowe can review the circumstances of your accident and discuss your legal options.
Call the Merrillville office, fill out our online contact form, or use LiveChat to connect. There is no fee unless we recover money for you.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.