Slipping on snow and ice in the parking lot can result in severe injuries. While you may feel embarrassed following a slip-and-fall accident, you should not automatically think you assumed the risk. According to the Indiana Statutes, you may be able to seek action against the property owner.
Understanding premises liability may help you determine if the property owner is at fault in your accident.
Do property owners have to clear snow?
Property owners must protect the safety of their customers and the public on their premises. During winter weather like snow and ice, the property owner should pay close attention to the dangers of the parking lot. An owner may not be liable if the snow hits suddenly and he or she has no time to clear it. However, if he or she ignores the snow and ice until someone hurts themselves, the property owner may owe the injured compensation.
When it comes to proving negligence, you need to show evidence that the property owner did not take reasonable actions to prevent the injuries of guests, staff and customers.
Do you share fault with the property owner?
In Indiana, there is a comparative fault rule. In some cases, you may share responsibility for the accident. To share fault means that your actions or negligence contributed to your injury. While you may have partial blame, you can collect compensation as long as you have less than 51% of the fault.
To collect compensation, you need to file your claim within two years of your accident. You should act quickly to ensure you receive the financial help you need to recover.