Slips and/or falls are a daily occurrence, in many cases with no legal grounds for a lawsuit either because you have not been injured or wounded or because the fall was not caused by a dangerous situation. However, other cases are not so simple and the best option is to consult a lawyer specializing in this type of case as soon as possible. The doctors and lawyers at Grupo MedLegal can help you!
There are mainly two types of properties where slips and falls occur: commercial and residential. Legal requirements and obligations vary depending on the property type.
In Order To Sue a Commercial Property Owner or Landowner:
- He or she must be responsible for the dangerous conditions.
- He or she must be aware of the dangerous conditions but have done nothing to correct them.
- He or she must know why a reasonable person in your situation would run across a risk and thus be aware of a responsibility to eliminate or eradicate the risk.
In Order To Sue a Residential Property Owner, You Must Prove the Following:
- The landowner was in control of the situation that caused the slip and/or fall,
- Repairing or rectifying the situation would not have been difficult or implied an exorbitant expense,
- The severe injury is a natural consequence of not rectifying the dangerous conditions, and
- The owner failed to take the necessary precautions to avoid an accident.
Naturally, in most cases, the defendant will not admit negligence but will instead seek to blame you at least in part for the slip and/or fall. This tactic is called a legal defense. Below you will find a list of some of the most commonly used legal defenses:
Legal Defenses Most Commonly Used Against Claimants:
- An ordinary person would have expected to come across this situation.
- An ordinary person would have seen the condition and avoided it.
- We have the obligation to look where we’re going.
- The claimant was wearing inappropriate apparel or shoes for the conditions, or was walking too fast for the conditions (such as an icy sidewalk).
Other Laws Relating to Falls and/or Slips in Indiana:
In the state of Indiana, the statute of limitations allows two years for filing a claim from the date of a slip or fall. In Indiana, your compensation depends on the legal system of Modified Comparative Fault. According to this system, if you have slipped and/or fallen in cities such as Munster, Valparaiso, or Hammond, the size of your compensation will decrease in proportion to your responsibility for the incident. However, you must be found less than fifty percent responsible for the accident, or you will not be granted any compensation.
Grupo MedLegal Accident Doctors and Attorneys
To increase your likelihood of compensation and avoid missing your deadline for filing a claim, consult with the doctors and accident lawyers at Grupo MedLegal. We have offices in several cities in Indiana, such as Munster, Valparaiso, and Hammond. Our team will give you a free consultation to analyze your case and advise you. You have nothing to lose but so much to gain if you request this free consultation! We speak English and Spanish, and we understand what you’re going through. We guarantee loyalty and complete dedication to secure the greatest possible remuneration. Thirty years of experience in this branch of legal practice allow us to map out a legal strategy according to the requirements of each particular case. We are familiar with the law, the courts, the judges, and the defendants’ lawyers. When it comes to claims, it’s Grupo MedLegal’s domain!