Inadequate Maintenance Slip and fall
An Indiana inadequate maintenance slip and fall attorney can help you if you have been recently injured in a catastrophic accident and believe the property owner or landowner inadequately cared for its property which directly led to your serious injuries.
Am I Eligible to Recover for Inadequate Maintenance in an Indiana Slip and Fall Case?
Many people don't realize that landowners and property managers of stores, businesses and restaurants have an ongoing and continuous responsibility to appropriately maintain their buildings and floors to protect customers and invited guests from foreseeable injuries. When this does not happen and when someone suffers a catastrophic injury as a result, the property owner or manager can be held accountable and this can lead to a lawsuit filed on behalf of the injured victim.
Inadequate maintenance is one common cause of slip and fall injuries. When it is clear that there is a problem or that regular maintenance, such as cleaning the floor or verifying that the material holding the floor together is intact has not been carried out the landowner or property owner or manager of the store, restaurant and business can be held liable.
Furthermore, “inadequate maintenance” takes many forms including the duty to adequately maintain a business property or restaurant or store parking lot and sidewalks from the natural accumulation of ice and snow.
A store, business or restaurant cannot simply say that removing snow and ice is not an ongoing responsibility to adequately maintain the premises – that is not the current law in the State of Indiana.
How do I Know the Fall was not My Fault?
Many people assume that a slip and fall injury is the result of being clumsy. Insurance company adjusters will certainly try to make you believe this. However, this line of thinking might be a mistake.
Many insurance companies and insurance company adjusters for landowners will try to argue the inadequate maintenance was not inadequate – that it was reasonable under the circumstances. Or that the dangerous condition was “open and obvious” to the person who tripped and fell or slipped and fell, thus absolving the landowner from liability.
Don’t be fooled. Only a thorough investigation of the maintenance schedule and requirements by an experienced Indiana slip and fall attorney can answer whether the maintenance was adequate, reasonable or up to code.
Many expert witnesses are available to Shaw Law who can opine as to the “reasonableness” of landowner maintenance of the property (including snow plow experts, de-icing experts, property management experts and more).
Don’t let your medical conditions such as broken bones, fractures, traumatic brain injuries or bruises as a result of slipping and falling go uncompensated.
When it can be shown that a property owner or manager was responsible for the injuries sustained by the person hurt in such an accident due to inadequate maintenance, this will become the basis of a premises liability claim.
Inadequate maintenance can be illustrated by showing that an existing hazard was present in the facility and that the property owner or manager ignored it, or purposely chose not to anything about it, exposing everyone on the property legally to serious risks. This testimony can come from lay persons, expert witnesses or the parties.
Injured in an accident because of someone else’s carelessness? Call Shaw Law at (260) 777-7777 to arrange for a free consultation. Or contact us online.
