Establishing Liability in Terre Haute Slip and Fall Claims

Like any other type of lawsuit, an injured person needs evidence establishing liability in Terre Haute slip and fall claims. Typically, this involves proof that a property owner or occupier failed to take reasonable steps to address a dangerous hazard.

You could be entitled to compensation if you were hurt in a slip and fall accident. Building a winning case can be difficult, especially if the other party is protected by their insurance company or a team of lawyers. A dedicated slip and fall injury attorney from Fleschner, Stark, Tanoos & Newlin can help you get the favorable outcome you deserve.

What Is Premises Liability?

Slip, trip, and fall lawsuits are pursued under a legal theory known as premises liability. Property owners and renters have a duty to their visitors to warn them of any hazards and to fix these issues as soon as reasonably possible. Any failure in this duty could leave them liable for the injuries that occur with a fall in Terre Haute, and an attorney can help a person establish negligence.

Not every fall makes for a viable legal action. In some cases, these incidents occur due to the carelessness of the injured party. Other accidents, like falling after being unexpectedly caught in a snowstorm, are unavoidable.

Identifying Unsafe Conditions

A dangerous hazard on another person’s property is a common cause for a slip and fall accident in Terre Haute. Negligence and liablity needs to be proved. A dangerous hazard slip and fall claim stems from some dangerous factor on the property that caused the incident. Some of the most common examples include the following:

• Potholes.
• Broken steps.
• Dim lighting.
• Trash and debris.
• Spilled beverages.
• Uneven pavement.
• Accumulated snow or ice.

This unsafe condition can be caused by the property owner, but that is not necessary for a claim to be successful. An injured person could succeed by showing that the owner failed to handle the issue reasonably.

A Defendant Must Have Notice

Another critical aspect of establishing liability for these slip and fall cases in Terre Haute is notice. The property owner is only liable if they had prior notice of the danger. However, this issue is not as simple as determining whether they knew about it. Legal action can be successful so long as they should have known about the hazard before the injury.

The at-fault party cannot plead lack of knowledge by simply refusing to inspect the premises. If a reasonable person would have discovered it, there is an obligation to address the danger. In this scenario, the defendant is considered to have notice.

Understanding the Reasonableness Standard

When a person or entity occupies real property, they are not liable for every danger on their land. Instead, these parties must make reasonable efforts to identify a hazard and either remove it or warn visitors of its presence. Whether a person’s efforts are reasonable will depend on time. The more time passes between the danger’s existence and the resulting slip and fall injury, the less likely a court will find that the appropriate amount of care was given.

Contact a Terre Haute Attorney About Establishing Liability in Your Slip and Fall Accident Claim Today

Several steps go into establishing liability in Terre Haute slip and fall injury claims. Questions of liability can be challenging to answer without help, but the right attorney can make the most robust case.

Contact our legal team at Fleschner, Stark, Tanoos & Newlin to discuss your options. We would happily schedule a free private consultation for you at your convenience.