Notices in Terre Haute Slip and Fall Cases

When injuries occur on another person’s property, the landowner may be liable for your damages. However, not every slip and fall results in a viable case for compensation. Not only must there be evidence that the defendant failed to act reasonably, but they must also have been aware of the hazard that caused the fall.

If you have questions about a notice in a Terre Haute slip and fall case, a dedicated slip and fall injury attorney can provide the answers you need to proceed. These claims are complex, and pursuing them with a skilled legal advocate is crucial.

Why Notice Matters After a Fall Injury

Before an injured person can recover damages after sustaining a fall, they must prove that the property owner had notice of the hazard that led to the accident. If they had no reason to know of the risks, it is unreasonable to hold them accountable for any injuries that might occur.

An experienced attorney can make the case that a property owner in Terre Haute had notice of the danger in a slip and fall case. This is a subjective matter that is often disputed during litigation, and it is wise to have a lawyer who understands the complexity of these claims.

Actual and Constructive Notice

There are different types of notices: actual and constructive. When a property owner is aware of a risk, they are said to have actual notice of it. However, the courts can find a defendant to have constructive notice even if they did not know of its existence.

A property owner is constructively notified if they should have been aware of a danger. This is when a reasonable effort to investigate the property would have uncovered the issue. This approach aims to prevent a defendant from benefiting from the failure to take stock of the premises and carefully investigate things that might cause a visitor to trip, slip, or fall. Some examples include:

• Potholes.
• Loose steps.
• Dim lighting.
• Uneven flooring.
• Broken handrails.
• Accumulated snow or ice.

A Terre Haute attorney can review these factors in a slip and fall case to determine whether the defendant should have known or had notice of them.

Did the Property Owner Act Reasonably?

Notice is only one issue regarding slip and fall cases in Terre Haute. Once it is determined that the defendant was or should have been aware of the hazard, the question of liability depends on how they respond.

Defendants are judged on whether or not they took reasonable steps to protect a visitor from harm. If they know or should have known about a danger on the property, they must address it. Whether or not a person acted reasonably is a question of fact for a jury to decide. An important aspect is the time between the emergence of the danger and the fall injury. If a property owner had ample time to warn visitors or address the issue but failed to do so, it is unlikely their efforts were reasonable.

Talk to an Attorney in Terre Haute Regarding a Notice in Your Slip and Fall Case

You could have a case for compensation if you were hurt after falling on another person’s property. For your claim to be successful, you must understand the notices in Terre Haute slip and fall cases.

Our skilled attorneys at Fleschner, Stark, Tanoos & Newlin are ready to advocate for you. Reach out as soon as possible to discuss your options with legal counsel during a free initial consultation.