Slip and fall accidents can happen in the blink of an eye. One minute you’re walking through a grocery store, parking lot, or someone’s front porch, and the next you’re on the ground in pain. If this has happened to you, you might be wondering what your options are and whether the law is on your side.
What Counts as a Slip and Fall
In Indiana, a slip and fall happens when someone falls and gets hurt on another person’s property. This can be due to wet floors, ice, uneven pavement, loose steps, or anything else that makes walking unsafe. If the property owner knew about the danger and didn’t fix it or warn you, they may be responsible.
You don’t have to prove they did it on purpose. You only have to show that they didn’t take care of the property the way they should have. That means keeping floors clean and dry, fixing broken stairs, or putting up signs when something is being repaired.
What the Law Says
Indiana law says property owners must exercise reasonable care to keep their places safe for visitors. This means stores, restaurants, apartment buildings, and even homes have a duty to look out for hazards. If they fail to do that, and you get hurt, you may be able to hold them accountable.
But the law also looks at what you were doing. Were you paying attention? Were you somewhere you were allowed to be? If you were acting safely and still got hurt, you likely have a strong case.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
What to Do if You Fall
If you slip and fall, your first job is to get medical help. Go to the doctor, even if you think you’re okay. Some injuries, like sprains or back problems, can take a day or two to show up.
Next, report the fall to the property owner or manager. If it happened in a store or public place, ask for a copy of the incident report. Take pictures of where you fell and what caused it. If anyone saw it happen, get their name and number. Don’t throw away your shoes or clothes. They can show what you were wearing and help prove your case.
Time Limits Matter
In Indiana, you don’t have forever to take action. Most slip and fall claims have to be filed within two years of the accident. That might sound like plenty of time, but building a strong case takes work. The sooner you talk to a lawyer, the better your chances. If the fall happened on government property, like a sidewalk or school, the rules are even stricter. You only have 180 days to file a Tort Claim Notice which must be done before you are allowed to file a lawsuit. If you miss this deadline, you cannot pursue your case. That’s why it’s smart to act fast.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
How Fault Is Decided
Indiana uses what’s called modified comparative fault. That means the court will look at how much of the fall was your fault, and how much was the property owner’s.
If you’re more than 50 percent to blame, you can’t win any money. But if you’re less than that, you can still win something. Say you’re found 30 percent at fault. That means the money you’re awarded will be cut by 30 percent. This rule makes it very important to have a lawyer who can show the fall wasn’t mostly your fault.
How Property Owners Try to Defend Themselves
When someone gets hurt in a fall, property owners don’t usually admit fault right away. They may say they didn’t know about the danger or that you weren’t watching where you were going. They might even claim the hazard was obvious and that you should have avoided it.
In some cases, they clean up the area quickly or fail to take photos, making it harder to prove what happened. That’s why your photos, witness statements, and medical records are so important. A lawyer can help gather this evidence before it disappears.
Property owners often work with insurance companies who are trained to deny or reduce claims. They might offer you money right away, hoping you’ll accept before knowing how bad your injuries really are. Once you sign, you may give up your right to ask for more. This is why talking to a lawyer first can save you from a costly mistake.
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What to Know About Insurance Claims
Most slip and fall cases are handled through the property owner’s insurance. But just because you’re hurt doesn’t mean the insurance will pay easily. They may argue that your shoes were the problem, or that you weren’t careful.
You might get a call from the insurance company asking for a recorded statement. Be very careful with this. They can use your words against you later. It’s best to speak with a lawyer before giving any statements or signing anything. A lawyer can speak to the insurance company for you and make sure they don’t take advantage of you. They know how to push back and demand fair treatment.
Types of Places Where Falls Happen
Slip and falls can happen almost anywhere. Stores, restaurants, gas stations, parking lots, office buildings, rental homes, and public sidewalks are all common places where people get hurt. Each place comes with different rules and responsibilities.
For example, if you fall in a store, the owner is usually responsible for keeping the floors clean and safe. If you fall at someone’s home, the homeowner still has a duty to warn you about hidden dangers. When falls happen on public property like parks or sidewalks, special laws apply. You may need to file extra paperwork, and the deadlines are much shorter. That’s another reason to act fast.
When a Lawyer Can Help
A good lawyer can take the stress off your shoulders. They’ll gather the facts, talk to witnesses, and work with doctors to understand your injuries. They’ll also deal with insurance companies who might try to pay you less than you deserve. A lawyer can also explain your choices and fight for what’s fair. Whether that means a settlement or going to court, they’ll be there for you the whole way.
Don’t Wait to Get Help
A slip and fall can turn your life upside down. Medical bills pile up. You miss work. Simple tasks become hard. You need someone who understands the law and knows how to help. At Wyant Law, we help people across Indiana who’ve been hurt in falls. We know what it takes to win these cases, and we treat our clients with care and respect. If you or someone you love has been hurt in a slip and fall, reach out today. Let us look at your case and give you clear advice about your next step. You don’t have to go through this alone.