A fall can happen anywhere: a grocery aisle with a spill nobody mopped, an apartment stairway with a loose rail, a parking lot nobody salted after a January ice storm. Owners don't have to make property perfect, but they do have to use reasonable care to keep it safe for the people they invite in.
How these cases work in Indiana
Indiana looks first at why you were on the property. Customers and other business visitors are owed the most care. Social guests and trespassers are owed less. For a typical store or apartment case, the key questions are:
- Was there a dangerous condition?
- Did the owner know about it, or should a reasonable inspection have found it?
- Did they fail to fix it or warn people?
Comparative fault (IC 34-51-2) applies here too. Expect the owner to argue you should have seen the hazard.
Falls on government property
Falls on city sidewalks, in public buildings or on public school property follow special rules. Written notice is generally due within 180 days for a local government unit and 270 days for the state (IC 34-13-3-8 and IC 34-13-3-6), far shorter than the usual two years. Call quickly.
What to do now
- Report the fall to the manager or landlord and ask for a copy of the incident report.
- Photograph what made you fall before it's cleaned up or repaired, plus your shoes and injuries.
- Get names and phone numbers of anyone who saw it.
- Ask the business in writing to keep its video. Many systems record over themselves within days.
- Get medical care.
For our fee on these cases, see our fees or ask when you call. Winter falls come up every year from Marion County, Hamilton County and the rest of the service area.
Call (317) 780-8000.
Sources
- IC 34-51-2 (comparative fault): iga.in.gov/ic/2026/Title_34/Article_51/Chapter_2.pdf
- IC 34-13-3 (Indiana Tort Claims Act notice): iga.in.gov/ic/2026/Title_34/Article_13/Chapter_3.pdf
- Indiana Courts self-service legal center: www.in.gov/courts/selfservice/