Quick answer: In Indiana, a fall on someone else’s property is a legal claim, not just an accident, when the property owner knew about a dangerous condition, or should have known about it through reasonable inspection, and failed to fix it or warn visitors in time. This is called premises liability, and Indiana law gives injured people two years to file a claim.
Why This Matters During Falls Prevention Awareness Week
National Falls Prevention Awareness Week runs September 21–25, 2026. According to the CDC, one in four adults age 65 and older, about 14 million people nationally, falls each year, and 37% of those falls cause an injury serious enough to require medical treatment or limit activity for at least a day. The age-adjusted fall death rate among older adults rose 21% between 2018 and 2024. Falling once roughly doubles the risk of falling again, per the National Council on Aging.
What Makes a Fall a Premises Liability Claim in Indiana?
Indiana law generally requires three things: a dangerous condition existed on the property, the owner knew about it or should reasonably have discovered it, and the owner failed to address it within a reasonable time. Indiana also follows modified comparative fault. You can recover damages as long as you’re found 50% or less at fault, with your award reduced by your percentage of responsibility; if you’re found 51% or more at fault, you recover nothing.
Where These Claims Come From in Indianapolis, Lawrence, Granger, and Anderson
| Location type | Common hazard | What to document |
|---|---|---|
| Grocery/retail stores | Spills without wet-floor signs | Time of fall, how long spill was there, staff response |
| Apartment complexes | Broken stairs, unlit hallways, loose railings | Prior complaint history, maintenance requests |
| Parking lots/sidewalks | Unsalted ice, uncleared snow (a real factor in Indiana winters) | Weather conditions, time since last snowfall |
| Restaurants/bars | Wet entryways, torn carpet, poor lighting | Photos of the exact spot, witness names |
What to Do Immediately After a Fall
Get medical attention right away, even if the injury seems minor. Photograph the hazard before it’s cleaned up or fixed. Get witness contact information. Ask for a written incident report. Avoid giving a recorded statement to an insurer before speaking with an attorney. Keep the shoes and clothing worn at the time.
How long do I have to file a slip-and-fall claim in Indiana?
Generally two years from the date of the injury, under Indiana’s statute of limitations for personal injury claims. Exceptions can apply, so it’s worth confirming your specific deadline early.
What if I was partly at fault for my fall?
You can still recover damages as long as you’re found 50% or less at fault; your award is reduced by your share of responsibility. If you’re found 51% or more at fault, Indiana law bars recovery entirely.
Do I have a case if I simply tripped and fell?
Not automatically. You generally need to show the property owner knew or should have known about the specific hazard and failed to address it in time.
What does a free consultation with Keller & Keller Injury Lawyers involve?
We review the facts of your fall, explain whether it meets Indiana’s legal standard for premises liability, and outline your options at no cost.
This article is for general informational purposes and is not legal advice. Keller & Keller serves injured clients from offices in Indianapolis, Lawrence, Granger, and Anderson, Indiana.
