Indiana Slip And Fall Legal Questions

The success of your case depends on the 1) negligence of the store and 2) the extent of your damages. There is no strict liability. You have the burden to prove that there was a dangerous condition at the store premises that caused your damages. Further that the store knew or should have known about the dangerous condition but did not take measures to remove the risk to its customers. ... Read Answer

We aren't allowed to recommend lawyers on this site, but a simple google search for Gary Personal Injury Lawyer should give you some options. I hope this helps. Also, there is a 2 year statute of limitations on these types of claims so you need to speak with someone in the near future. ... Read Answer

Dear Anonymous, I am sorry to hear about your injury, but your question brings up a lot of issues that may be relevant to many others on this site.  You tripped and fell over a concrete barrier in your father-in-law's garage, but just because it happened at his house, does not mean he is responsible.  To prevail on a negligence claim in Indiana you would have to prove that your father-in-law did something wrong.  If the barrier was open and obvious, and you just failed to notice it, then it is not likely you could prevail if you were to file a claim.  But, if the barrier was hidden, or placed there in such a way for it not to be readily seen by his guests, then you may have a viable claim.  As a homeowner, your father-in-law has a responsibility to keep his property reasonably safe from unseen defects for his invited guests.  If he does not, he may be found to be negligent.  However, there is coverage under most homeowner's insurance policies for medical payments for persons who might be injured on your property.  This "med pay" coverage is available no matter who was at fault.  The limits of most med pay policies are usually fairly small ($5,000 - $10,000), but this may be helpful in paying for some of your medical bills, and it would not require filing a lawsuit against your family member, which can be a very delicate proposition. All you need to do is notify the homeowner's insurance carrier and let them know what happened and submit your medical bills to them. If you have already paid the bills out of pocket, you will be reimbursed up to the limits of the med pay coverage.  If your health insurance company has paid the bills, then they would be reimbursed directly from your father-in-law's insurance company.  Your father-in-law should not have a problem with you making a med pay claim, as that is a coverage that he has paid for, and your injury at his home is precisely the reason that he has such coverage.   Best, Chip Clark  ... Read Answer

Dear Shelia,   The statute of limitations to file a law suit for personal injury in Indiana is 2 years from the date of the accident.  If you do not file a lawsuit within that time period, your claim will be forever barred.  There are some exceptions to this general rule, for example a child who is negligently injured may have until 2 years after they reach the age of majority (18).  Because there are many nuances to filing a personal injury claim, it is important to discuss your case with an experienced personal injury attorney.   Best,   Chip ... Read Answer

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... Read Answer

You should definitely alert Circle K to the situation if you have not already.  Most commercial liability policies will have a Medical Payments provision that will pay for your medical expenses, up to a certain amount (usually $5,000.00) if you are injured on their premises.  Beyond that, Circle K may have some additional liability if there was a dangerous condition on their property that they knew, or should have known, about.  Depending on the severity of your wife's injuries, it may be worthwhile for you to pursue.... Read Answer