Indiana Slip and Fall Lawyers
Indiana Slip and Fall Lawyers
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Yes, but it depends upon the specific facts of what happened and when it happened.

In order to answer the question of whether you can sue a business, such as your employer for spreading the Coronavirus to you, we must first understand some basic concepts of Indiana law.

These concepts that must be explained include:

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Faulty stairs, freshly mopped or waxed floors with no visible warnings, ice, snow, cracked sidewalks, spills—there are an infinite number of causes for slip and fall accidents. If you’re moving, a slip and fall injury can happen. Sometimes injuries happen due to our own carelessness, or an error in judgment; we’ve all experienced that terrifying moment when you simply trip over your own feet, drag your feet and stumble, etc. and nearly fall flat on your face. It’s an awful experience, but it’s part of life and it happens.

Fortunately, our bodies and brains compensate and coordinate an emergency action, such as a quick step or hand grab, that helps us to avoid the painful fall just in the nick of time. But accidents are not always avoidable, and many times they are not our fault. When an accident happens, such as a slip and fall accident, and it is due to the negligence of another party, be they an individual or a company, etc., you need to hire a slip and fall lawyer right away. An experienced slip and fall lawyer will not only know the law but have the prowess to use it to your advantage in Indiana.

Every year in Indiana, innocent people are injured, and injuries can be incredibly expensive. From emergency room visits and emergency transportation; to follow-up doctor and hospital visits; to long term care; lost wages from missed work days, weeks, or even months; to insurance premium increases, and more—the costs can be overwhelming. And what would you do if your injury rendered you unable to return to work ever—if your injury made it impossible for you to continue performing your job? Would you be able to simply switch careers in an instant? Most people would not, and thus you could be looking at a massive decrease in monthly income in addition to every other cost.

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  1. Combine the yeast and 2 cups warm water in a mixing bowl and stir to dissolve. Add the butter, sugar and salt. Use a wooden spoon to stir in one-third of the flour until smooth. Add another third of the flour and stir, then turn it out onto a floured board to knead. Knead it over 15 minutes, adding the rest of the flour as you knead. Don’t let it get dry too fast; it should stay sticky. Put the dough in a buttered bowl and cover with plastic wrap. Let it rise for 1 hour.
  2. Knead the dough another 5 minutes, place it back in the bowl and let it rise another hour.
  3. Butter 2 loaf pans. Shape the dough into 2 loaves and transfer them to the prepared pans. Cover and let rise for 45 minutes.
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The answer is “sort of.”

While this answer might not satisfy those people who require a simple “yes” or “no” answer to tough questions, let me try to explain Indiana premises liability case law.

In order to prevail on a slip and fall case in Indiana, the injured person must prove:

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One of the common complaints about lawyers by the public is that “legalese” makes it impossible to understand the clear intent of parties to a contract.  The public believes that “magic language” exists in contracts and that failure to comply with makes a contract invalid or a will have no effect.

This type of belief is not good for the legal justice system.  There is a movement to make the law more accessible for the public at large.  For example, jury instructions are being modified to “clear language” for jurors.  Small claims courts do not require an attorney to represent a party.  And there is more.

But, there are times when strict adherence to precise language is still necessary for a contract to have effect under Indiana law and one of those situations involves “waiver of the right to sue” often found in leases and other membership contracts.

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Although the title of this blog post might seem ridiculous at first blush, I’m personally surprised that businesses who invite customers upon their land for products or services have not tried to sneak “waivers of liability” into receipts…yet.  And, as you can see from my photo above, I spend a lot more time at McDonald’s than I do at a local gym.  Keep reading…you’ll see why that’s important below in our 3-part series on Exculpatory Clauses under Indiana law.

First, let’s examine Indiana law with regard to whether individuals can “waive” or “forfeit” the right to sue a landowner for accidents that occur on that property that injure others.  These waivers are called “exculpatory clauses” under Indiana law and under certain circumstances, Indiana courts have ruled “yes,” exculpatory clauses are valid in contracts.

The most common “waiver to sue” (exculpatory clause) occurs when a person signs a lease to rent a property to live or to run a business.  Often, the lease will contain waivers to sue the landlord in the event of an injury that occurs on the property.  Other times, a waiver is inserted into other contracts where a person uses the land of another – like a member of a health club, gym, country club or sports activity participant.  In both circumstances, Indiana courts have held that exculpatory clauses are not void as against public policy.

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Not very often.  But, automatic exclusion by a Judge is not always the right legal ruling.

Usually this topic comes up when clients ask if I can mention other similar trips or falls on the defendant’s property that occurred before our incident at an upcoming trial.  The most common situation involves “another fall” involving a different person who fell on the same day — often overheard by my client from store employees.

When I try to explain that other falls and prior incidents are difficult to allow a jury to hear, I am often met with quizzical looks from my clients.  I try to explain the success of being able to mention a prior slip and fall to a jury is slim (and that it might not be in our best interest).

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One of the most common complaints received from clients concerns unpaid medical bills while a case is pending.

I remind clients that until and unless you prove your case of negligence against a wrongdoer in a court of law, the medical treaters have a right to be paid for the medical services they provided you now.  This includes the right to seek collection of the unpaid medical expenses associated with your treatment.

Remember, those medical professionals provided a service — treatment of your injuries.  And they were not a participant in the incident that caused your injuries.  Consequently, they have a contractual right to seek payment for their services despite the fact that your injuries were caused by the negligence of somebody else.

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Wal-Mart, Inc. will not settle your slip and fall case based upon avoiding bad publicity.  

It will settle your case if you have a good case with sound evidence presented by capable attorneys, like Shaw Law.  We’ve done it before, we can do it for you.

It is estimated that Wal-Mart, Inc. operates over 4,500 stores in the United States.  In the United States, the company includes Wal-Mart discount stores, Supercenters, Neighborhood Markets, and

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What once seemed like science fiction is coming and it’s almost here.  Google is coming out with a driverless, robotic car that will not have a driver. Rumors are that Apple and other major auto manufacturers will soon have driverless cars.

Who knows?  Someday it might be illegal to drive your own car. 

Google and Apple are currently working on software that will be available to the public in the next few years.

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