Counsel That You Can Trust & Depend On


Guy DiMartino Feb. 7, 2015

I received a phone call the other day from a potential new client and he wanted to know if he could bring a claim against a business because he fell on the property and broke his arm. Like this guy on the phone, I can't tell you how many times I receive phone calls from others who have been seriously injured in a fall in a supermarket, big box store, or other commercial property.

The first thing that I asked the caller, and the one thing that any person injured in a slip, trip and fall incident must know is this. Why did you fall? What was the problem? There was silence on the other end of the phone. I asked the question again. What caused you to fall? More silence. Then I hear – I don't know. My answer to the guy on the phone was, I'm sorry I cannot help you if you don't know why you fell. I explained, Indiana law requires a property owner or possessor to keep their premises in a reasonably safe condition. The answer “I don't know” sheds no light on the “dangerous condition.”

If you are injured in an Indiana slip, trip and fall, a lawyer needs to hear a clear explanation of what happened and what caused you to fall. For instance, the sidewalk was not deiced and I fell or the lights were out in the parking lot and I couldn't see the pot hot that wasn't repaired or I slipped and fell in a supermarket when water was leaking from the fresh fish display. If you plan on making a claim for an injury – you have the burden to prove so you have to be able to articulate the dangerous condition.

If you have any questions about an injury on an Indiana business property, you can call our Michigan City personal injury lawyers at (219) 874-4878.