Sidewalk slabs heaved by tree roots or frost; cracked and crumbling concrete; curbs and concrete curb stops in parking lots that are unpainted, misplaced, or hidden by a parked car; a single step or change in elevation with no contrasting stripe or sign; torn carpet, loose mats, and buckled transition strips in doorways; uncovered holes, drains, and utility boxes; extension cords across a walkway; potholes in a lot; and stairs with a missing, loose, or non-compliant handrail. We are handling a case now involving a parking lot curb, and the pattern is familiar: the hazard was there for a long time, nobody fixed it, and the owner’s first response was that the client should have seen it.
In a slip case the owner argues it never knew about the spill. In a trip case that argument is rarely available. A heaved sidewalk or a missing handrail existed for months or years, the owner either built it that way or walked past it on every inspection, and under the Restatement (Second) of Torts § 343 standard Indiana follows, that is constructive knowledge. The defense shifts instead to the claim that the hazard was open and obvious and you should have avoided it. Indiana treats that as part of the comparative fault analysis, not an automatic bar, and the distraction doctrine answers much of it: an owner should expect that a customer scanning shelves, reading a sign, or carrying bags toward a car will not be studying the pavement. Recovery is allowed unless you were more than 50 percent at fault.
Trip cases are won with a tape measure and a camera. The height differential of a raised slab or an unmarked step, the rise and run of each stair, the presence and height of a handrail, the lighting level, and the contrast between surfaces are all compared against the Indiana Building Code, local ordinances, ADA accessibility standards, and the property-maintenance standards that applied when the condition was built or last repaired. Those standards set thresholds in fractions of an inch for changes in level and specific requirements for rails and ramps, and a condition that exceeds them is powerful evidence. We photograph the hazard with a scale before it is repaired, obtain the owner’s inspection and repair records, and retain architects, engineers, or human-factors experts where the case warrants it.
A large share of trip and fall injuries happen on public sidewalks, in municipal lots, and on school and park property. A city, county, or state agency can be responsible for a defect it knew about or should have found, but the claim is governed by the Indiana Tort Claims Act, which requires a written notice served on a short deadline before any suit can be filed. Missing that deadline ends the claim regardless of how clear the defect was, so we identify the owner of the property, including any adjacent business with a duty to maintain the walk, in the first days of the case. We handle these cases from our Merrillville and South Bend offices and take them anywhere in Indiana. A blog post comparing how slip and trip cases are proved is planned.
In Indiana, most personal injury claims must be filed within two years of the date of injury (Ind. Code § 34-11-2-4). Claims against a city, county, or state agency require a formal tort claim notice much sooner, in some cases within 180 days. Waiting costs leverage, and in some cases it costs the claim entirely.
We represent injured people everywhere in Indiana. Most of an injury case happens by phone, email, and video, so you do not need to live near one of our offices to work with us.
Injury cases are handled on a contingency fee: no retainer, no hourly bill, and no attorney fee unless we recover money for you. The percentage is set in a written agreement before we start and depends on the stage at which the case resolves. How contingency fees work, in plain English.
A decorated U.S. Army veteran who set his sights on the law at age eight, James has represented hundreds of injured clients with a modern, client-first style and a refusal to let insurance companies run out the clock.
A slip is a loss of traction on a surface, such as liquid or ice. A trip is contact with a fixed obstacle, such as a raised slab or an unmarked step. The injuries, the evidence, and the owner’s defenses differ, which is why we address them on separate pages.
It can be. Building and accessibility standards address even small changes in level, and the lighting, the contrast, and what a person in your position would reasonably be looking at all matter. We measure and photograph before anything is repaired.
Yes, but a tort claim notice must be served on the government entity within a short statutory period, well before the general two-year limit. Call promptly.
Nothing up front. You won’t owe us a fee unless we recover for you, and when we do, you get the check and we handle the bills.
Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.