When a nice shopping experience turns into a nightmare due to an unexpected accident, one of the primary questions you might have is whether you can hold the store owner liable for damages. The answer generally depends on whether the store owed the shopper a duty of reasonable care, whether it failed to meet that standard and whether that failure caused the injury.
What duty does an Indiana store owe shoppers?
State law calls shoppers invitees. Therefore, the owners should make an effort to keep their store in reasonably safe conditions for their guests. For example, the store employees should conduct reasonable inspections of the aisles, looking for hazards such as spills and taking prompt steps to address them.
Proving negligence in a retail setting
Success in negligence claims depends on showing that the store created the hazard, was aware of it or should have discovered it through a reasonable inspection. For instance, if a leaking liquid detergent bottle leaves a wide pool across a main aisle and the staff fails to notice it due to skipped routine safety walks, the store could be held liable.
Comparative fault and your recovery
The legal standard for premises liability also looks at your role in the fall. Specifically, the state uses a modified fault system where blame may reduce recovery. If a court finds you are more than 50 percent at fault, state law stops any payment.
Evidence for a retail injury claim
Several factors often influence the outcome of these complex litigation cases. In a slip and fall claim, the following details are particularly important:
- How long the hazard was present before the fall
- Whether warning signs were placed near the spill
- The lighting conditions in the area of the fall
- The injured person’s footwear at the time of the fall
These facts help determine whether the owner acted with reasonable care. They may also help determine whether the hazard was open and obvious – meaning a reasonable person should have noticed and avoided it – which can affect whether the store had a legal duty to address it.
What to do after a slip and fall in an Indiana store
Focusing on your medical recovery after a severe injury should be your top priority. Partnering with an attorney experienced in premises liability allows you to heal while a professional handles the demanding legal steps.