In Indiana, property owners or occupiers bear primary responsibility for slip-and-fall accidents under premises liability law if they knew or should have known of a hazard and failed to fix it or warn visitors. Fault hinges on proving duty of care, breach, causation, and damages, with duties varying by visitor status (highest for invitees like customers, lower for licensees or trespassers). Compensation is possible for medical bills, lost wages, pain, and sometimes punitive damages if gross negligence occurred, but modified comparative negligence bars recovery if the injured party is 51% or more at fault.​
Determining Fault
Property owners must maintain safe premises and address hazards like spills or uneven floors. Plaintiffs prove the owner had actual or constructive notice of the danger and neglected it, potentially extending liability to tenants, contractors, or manufacturers if applicable. Visitor status matters: invitees get warnings of known risks, licensees fewer protections, and trespassers minimal unless children under attractive nuisance rules.​
Compensation Types
Victims can seek economic damages (medical costs, lost income) and non-economic (pain, suffering). Punitive damages apply rarely for malice or recklessness. Settlements vary by injury severity, insurance limits, and fault share; severe cases like fractures or TBIs yield higher amounts.​
Comparative Negligence Impact
Indiana’s modified rule reduces awards proportionally if under 51% at fault (e.g., 30% fault cuts recovery by 30%) but bars it entirely at 51%+. Courts assess victim actions like ignoring warnings alongside owner negligence.​
Key Steps Post-Incident
Seek medical care, document the scene/photos, report to the owner, and consult a lawyer within the two-year statute of limitations. Evidence like witness statements strengthens claims against defenses like pre-existing conditions.
SOURCES
[1](https://www.tortslaw.com/premises-liability-lawyers/slip-and-falls/who-is-liable-for-slip-and-fall-accidents/)
[2](https://www.gerlinglaw.com/average-slip-and-fall-accident-settlement-indiana/)
[3](https://www.slipandfall.com/other-cases-we-handle/premises-liability/current-state-of-indiana-premises-liability-law/)
[4](https://yoshalawfirm.com/blog/what-is-the-statute-of-limitations-for-slip-and-fall-claims-in-indiana/)
[5](https://wyantlawoffice.com/2024/07/18/understanding-premises-liability-responsibility-for-slip-and-fall-accidents-in-indiana/)
