The Tri-State’s first accumulating snow of the season is melting. The wintry conditions we just experienced inevitably lead to slips and falls, some of which will lead to traumatic brain injuries, neck and back injuries, broken ankles and wrists, fractured hips, and muscle and ligament tears, strains and sprains.
For many who slip and fall, their first emotion is embarrassment and their first instinct is to blame themselves. After-all, we know that we learned to walk long ago and the idea that we have somehow failed to stay on our feet as an adult perhaps suggests some sort of weakness or failure on our part. Similarly, many premises owners will be quick to claim they cannot be at fault for folks who venture out into wintry conditions and happen to slip and fall. Thus, for many guests and premises owners alike there is a perception that a premises owner will not be liable when a guest does slip and fall in wintry conditions. Reaching such a conclusion without consideration of Indiana law and surrounding circumstances could be costly.
Personal injury lawyers in Indiana have several significant decisions to rely upon when making out a case of negligence against a premises owner for a winter-weather related slip and fall. The Indiana Court of Appeals proclaimed in Rossow v. Jones that: