Premise Liability (Falls)

According to the CDC:

• One out of five falls causes a serious injury such as broken bones or a head injury.
• Each year, 3 million older people are treated in emergency departments for fall injuries.
• Over 800,000 patients a year are hospitalized because of a fall injury, most often because of a head injury or hip fracture.
• Each year at least 300,000 older people are hospitalized for hip fractures.
• More than 95% of hip fractures are caused by falling, usually by falling sideways.
• Falls are the most common cause of traumatic brain injuries (TBI).
• In 2015, the total medical costs for falls totaled more than $50 billion. Medicare and Medicaid shouldered 75% of these costs.” (“Important Facts about Falls.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 10 Feb. 2017, http://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html.)

The duty of care a property owner has to someone injured on their property generally depends on whether the injured person had permission, or was invited, onto the premises. For example, a customer who, for example, enters a fast food restaurant to purchase lunch, would be considered an invitee. The law in Indiana as it pertains to the liability of a property owner to an invitee is:

An [owner or occupant] of property is liable for injury caused to an invitee by the property’s condition only if the [owner or occupant]:

• knew that the condition existed and realized that it created an unreasonable danger to an invitee, or should have discovered the condition and its danger;
• should have expected that the invitee would not discover or realize the danger of the condition, or would fail to protect himself or herself against it; and
• failed to use reasonable care to protect the invitee against the danger.” (1 Indiana Model Civil Jury Instructions 1929).

If you or someone you love has been injured as a result of a fall on an unnatural accumulation of ice, a defective condition or another’s negligent act, we may be able to help. Call Harper and Harper for your free, initial consultation at (219) 762-9538. If we take the case, you will be charged NO fee unless and until there is a recovery.