Penny,
A business in not responsible for an injury to one of its customers unless it was negligent in some way. You acknowledge that it was your own carelessness that resulted in your fall. In personal injury cases against a private entity such as a business, Indiana's law of comparative fault would apply. What that means is that a jury would be required to apportion fault between you and the business where you fell. If a jury were to determine that you were more at fault than the business, the business would not be responsible. However, if the business was found to be more negligent than you, and their negligence was a direct (proximate) cause of your fall, then you would be entitled to recover damages from the business including your medical expenses, lost wages (if any) and pain and suffering. Your damages would be reduced by any portion of fault that the jury determines was attributable to you. Therefore, if the jury found that you were 49% at fault, and the business was 51% at fault, and your total damages were $1,000, the jury would enter a verdict in favor of you, and against the business, in the amount of $510.00. If the jury found that you were 51% or more at fault, you would get zero.
Now, having said all of that, many businesses carry insurance called "medical payments coverage," that will pay for medical expenses irrespective of who was at fault. Usually those limits are relatively small, but that coverage might apply to pay for any medical expenses you have incurred even if you were the one responsible for your injuries.
Chip Clark
Answered on Nov 17th, 2015 at 12:21 PM