Whether there are blizzards or rain has turned to freezing rain, winter is a dangerous time of year. One of the more common ways to injure yourself in winter is to have a slip and fall accident on ice, especially in typically smooth areas such as parking lots or sidewalks. But you may be wondering, Can you sue for slipping on ice in a parking lot?
While these injuries are often minor, slip and fall accidents on snow and ice can be serious. Understanding your legal rights after a slip is essential, as it can mean recovering compensation for your pain and suffering. Read on to learn more about your rights, and how to bring legal action, after a slip in a parking lot.
What Caused the Fall?
While some parking lot slips are purely accidental, such as an untied shoelace or something similar, some falls are caused by hazardous conditions. Hazardous conditions refer to any condition in a parking lot that is out of the norm or may cause someone to have an accident. In a store, this could be uneven flooring. In a parking lot, this can refer to potholes, wet paint, or even uncleared snow and ice.
If your fall was caused by a hazardous condition, then it’s important to document what the exact cause was. This could be ice, snow, or water from melted snow/ice. You should take note of where it is located, and, if you are able, take a photo with your phone of the area where the slip occurred.
What Is the Obligation of the Parking Lot Owner?
In Indiana, store owners have a general duty to reasonably clear snow and ice from their property. This includes parking lots. But what does reasonable care of their property entail? In slips, this is generally judged case-by-case and may involve the judge determining if the property owner showed some attempts to keep their property safe.
What Should You Do After a Fall?
What you do next should be determined by how injured you were in the fall. If you believe you broke anything or hit your head, you should call emergency services first. If you don’t need immediate medical attention, you should report the fall to the property owner or a manager.
Tell them exactly where it occurred, so they can clear the area so no one else is injured, and when it occurred. They may ask you to fill out an incident report. Having an incident report can be a helpful document to have for later, but be wary of signing any waivers involved with the report. When in doubt, discuss the report with your personal injury lawyer before filling it out or signing anything.
Additionally, you should document the fall area by taking photos and if there are any witnesses, ask for their contact information in case you need them to testify to the nature of your fall.
After you have done these things, even if you don’t have a noticeable injury, it is wise to visit a doctor. Some injuries may take time to appear or seem less visibly serious than they actually are. A doctor will be able to assess if you have any hidden injuries and the extent of any visible injuries that you have. Remember to ask your doctor to provide a medical report, in case you need documentation of your injuries.
How Can a Personal Injury Attorney Help?
Injuries after falls can be serious and may require medical help, medication, x-rays, time off of work, and other costly elements. You must receive the compensation that you are entitled to in order to cover these costs.
Slip and fall injuries in Indiana can be complicated, and this is even more accurate when the injury is caused by natural weather issues such as snow and ice. A personal injury lawyer can help you document your case, talk to witnesses, help you fill out paperwork, and ensure that your case receives the care and attention it deserves.
The personal injury experts here at Crossen Law Firm can help you get your slip and fall on ice settlements. We will evaluate your case for free, helping you navigate the next steps you can take. You will not owe us anything unless you win your case. Call us for a consultation today at (317) 401-8626 or contact us online.
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