Slip and fall accidents are pretty common occurrences. Almost everyone has taken a nasty tumble at some point. While some people can laugh off their embarrassment, others are severely injured. In fact, falls are one of the leading causes of serious injury in the United States. Your injuries in a slip and fall accident are no joke, and you deserve compensation for your damages if the fall was due to someone’s carelessness.
Liability in a slip and fall accident is often determined by who owns the property where your accident happened. Slip and falls are premises liability cases, and the location of the accident and who was responsible for the property will affect your lawsuit. The property owner or operator is responsible for making the premises safe for guests and “invitees” like customers, and they can be held responsible for your injuries in many cases.
If you were hurt in a slip and fall accident, you have legal rights that shouldn’t be ignored. Our Fort Wayne, IN slip and fall attorneys are experienced and can work to get you the full compensation owed. Just call Wruck Paupore Injury Lawyers at (219) 322-1166 24-hours a day for a free case evaluation.
Slip and fall accidents can happen almost anywhere. Icy sidewalks, parking lots, wet floors, and uneven stairs are common locations for slip and falls. People often disregard these accidents as insignificant, but the truth is they can cause devastating injuries like broken bones and severe head trauma. Our Fort Wayne, IN slip and fall attorneys are experienced in obtaining settlements for the full amount of compensation owed by careless property owners.
Frequently, we can obtain recovery for our clients without even having to file a lawsuit. After speaking with out client for a case evaluation, we then start the process of investigating and proving how your accident happened, who is responsible, and proving the extent of injuries suffered and how it has impacted our client’s life. Effectively gathering this evidence and presenting it in the most persuasive way is critical to obtaining the best settlement as quickly as possible.
The owner or operator of the property where your slip and fall occurred can be held liable for your injuries in most cases. For example, the house insurance company of a home you were visiting when your accident happened may be responsible for compensating you. Alternatively, liability could fall on the shoulders of a store owner or business that failed to place a wet-floor sign after mopping up or not clearing ice and snow from walkways. Depending on where your accident happened, it might not be obvious who the property owner or operator is, but our Fort Wayne, IN slip and fall lawyers can conduct a full investigation to identify them.
Property owners are liable when their failure to maintain their property and remove hazards causes visitors or guests to slip and fall. Generally, your presence on the premises must be lawful for the owner to be held liable. This means that trespassers typically cannot sue negligent property owners for slip and fall accidents, barring special circumstances. It is also important to understand that a property owner must have acted unreasonably in failing to address any hazard at the property. This means that they either knew or should have known of the hazardous condition and railed to take reasonable steps to warn of the hazard or remove it.
Property owners are often liable for injuries sustained by invitees, like social guests or customers. They might also be responsible for people who are not explicitly invited to the property but can still be expected, such as a mail carrier who slips and falls on the front doorstep while delivering mail.
In some cases where the property is owned by one party but leased or rented by another, the renter could be liable in addition to, or instead of, the owner. This is common at commercial properties and apartments. It is important for you to discuss the details of your accident with an experienced attorney who can help you identify the appropriate responsible parties and begin the process of getting you a settlement that fully compensates you for your injuries.
Injuries from slip and fall accidents can be severe. It is not uncommon for slip and fall victims to sustain life-altering injuries or long-term disabilities. Possible injuries from a slip and fall accident may include but are not limited to the following:
Using your arms or legs to try and break your fall is a normal reaction but often leads to other serious injuries. For example, people who try to break their fall by sticking out their arms might injure their wrists, elbows, hands, fingers, or shoulders. The same can be said for your legs if you fall on your knees or roll, sprain, or fracture your ankle.
Our Fort Wayne, IN slip and fall lawyers can help you assess your injuries and get an accurate idea of your damages. If you have not done so already, you should see a doctor about your injuries. Your medical records will be of the utmost importance to your damages claims.
Indiana follows a “modified comparative negligence” rule. Under Indiana Code § 34-51-2-5, your damages may be reduced in proportion to your share of responsibility for the accident. Once a plaintiff shares more blame than the defendant, they are barred from recovery. Essentially, you must be no more than 50% responsible for your own accident to recover compensation.
It is important to keep this rule in mind because the defendant might use it against you. The defendant might argue that you behaved carelessly when the accident happened, and you are to blame for your own injuries. They frequently claim any defect, such as wet floors, ice, or other hazards were obvious and should have been avoided.
For example, a person who tried to walk up the stairs on roller skates might be responsible and not the property owner. However, someone whose injuries occurred because they panicked when they slipped on the stairs should not be deemed responsible for that reasonable reaction – the property owner should be liable for the slippery steps.
We are prepared for this common defense and have developed proven strategies for dealing with unfounded claims that it was our client’s behavior that caused the slip and fall accident. By pointing to the defendant’s own failure to maintain the premises, applying established safety standards, we frequently show that it was, in fact, the defendant’s negligence that caused the accident and that it would have been avoided if the property owner acted appropriately.
If you were recently injured in a slip and fall accident, you could file a personal injury lawsuit to get compensation for your injuries. Our Fort Wayne, IN slip and fall lawyers can help you get your damages covered. Call Wruck Paupore at (219) 322-1166 for a free case evaluation.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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