Getting Back Up After A Premises Liability Injury
An injury on someone else’s property, whether it was caused by a slip-and-fall or other unsafe conditions, may mean the property owner or occupant is liable for the cost of your recovery. Identifying the liable party and pursuing fair compensation against them is difficult, especially on your own. Instead of trying to manage your case on your own, let a skilled personal injury team take care of things.
At Harper and Harper, LLC, our attorneys have more than 100 years of combined experience representing clients throughout northwestern Indiana with their personal injury claims. We know how to pursue the ideal outcome in these cases because we understand the details needed to establish a property owner or manager was at fault.
What You Should Know About These Accidents
According to the CDC:
- One out of five falls causes a serious injury such as broken bones or a head injury.
- Each year, 3 million older people are treated in emergency departments for fall injuries.
- Over 800,000 patients a year are hospitalized because of a fall injury, most often because of a head injury or hip fracture.
- Each year at least 300,000 older people are hospitalized for hip fractures.
- More than 95% of hip fractures are caused by falling, usually by falling sideways.
- Falls are the most common cause of traumatic brain injuries (TBI).
- In 2015, the total medical costs for falls totaled more than $50 billion. Medicare and Medicaid shouldered 75% of these costs.” (“Important Facts about Falls.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 10 Feb. 2017, http://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html.)
The duty of care a property owner has to someone injured on their property generally depends on whether the injured person had permission, or was invited, onto the premises. For example, a customer who enters a fast food restaurant to purchase lunch would be considered an invitee. The law in Indiana says an owner or occupant of property is liable for injury caused to an invitee by the property’s condition only if the owner or occupant:
- Knew that the condition existed and realized that it created an unreasonable danger to an invitee, or should have discovered the condition and its danger.
- Should have expected that the invitee would not discover or realize the danger of the condition, or would fail to protect himself or herself against it.
- Failed to use reasonable care to protect the invitee against the danger. (1 Indiana Model Civil Jury Instructions 1929)
What Do You Do If The Party You Are Filing A Claim Against Reaches Out To Ye?
If anyone involved with the defense’s side of your injury claim reaches out to you, only speak to them with a lawyer present. Saying the wrong thing to the wrong person can result in you receiving less than you deserve in your claim. As your advocates, we can help you avoid these critical mistakes.
Let Your Claim To Us
If you or someone you love has been injured as a result of a fall on an unnatural accumulation of ice, a defective condition or another’s negligent act, we may be able to help. Call us for your free, initial consultation at 219-733-8837 or email us here. If we take the case, you will be charged NO fee unless and until there is a recovery.