Slip & Fall in Indiana
If you were injured in an Indiana slip & fall, you have legal rights and deadlines to protect.
What you should know
Indiana premises liability depends on the visitor's status. The 2-year deadline under IC 34-11-2-4 applies.
What typically causes them
- Wet or slippery floors without warning signs
- Uneven surfaces, broken sidewalks, or potholes
- Poor lighting in stairways or walkways
- Torn carpeting or loose floor mats
- Ice and snow accumulation on walkways
- Debris or obstacles in walking paths
- Defective or broken stairs and handrails
Injuries we see
- Hip fractures and pelvic injuries
- Traumatic brain injuries and concussions
- Spinal injuries and herniated discs
- Broken wrists and arm fractures
- Knee injuries and torn ligaments
- Shoulder injuries and rotator cuff tears
- Ankle fractures and sprains
Steps to take after a slip & fall
- 1
Seek immediate medical attention and document all injuries, even if they seem minor at first.
- 2
Report the fall to the property owner, manager, or staff immediately and request that they document it in an incident report.
- 3
Photograph the exact location where you fell, the hazard that caused your fall, and any absence of warning signs.
- 4
Document lighting conditions, weather conditions if outdoors, and any other contributing factors.
- 5
Obtain contact information from witnesses who saw your fall or can attest to the hazardous condition.
- 6
Preserve the shoes and clothing you were wearing, as they may become evidence regarding the fall circumstances.
Indiana premises liability law requires property owners to maintain reasonably safe conditions for lawful visitors. Under IC 34-31-6-1, premises liability claims require proof that the owner knew or should have known of the dangerous condition and failed to remedy it or warn visitors. Indiana distinguishes between invitees (owed highest duty), licensees (owed duty to warn of known dangers), and trespassers (owed minimal duty). The open and obvious doctrine may bar recovery if the hazard was clearly visible and avoidable, though exceptions exist when the danger is unavoidable. IC 34-51-2-6 comparative fault applies, so your recovery will be reduced if you were partially responsible for the fall—such as by being distracted or wearing inappropriate footwear. Government entities may have immunity under IC 34-13-3-3, though exceptions exist for dangerous conditions on public property. Prompt notice and documentation are critical as property owners often claim the hazard did not exist or was promptly cleaned.
Slip-and-fall victims in Indiana can recover economic damages including all medical expenses, surgical costs, rehabilitation, assistive devices, lost wages during recovery, and future lost earning capacity if permanent injuries prevent returning to work. Non-economic damages compensate for physical pain, suffering, loss of enjoyment of life, emotional distress, and permanent disability or disfigurement. Elderly victims who suffer hip fractures or other serious injuries may recover substantial damages given the long-term impact on independence and quality of life. Under IC 34-51-2-6, your damages will be reduced by your percentage of fault for the accident. Indiana does not cap damages in premises liability cases. Property owner's insurance policies typically cover slip-and-fall claims, though insurers often dispute liability or claim the hazard was open and obvious.
IC 34-11-2-4 requires slip-and-fall personal injury claims to be filed within two years from the date of the fall. This two-year deadline is strictly enforced, and failing to file timely generally results in permanent loss of your right to compensation.
Don't let an Indiana slip & fall ruin your future.
The clock is ticking on Indiana's 2-year statute of limitations. Get a free, no-obligation case review now.