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  5. Can an Indiana Slip-and-Fall Plaintiff Recover Even if the Hazard that Caused Their Injury Was Open and Obvious?

Can an Indiana Slip-and-Fall Plaintiff Recover Even if the Hazard that Caused Their Injury Was Open and Obvious?

Parr Richey Frandsen Patterson Kruse LLP | Jul 4, 2019 | Premises Liability |

Under Indiana tort law, landowners have an obligation to ensure that their property is safe for the people they host, either as social guests or business invitees. In general, a property owner must exercise reasonable care when maintaining their property to discover and eliminate any hazards. If a hazard cannot be remedied, a landowner should warn guests of the hazard’s existence.

Thus far, the focus of the discussion has been on the knowledge and actions of the landowner. However, Indiana premises liability cases also consider the knowledge and conduct of the victim. For example, if a hazard is open and obvious, the law generally holds that a plaintiff should recognize such dangers and use necessary caution. In these cases, a landowner may not be liable for a plaintiff’s injuries if the jury determines that most of the fault is attributable to the plaintiff. However, it is typically not a court’s job to determine whether a plaintiff was negligent; that task belongs to the jury. A recent case illustrates the importance of this distinction.

According to the court’s written opinion, the plaintiff was injured when she tripped and fell over a broken sidewalk at her condo complex. At the time of the accident, the plaintiff had lived in the complex for ten years, and regularly crossed the broken sidewalk without incident. She admitted that she knew there were safer paths to take, and that she knew about the broken sidewalk.

After her fall, the plaintiff sued the condo complex claiming it was liable for her injuries under a premises liability theory. The complex filed a motion for summary judgment, arguing that because the plaintiff knew of the hazard but continued to use the sidewalk, she assumed the risk of any injury. The trial court agreed and dismissed the plaintiff’s case. The plaintiff appealed.

On appeal, the court reversed the lower court’s decision to throw out the plaintiff’s case. The court explained that, while the complex did not have a duty to warn the plaintiff of the hazard because she already knew of the hazard, the complex was not off the hook for failing to maintain the sidewalk. The court reasoned that the plaintiff’s knowledge of the hazard and decision to traverse the sidewalk notwithstanding that knowledge is relevant; however, it cannot preclude recovery at the summary judgment stage. Instead, such information should be used by the jury to determine the extent of the plaintiff’s comparative negligence. If, and only if, the jury determines that the plaintiff was greater than 51% at fault, could the plaintiff be completely precluded from recovering for her injuries.

Consult with an Experienced Indiana Personal Injury Lawyer

If you or someone you care about has recently been injured in an Indiana slip-and-fall accident, the dedicated injury lawyers at the Indiana law firm of Parr Richey Frandsen Patterson Kruse can help. The experienced Indiana slip-and-fall lawyers at our firm have extensive experience handling a wide range of personal injury cases, and aggressively pursue compensation for every one of our clients. To learn more, call 888-532-7766 to schedule a free consultation today.

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

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

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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...

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

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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...

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

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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…

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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?

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