How Property Owners’ Liability Is Determined in Slip and Fall Cases
A sudden fall can change everything in seconds. One moment you’re running errands or visiting a friend, and the next you’re dealing with pain, medical visits, missed work, and a lot of unanswered questions. Slip and fall accidents often leave people feeling frustrated and overwhelmed, especially when the injury could’ve been prevented.
If you’re hurt, it’s normal to wonder whether someone else should be held responsible and what steps you can take next. You don’t have to sort through those concerns alone. Reach out to us to talk about what happened and what options may be available to you.
At Jay Lauer Attorney at Law, I help injured people in South Bend, Indiana, as well as Granger, Mishawaka, and communities throughout Northern Indiana, learn how liability works in slip and fall cases and how the law may apply to their situation.
I’ll explain how property owners’ liability is determined, what factors matter most, and how I help clients move forward with confidence. If this sounds like what you’re facing, reach out to me today to start the conversation.
What Property Owners Owe to Visitors
Property owners and occupiers have legal responsibilities toward people who enter their property. These duties vary depending on why someone was on the property at the time of the fall. In Indiana, the law generally groups visitors into categories, and each category comes with different expectations for the property owner.
For example, customers in a store or guests at an apartment complex are usually owed a higher duty of care than someone trespassing. That duty often includes keeping the property reasonably safe and addressing hazards within a reasonable time.
When I help clients, I focus on identifying the visitor’s status and what the owner was expected to do under the circumstances. A slip and fall claim often hinges on whether the property owner met (or failed to meet) these obligations. If a spill, broken step, or icy walkway was left unattended, that failure may point toward liability.
Talking through these details early with an experienced personal injury attorney at Jay Lauer Attorney at Law can help clarify whether a claim is worth pursuing, so reach out to me if you’re unsure where your situation fits.
Common Hazards That Lead to Slip and Fall Injuries
Slip and fall accidents don’t happen without a cause. They’re usually tied to hazards that could’ve been fixed or warned against. Identifying the hazard involved is a key step in evaluating liability. Some of the conditions I frequently see in these cases include:
Wet or freshly mopped floors without warning signs
Snow- or ice-covered sidewalks and parking lots
Uneven flooring, loose tiles, or torn carpeting
Poor lighting in stairwells or walkways
Broken or missing handrails
Cluttered aisles or walkways
These hazards may seem minor at first glance, but they can lead to serious injuries like fractures, head trauma, and back injuries. After reviewing the condition that caused the fall, I look at how long it existed and whether the owner knew—or should’ve known—about it.
How Knowledge and Notice Affect Liability
One of the most important questions in a slip and fall case is whether the property owner had notice of the hazard. Liability often depends on what the owner knew and when they knew it. Notice generally falls into these categories:
Actual notice: The owner or staff knew about the hazard, such as a reported spill or a previously noted repair issue.
Constructive notice: The hazard existed long enough that the owner should’ve discovered it through reasonable inspections.
For instance, if a grocery store employee saw a spill and didn’t clean it up, that points toward actual notice. If a spill sat on the floor for hours without inspection, constructive notice may apply. I help clients gather facts that show how long the hazard was present and whether reasonable steps were taken to address it.
Comparative Fault and Its Impact on a Claim
Indiana follows a comparative fault system, which means a person’s own actions may be considered when deciding liability and compensation. Property owners often argue that the injured person wasn’t paying attention or should’ve avoided the hazard. Some factors that may be raised when comparative fault is discussed include:
Wearing inappropriate footwear
Using a phone or being distracted
Ignoring warning signs or blocked-off areas
Entering restricted or poorly lit spaces
Even if some fault is assigned to the injured person, that doesn’t automatically end the case. As long as the injured person isn't found to be more than 50% at fault, compensation may still be available.
By addressing comparative fault early, clients are better prepared for what to expect during a claim. If you’re worried that the property owner may blame you for the fall, reach out to us to talk through those concerns.
Talk With an Attorney About Your Slip and Fall Case
Slip and fall injuries can leave lasting physical, emotional, and financial effects. You shouldn’t have to shoulder that burden if a property owner failed to keep their premises safe.
At Jay Lauer Attorney at Law, I’m committed to helping injured people in South Bend, Granger, Mishawaka, and throughout Northern Indiana pursue accountability and compensation after a fall.
If you’ve been hurt and have questions about property owners’ liability, now is the time to act. I’m here to listen, explain your options, and help you decide what comes next. Reach out to me today to schedule a consultation and start moving forward with confidence.