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When an accident or injury occurs to a visitor or tenant living on another person’s property, the owner of the property may be liable for damages if it can be proved that their negligence or misconduct led to the injury.
If you have been injured through a slip and fall accident at someone’s home or business that you believe may be a result of another person’s negligence, you have rights. Depending on the details of your case, you may be entitled to damages to recover the costs of medical bills, lost earnings, physical pain, disfigurement, emotional distress, or permanent physical disability.
There are many potential causes and types of slip and fall accidents. Common locations or causes of slip and fall accidents include the following:
To avoid slip and fall accidents, property owners should be aware of potential hazards and take measures to eliminate them. Slip and fall accidents tend to occur in private homes, stores, sidewalks, parking lots, restaurants, stadiums, and construction sites.
After experiencing a slip and fall accident, you should follow these important steps:
If you or a loved one has been injured in a slip and fall accident, you may be eligible to receive compensation. Compensation may be awarded in the following ways:
Damages or compensation awarded to slip and fall victims can depend on circumstances in which the accident occurred. Economic damages refer to compensation for medical bills or loss of income. Non-economic damages can be defined as any emotional distress, pain, or suffering by the victim and/or relatives. In addition, punitive damages may be compensated to the victim as punishment to the responsible party.
The deadline for filing a slip and fall lawsuit in the state of Indiana is two years from the date of injury.
In cases involving slip and fall accidents, plaintiffs generally must show the property owners either failed to maintain the property, created unsafe conditions which caused the injury, or knew about the dangerous premises or unsafe hazard but failed to alert visitors or tenants to those conditions.
Another important factor is whether the unsafe condition was permanent or temporary. In instances where the condition was temporary, the length of time it existed may have bearing on your ability to prove your case.
In slip and fall cases, the law also makes a distinction as to the nature of a visitor, who may be classified as an invitee, a licensee or a trespasser. Invitees and licensees generally have the property owner’s explicit or implicit permission to be on the property for personal or business-related reasons, whereas a trespasser is considered to be on the property without permission. This distinction can have a significant bearing on your ability to recover damages from the property owner.
If you or a loved one have been injured in a slip and fall accident due to a property owner’s negligence, you are urged to contact the Indianapolis Slip and Fall Attorneys of Wilson Kehoe Winingham. The premises liability lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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