Indiana premises liability and slip-and-fall attorneys

Property holders are meant to keep their premises reasonably safe. When they do not, the argument is rarely about whether you fell - it is about whether they should have seen it coming.

'Slip and fall' is a phrase designed to make it sound minor.

A fall on an unlit stair with no handrail produces broken bones, traumatic brain injuries and catastrophic spinal damage, and fatalities are not uncommon. The dismissive name is already doing work for the other side before anyone has opened a medical record. Attorneys J. Aaron Cooke and Jeffrey A. Cooke are both local to Lafayette, and premises liability has been part of this practice since the firm's founding in 1974.

What the work actually is

01

What falls under it

Trips, slips and falls - wet floors, uneven walks, icy surfaces, poorly lit staircases, missing handrails. Animal attacks where an animal was not properly secured. Drownings, often where a pool or hot tub was left unattended and unsecured. And negligent security, where the measures protecting people from violent crime were inadequate or simply absent.

02

Businesses and private owners alike

These claims involve grocery stores, parking garages and commercial premises, and they equally involve neighbours, landlords and relatives. The duty attaches to the property, not to whether bringing a claim feels awkward.

03

The four things that have to be established

That the owner owed a duty of care to attend to the property and remove clear dangers. That the duty was breached by failing to maintain it. That the breach caused the injuries. And that those injuries produced real losses - medical bills, lost wages, pain and suffering. Miss one and the claim will not stand up, however badly somebody was hurt.

04

Evidence, and how fast it goes

Photographs of the hazard and of the injuries. Surveillance video, which is frequently overwritten on a timer measured in days. Maintenance records, which show whether a hazard had been reported and ignored. Medical records establishing treatment and cost. The video is the one people lose simply by waiting.

05

What proving it gets you

Where a property or business owner neglected that duty, the injured person can recover for medical bills, lost wages, and pain and suffering. Free consultation on 765-340-2776.

How it runs

The same order every time, because most of the costly mistakes in injury work come from doing step four before step two.

  1. 01

    Tell us what happened

    A phone call, in your own words, in whatever order it comes out. You do not need the police report in front of you and you do not need to have it organised. If the answer is that you probably do not need a lawyer, you get told that on the first call, and it still costs nothing.

  2. 02

    We look before we take it

    The firm's published standard is that you should only hire it if it can put you in a better position than you would be in on your own. That is why the first conversation is a conversation rather than a sales call, and why some of them end with a recommendation to do nothing.

  3. 03

    We do the collecting

    Records, bills, wage information, photographs, witness accounts, and whatever the other side has already put in writing. Meanwhile the firm helps process health and auto medical-payment benefits at no charge, which is usually the part quietly bleeding money while everyone waits.

  4. 04

    We deal with the insurer

    Every offer is passed to you as it arrives, with a straight assessment of whether it is fair and reasonable. Nothing settles without your permission. If the number will not move, the file gets prepared for trial rather than argued about indefinitely.

Premises liability, answered plainly

The hazard was obvious. Have I lost?

Not automatically, though you should expect the argument. Whether a danger being open and obvious defeats a claim depends on circumstances, including whether the owner should have anticipated people would encounter it anyway.

The store made me fill in an incident report. Was that a mistake?

It is useful that an incident was recorded at all. What is worth knowing is that the report was written by the business, for the business - so keep your own record of the same facts, with photographs, taken the same day.

Nobody saw me fall.

Claims are built on more than eyewitnesses: the physical condition itself, cleaning and maintenance records, prior complaints, and the medical evidence of what happened to your body. No witness is a difficulty, not a verdict.

It was ice, in Indiana, in winter.

Weather does not automatically excuse a property owner, and it does not automatically implicate one either. What was done about it, when, and whether that was reasonable is the actual question.

How long do I have to bring it?

Indiana sets limits and they vary. No number is printed here on purpose. What is genuinely time-critical is the video, so call early even if you are undecided.

Talk to an attorney about premises liability

The first conversation is free and puts you under no obligation. Bring the report, the photographs, the letter from the insurer, or nothing at all.

Contacting Cooke Law Firm or Cooke Law Firm does not create an attorney-client relationship, and nothing on this site is legal advice. Please do not send confidential information until a written engagement is in place. Prior results do not guarantee a similar outcome.