Parr Richey Frandsen Patterson Kruse

Call For A Free Consultation Today | 317-505-1342

  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
Email

CALL

Photo of John M. McLaughlin, Tony W. Patterson and Paul S. Kruse

Helping You Put Your Life Back On Track After A Serious Injury

  1. Home
  2.  ► 
  3. Premises Liability
  4.  ► 
  5. Plaintiff Injured in Slip-and-Fall Accident at Doctor’s Office Failed to Show Defendant’s Knowledge of the Hazard that Caused Her Fall

Plaintiff Injured in Slip-and-Fall Accident at Doctor’s Office Failed to Show Defendant’s Knowledge of the Hazard that Caused Her Fall

Parr Richey Frandsen Patterson Kruse LLP | Dec 11, 2018 | Premises Liability |

Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing a defense that is commonly raised in response to an Indiana premises liability case. The case involved a defendant’s allegations that it was unaware of the hazard that caused the plaintiff’s fall and, thus, could not be held liable for the plaintiff’s injuries.

Indiana Premises Liability Law

In Indiana, landowners owe a duty of care to those whom they invite onto their property. The extent of that duty depends largely on the reason for the plaintiff’s visit. Customers or others who are present on a defendant’s property for business purposes are owed the highest duty. In these cases, the landowner must fix any dangerous condition on their property or warn the visitor about hazards that may not be obvious. However, if the landowner is unaware of the hazard, they may not have a duty at all.

Case Facts

According to the court’s opinion, the plaintiff was a patient at a doctor’s office. As the plaintiff walked by a desk, she felt something catch the leg of her pant. The plaintiff fell to the ground, resulting in serious injury. After the fall, as the plaintiff was prone on the ground, she noticed that a wheelchair was leaning up against the desk just a few feet from where she was.

The plaintiff decided to file a premises liability lawsuit against the doctor’s office. The plaintiff acknowledged that she did not see the wheelchair before she fell, and that she was not sure it was what caught her pant leg. However, she did not notice anything else in the immediate area that could have caused her fall.

The doctor’s office presented the testimony of an employee who was near the plaintiff when she fell. The employee explained that he first saw the wheelchair after the plaintiff had fallen. He assumed that it was placed against the desk after the plaintiff’s fall by another employee or patient.

The Court’s Opinion

The court dismissed the plaintiff’s case, finding that she did not present any evidence that the doctor’s office knew of the wheelchair’s presence. The court noted that the employee’s testimony established that the wheelchair wasn’t leaned up against the desk before the plaintiff’s fall. The court then explained that the plaintiff’s testimony did nothing to contradict the employee’s statement. The court also noted that the plaintiff’s claim was based on the “assumption” that she tripped over the wheelchair, when she did not actually know that to be the case.

Have You Been Injured in an Indiana Slip-and-Fall Accident?

If you or someone you love has recently slipped and fallen while shopping or visiting any other commercial or medical establishment, you may be entitled to monetary compensation through an Indiana premises liability lawsuit. At the law firm of Parr Richey Frandsen Patterson Kruse, we represent Indiana injury victims in all types of claims, including slip-and-fall accidents. To learn more, and to schedule a free consultation to discuss your case with an attorney, call 888-532-7766 today.

Related Posts:

Indiana Court Holds Plaintiff’s Misuse of Tool Defeated Product Liability Claim, Indiana Injury Lawyer Blog, November 29, 2018

Court Discusses Res Ipsa Loquitor Doctrine in Recent Premises Liability Case, Indiana Injury Lawyer Blog, November 20, 2018

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

« Older Entries

Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Today

Parr Richey Frandsen Patterson Kruse

Phone
317-505-1342

  • Follow

Indianapolis Law Office

251 North Illinois Street
Suite 1800
Indianapolis, IN 46204

Lebanon Law Office

225 West Main Street
PO Box 668
Lebanon, IN 46052
Chicago Law Office

One East Wacker Drive
Suite 2600
Chicago, IL 60601

Review The Firm

© 2025 Parr Richey Frandsen Patterson Kruse LLP • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw