Slip and Fall and Premises Liability Lawyers Serving Northwest Indiana

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)

Common Causes Of Slip And Fall Accidents

Most falls trace back to a hazard the property owner could and should have addressed. We regularly handle cases caused by:

Wet or slippery floors — spills, freshly mopped surfaces, leaks, and tracked-in rain or snow left without a warning sign
Ice and snow, particularly an “unnatural accumulation” created by poor drainage, a leaking gutter, or a negligently cleared lot or walkway
Uneven or broken walking surfaces — cracked sidewalks, potholes in parking lots, torn carpet, loose floor mats, and raised thresholds
Stairs and missing handrails, or steps that violate the building code
Poor lighting that hides a hazard in a stairwell, hallway, or parking area
Cluttered walkways and loose cords, often in stores and workplaces

These hazards show up in grocery and retail stores, restaurants, parking lots and garages, apartment complexes, hotels, and on commercial sidewalks. Slip and fall claims are part of the broader area of premises liability — a property owner’s legal duty to keep their premises reasonably safe for lawful visitors. Falls are also a leading cause of traumatic brain injuries and back and spinal cord injuries — serious harms that can carry lifelong costs.

What To Do After A Slip and Fall Accident

What you do in the minutes and days after a fall can determine whether you can prove your claim later. If you are able:

Report the fall. Tell the property owner, store manager or landlord and ask that a written incident report be created. Get a copy if you can.
Photograph the hazard. Take pictures of exactly what caused your fall — the spill, ice, torn carpet, uneven pavement or missing handrail — before it is cleaned up or repaired. These conditions often disappear within hours.
Identify witnesses. Get the names and phone numbers of anyone who saw you fall or saw the hazard.
Seek medical care. See a doctor promptly, even if you feel only sore. Fall injuries like concussions and back damage can worsen over days, and prompt records tie your injuries to the fall.
Preserve evidence. Keep the shoes and clothing you were wearing, and do not throw anything away.
Be careful what you sign or say. Do not give a recorded statement or accept a quick settlement from the property’s insurer before talking with an attorney.

What Do I Do If The Party I Am Filing A Claim Against Reaches Out To Me?

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.

Comparative Fault: Can You Still Recover If You Were Partly To Blame?

One of the most common defense tactics in a fall case is to argue that you were not watching where you were walking. Indiana follows a modified comparative fault rule: as long as you were not more than 50% at fault, you can still recover compensation, though your award is reduced by your share of the blame. If you are found 51% or more at fault, you recover nothing. Because a few percentage points can change your recovery dramatically — or eliminate it — how fault is investigated and argued matters enormously. We build the evidence that keeps responsibility where it belongs: on the property owner who allowed the hazard.

Deadlines: Indiana’s Statute Of Limitations

In most slip and fall cases, Indiana gives you two years from the date of your fall to file a personal injury lawsuit. Miss that deadline and you generally lose the right to recover at all. A critical exception applies when you are injured on government property — a city sidewalk, a public building, a county or state facility. The Indiana Tort Claims Act requires you to file a formal written notice within a much shorter window (as little as 180 days for a city or county). Because these deadlines are strict and the government notice rules are easy to miss, it is important to have your claim reviewed as soon as possible.

Leave 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 219-762-9538 or email us here. If we take the case, you will be charged NO fee unless and until there is a recovery.

Frequently Asked Questions

What do I need to prove in a slip and fall case?

You must prove the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors. You also need to show the condition caused your fall and resulting injuries. Evidence like incident reports, surveillance video, maintenance records, and witness statements are crucial.

How long does the property owner have to know about a hazard?

Indiana courts consider whether the hazard existed long enough that a reasonable property owner would have discovered and corrected it. Factors include the type of hazard, the property's traffic, inspection practices, and available evidence. An ice patch forming minutes before your fall is different from a broken handrail ignored for weeks.

Can I sue if I was partially at fault for my fall?

Yes, under Indiana's modified comparative fault rule. As long as you were less than 51% responsible, you can recover compensation reduced by your percentage of fault. Property owners often try to blame victims for not watching where they walked—we fight back against these tactics.

What if I fell at a business like a grocery store?

Businesses owe a high duty of care to customers. They must regularly inspect premises, promptly clean spills, maintain safe conditions, and warn of known hazards. Retail stores, restaurants, and other businesses have insurance specifically for these claims. We know how to pursue these cases effectively.

What compensation is available for slip and fall injuries?

You may recover medical expenses, lost wages, pain and suffering, and long-term care costs. Fall injuries like broken hips, head trauma, and back injuries can result in substantial damages, especially for older victims who face longer recovery times and increased complications.

What should I do immediately after a slip and fall accident?

Report the fall to the property owner or manager and ask that an incident report be created. If you can, photograph the hazard that caused your fall -- the spill, ice, broken step or uneven floor -- before it is cleaned up or repaired, and get the names of any witnesses. Seek medical attention promptly, keep the shoes and clothing you were wearing, and avoid giving a recorded statement to the property's insurer until you have spoken with an attorney.

How long do I have to file a slip and fall claim in Indiana?

In most cases you have two years from the date of the fall to file a personal injury lawsuit in Indiana. Important exceptions apply: if you were injured on government property, the Indiana Tort Claims Act requires you to give formal written notice within a much shorter window. Because these deadlines are strict, you should have your claim reviewed as soon as possible.

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