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 McKibben 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.
Not just the lawyers you need, but the lawyers you WANT.- Tristen K
Jeff Shaw was Very Professional- Shelby Kunes
Attorney Shaw got me a fair settlement, much more than I thought we were going to get.- Randy & Kathy M
I Told Him He Now Felt Like a Member of Our Family More Than Our Attorney.- Stephanie B.
Your Law Firm Is Number One in Indiana. You Receive an A+ in My Book.- April H.
$5,000,000 Verdict in Indianapolis, IN
Bicyclist Struck by Indianapolis School Bus (independent contractor) Awarded $5M by Indianapolis Jury (Upheld by Verdict, $4.4M Paid)
$3,040,000 Verdict in Gary, IN
Blackjack Dealer Awarded for Slip and Fall on Ice in Trump Casino Parking Lot
$1,750,000 Verdict in Hammond, IN
Child Dies in Fire, Landlord Failed to Provide Adequate Smoke Detectors
$1,460,000 Verdict Near the Ozarks of Missouri
Sheriff's Deputy who Collides With Improperly Transported Manufactured Home Convoy
$750,000 $750,000 Verdict in Delphi, IN
$750,000 Verdict for Lady in Golf Cart Struck by Drunk Driver Awarded by Jury in Carroll County
$750,000 Settlement for Paralyzed Man Shot at Indy Gas Station
Man Shot and Paralyzed at Gas Station by Unknown Assailant from Unruly Crowd That Gathered After Murder of Person the Night Before at Same Site
$750,000 Settlement in Indianapolis, IN
$750,000 Settlement Slip and Fall Indianapolis Woman Falls on Water in Produce Section of Indianapolis Grocery Store Breaking Leg.
$605,000 $605,000 Verdict in Valparaiso, IN
$605,000 Verdict - Child Awarded for Facial Scarring When Landlord Failed to Cover Exposed Hot Water Pipe in Living Room
$500,000 $500,000 Settlement in Bluffton, IN
$500,000 Wrongful Death Settlement in Bluffton, Indiana for Woman Killed When She Crossed Center-Line Into Path of Oncoming Speeding Semi-Truck
$500,000 $500,000 Verdict in Kokomo
$500,000 Verdict for Woman Slip and Fall in Domino's Pizza Restaurant on Water (Reduced to $375,000)