“Premises liability” is a legal term that means property owners have a responsibility to keep their property safe for anyone that has entered their property for any reason. In the context of premises liability cases, “negligence” is a failure to exercise the level of care that a reasonably prudent person should have exercised under similar circumstances.

To prove negligence in a slip and fall case, the injured person must demonstrate four key elements:

Duty

You must show that the property owner (or whoever controlled the premises) owed you a legal duty of reasonable care. This typically depends on why you were on the property—owners generally owe the highest duty to invitees.

Breach

Next, you must prove the property owner failed or breached that duty by failing to maintain safe conditions. This could mean not cleaning up a spill, failing to repair a broken step, or not posting warnings about a known hazard.

Causation

Then, you have to establish that this breach directly caused your accident and injuries. Witness statements can be crucial in proving causation and succeeding in a personal injury claim.

Damages

You must show that you suffered real losses as a result, such as bills for medical attention, lost wages, or pain and suffering. Without documented damages, there’s no basis for a compensation claim, even if negligence occurred.

A slip and fall case typically falls under the broader category of premises liability law. This type of claim arises when a person is injured due to a hazardous or dangerous condition on someone else’s property. To hold the property owner liable, the injured party must generally prove that the owner was negligent and failed to exercise reasonable care in maintaining their property, like a swimming pool or walkway, and that this negligence directly caused the injury.

Slip and fall accidents can happen in many ways, from icy steps outside a store to a wet floor in a stairwell. These accidents usually stem from unsafe or hazardous conditions that a property owner failed to address. While owners can’t prevent every hazard, they’re expected to maintain safe premises—which is why liability coverage exists.

Watch out for these risky conditions on someone else’s property:

• Poor lighting: Dimly or unlit areas can hide changes in elevation or objects on the floor, leading to preventable accidents in hallways, construction zones and parking lots. This condition is also a source of inadequate security.
• Wet and slippery surfaces: Freshly mopped floors without warning signs, tracked-in rain or snow, or swimming pool areas not properly monitored all increase the risk of falls.
• Uneven surfaces: Cracked pavement, loose floorboards, torn carpets, or uneven thresholds can easily trip someone.
• Cluttered walkways: Aisles or walking surfaces blocked by merchandise, equipment, or debris pose dangerous conditions.

A wide range of dangerous conditions can lead to a slip and fall accident on another’s property. While wet floors and uneven surfaces are common culprits, other factors can also contribute to a fall.

For example, a fall can occur due to a lack of handrails on a staircase, a broken or defective step, or a pothole in a parking lot. In some premises liability cases, a fall accident may be caused by a combination of factors, such as a lack of proper lighting and the cluttered walkway of a business owner.

The injuries sustained in a slip and fall accident can range from minor to severe and can have a lasting impact on a person’s life. Some of the most common injuries caused by a slip and fall accident that could lead to a serious injury include:

• Spinal Cord Injuries
• Broken Bones
• Head Injuries
• Soft Tissue Injuries

What you do after a slip and fall can make or break your premises liability claim. Acting quickly helps protect your rights and preserves key evidence for a strong claim against the insurance company and liable party.

Get Medical Care

Your health comes first. Even if you feel okay, see a doctor—some injuries like head trauma or internal bleeding might not show up right away. Seeing a doctor also creates an official record linking your injuries to the accident. Save your medical records.

Report It

Let the property owner or manager know what happened immediately. If it’s a business, ask to file an incident report and get a copy. It’s the owner’s duty to do this and ensure there’s a formal record.

Document Everything

Take photos of what caused your fall—like wet floors or broken steps—and try to get names and contact info for people who saw what happened. Witness statements could be crucial later in proving who is the responsible party and should be held liable in your premises liability case.

If you’re injured on someone else’s property your right to compensation through a premises liability claim depends on Indiana’s classification of visitors to a property. These categories include:

Invitee: Someone on the property for a purpose that benefits the owner, like customers in a shop or clients at an office. Property owners owe the highest duty of care, meaning they must actively look for dangerous conditions, fix them, or provide clear warnings.

Licensee: A person visiting for their own reasons with permission, such as a friend stopping by. Property owners must warn licensees about known dangerous conditions that aren’t obvious, but they don’t have to regularly inspect for new risks.

Trespasser: Someone on the property without permission. Owners generally only need to avoid willfully causing harm or setting traps. Under Indiana’s attractive nuisance rules, owners may still be liable if something on their property lures a child who gets hurt, even if the child was trespassing. The property owner may not use intentional harm to repel a trespasser. They may use “justifiable force” for this purpose (such as a barbed wire fence).

If your slip and fall occurs at work, you are generally entitled to workers’ compensation benefits. These benefits can cover your medical expenses and a portion of your lost income. However, if your claim is denied, it is important to speak with an experienced personal injury lawyer who can help you appeal the decision, especially if your premises liability claim is against a government entity or government agency.

In some cases, a third party may be responsible for the hazardous condition that caused your fall. In this situation, you may be able to file a personal injury lawsuit against the liable parties in addition to your workers’ compensation claim. This can allow you to recover compensation for damages such as pain and suffering from the legally liable parties.

If you’ve been hurt in a slip and fall because of a government entity or property owner’s negligence, you may be entitled to compensation under premises liability law. These damages are meant to help you get back on your feet and generally fall into two categories: economic and non-economic.

Economic damages cover the direct financial impact of your injuries. This includes medical bills for hospital stays both now and in the future. It also covers lost income if you’ve been unable to work.

Non-economic damages compensate for more personal losses and emotional suffering.

For most personal injury cases, including slip and fall claims, you have two years from the date of the accident to file a lawsuit and pursue a premises liability case. If you fail to file a lawsuit within this time frame, you will likely lose your right to seek compensation for your injuries.

However, there are exceptions. For example, if the injured person is a minor, the statute of limitations may be extended. If your liability claim is against a government entity, you must file a “tort claim notice” within a much shorter time frame.