Get The Legal Help You Need And Deserve After A Slip-And-Fall Accident
Slipping and falling is often thought of as an embarrassing yet minor accident. But make no mistake: A slip and fall can result in serious injuries, including traumatic brain injuries, damage to the spinal cord and more. If you were hurt in a slip-and-fall accident caused by the negligence of a property owner, you have the right (and likely the need) to seek full and fair compensation.
In northwest Indiana, the natural choice for representation is Hilbrich Law Firm. Our firm has been serving the area since 1952, and we offer knowledgeable, experienced and aggressive advocacy to those who have been injured. We are ready to answer your questions about slip-and fall-accidents and help you hold negligent property owners accountable.
Proving Negligence In A Slip-And-Fall Case
In Indiana, you must prove these four elements when establishing liability for a slip-and-fall accident:
- The property owner owed you a duty of care: This is easy to establish in most cases, particularly if you were a customer in a store or restaurant.
- The property owner breached that duty of care: You must show that the property owner/manager did something or failed to do something that put you in danger, such as failing to clean up a spilled liquid despite knowing about it and having time to do so.
- Your injuries were a direct result of the property owner’s breach of duty: You would not have slipped and fallen if the property owner would have addressed the hazard as they were legally obligated to do.
- You suffered injuries and losses as a result of the accident: Losses may include medical bills, lost wages, pain and suffering and more.
While these four elements may seem straightforward, it is not always easy to prove negligence on your own. It is best to work with an experienced attorney, like those at our firm, who can clearly demonstrate why the property owner was to blame and why you are entitled to compensation.
Defenses Property Owners May Try To Assert
Another reason you need an attorney is that property owners (and their insurers) will likely try to dispute liability. Some of the most common arguments are discussed below:
- Alleging that the hazard was open and obvious: This defense asserts that the hazard was plain and easy to see. Therefore, you could only miss noticing it if you weren’t paying any attention.
- Alleging that you were partially or fully at fault: Maybe you were walking too quickly or not wearing appropriate shoes. Maybe you were on your phone and paying no attention to your surroundings. Even if these arguments are disingenuous, defendants may assert them in an attempt to limit their own liability.
- Alleging that the defendant didn’t know about the hazard and/or have time to address it: You may need to use security camera footage and eyewitness accounts to prove that the hazard existed long enough for the property owners/managers to discover it and have a chance to address it.
If successful, any of these defense strategies could limit your financial recovery or bar you from recovering anything. Our attorneys work tirelessly to challenge these defenses and keep the blame where it belongs: On the defendants.
Discuss Your Case With An Attorney For Free
With offices in Crown Point, Highland and Portage, Hilbrich Law Firm serves clients across northwest Indiana. To take advantage of a free initial consultation, call us at 219-444-4330 or reach out online.