Indianapolis & Indiana

Slip and Fall Lawyer Flat 20% Fee

A slip and fall is not "easy money." Property owners and their insurers fight these cases hard — and the hazard that hurt you, the wet floor or the broken step, is often cleaned up or repaired within hours. Kavanagh Injury Law represents people injured on unsafe property in Indianapolis and throughout Indiana at 20% — not the 33–40% most firms charge.

Licensed in Indiana. Injuries on property outside Indiana handled through our nationwide co-counsel network at the same 20% fee.

What to Do After a Slip and Fall

The evidence in a premises case disappears fast. These steps protect your health and your claim.

1

Report it right away

Tell the owner, manager, or staff and ask them to make a written incident report. Get a copy if you can.

2

Photograph the hazard immediately

The wet floor, broken handrail, missing warning sign, poor lighting, or uneven surface — before it gets cleaned up or fixed. Use the KIL app to timestamp and GPS-tag it. This is the single most important evidence, and it vanishes fast.

3

Get names

Witnesses and the employees you spoke to. Their accounts matter when the owner later claims the hazard was never there.

4

Keep what you were wearing

Especially your shoes. Insurers often blame the victim's footwear — preserving it protects you.

5

Get medical care

See a doctor even if you feel okay. Falls commonly cause fractures and head injuries that show up later, and gaps in treatment give insurers an excuse to discount your claim.

6

Don't give a recorded statement

The property's insurer may call quickly. Be polite, but decline a recorded statement and don't accept blame until you have a lawyer.

7

Call a lawyer before the evidence is gone

Owners fix hazards fast — good for safety, bad for proof — and surveillance video is often overwritten within days. A lawyer can move quickly to preserve the video, incident report, and maintenance logs before they disappear.

Proving the Property Owner Was at Fault

Slip and fall cases turn on one question: did the owner know — or should they have known — about the hazard, and fail to fix it or warn you?

Actual vs. Constructive Notice

You generally must show the owner had actual notice (they knew about the hazard) or constructive notice (it existed long enough that reasonable inspection should have caught it). A spill that sat for an hour is very different from one that happened seconds before you fell. Proving how long the hazard was present is often the heart of the case — and why surveillance video and maintenance logs matter so much.

Why Your Reason for Being There Matters

Indiana ties the owner's duty to your status on the property. A business customer (an "invitee") is owed the highest duty — the owner must reasonably inspect for and address dangers. A social guest (a "licensee") is owed less. Establishing that you were lawfully on the property, and why, shapes the entire claim.

Who Can Be Responsible

Stores, restaurants, landlords, and other owners and operators can be liable for hazards they create or fail to address — wet floors, broken stairs or handrails, inadequate lighting, unmarked changes in elevation, or failing to clear ice and snow within a reasonable time.

Common Slip and Fall Hazards

Premises injuries happen in predictable places. If one of these caused your fall, it is worth a call.

Wet or slippery floors

Spills, freshly mopped floors with no warning sign, and tracked-in rain or snow.

Broken stairs & handrails

Loose or missing handrails, cracked steps, and unsafe stairwells.

Poor lighting

Dim stairwells, parking lots, and walkways that hide hazards.

Uneven or damaged surfaces

Cracked sidewalks, potholes, torn carpet, and unmarked elevation changes.

Indiana Premises Liability Law

Two-Year Statute of Limitations

Indiana generally requires you to file a personal injury lawsuit within two years of the date of the fall. Because surveillance video and incident reports can disappear long before that, the practical window to preserve proof is much shorter.

Modified Comparative Fault (the 51% Bar)

Indiana is a modified comparative fault state. You can recover if you are less than 51% at fault, with your award reduced by your share. Property owners almost always argue you weren't watching where you were going — an attorney fights that "you should have seen it" defense and the fault allocation behind it.

An "Obvious" Hazard Isn't Always a Defense

Owners often argue the danger was so obvious that you should have avoided it. But under Indiana law an obvious hazard does not automatically end your claim — an owner can still be responsible when they should have anticipated that people would be hurt despite the obvious risk. It is a fact-specific fight worth having.

Compensation You May Be Entitled To

Falls frequently cause fractures, head injuries, and long recoveries. Every case is different, but these are the categories of damages commonly pursued.

Medical expenses

Emergency care, surgery, imaging, physical therapy, and future medical needs related to the fall.

Lost wages & earning capacity

Income missed during recovery, and reduced ability to work if the injury is lasting or permanent.

Pain and suffering

Physical pain, emotional distress, and loss of enjoyment of life caused by the injury.

Long-term & disability costs

Ongoing care, mobility aids, and home or lifestyle changes after a serious fall.

Past results do not guarantee future outcomes. The value of any claim depends on the specific facts, injuries, insurance available, and applicable law.

How Kavanagh Injury Law Handles Your Case

Premises cases reward speed — capturing the hazard before it is fixed and the video before it is erased.

Evidence preserved fast

We move quickly to demand surveillance video, incident reports, and maintenance logs before they are overwritten — and our app helps you capture the hazard at the scene.

Flat 20% — always

Our contingency fee is 20% whether your case settles pre-suit, goes through trial, or reaches appeal. It never escalates to 33% or 40% like most Indiana firms. You pay nothing unless we recover for you.

Lien reduction — 100% to you

We negotiate medical liens aggressively. Every dollar we reduce from a lien goes to you — we keep none of the savings and charge no additional fee for lien work.

Injuries outside Indiana

If you were hurt on property outside Indiana, we place your case with a vetted co-counsel attorney in that state. You still pay only 20%. Matt personally reviews every inquiry.

Frequently Asked Questions

How long do I have to file a slip and fall claim in Indiana? +

Generally two years from the date of the fall — but act sooner. Surveillance video and incident reports can be overwritten within days.

The store says the spill wasn't their fault — do I still have a case? +

Possibly. You generally must show the owner had actual or constructive notice — that the hazard existed long enough that they should have found and fixed it. Proving how long it was there takes investigation: video, witnesses, and maintenance records.

What if I was partly distracted when I fell? +

You can still recover if you are less than 51% at fault, with your award reduced by your share. Owners routinely argue you should have seen the hazard — an attorney pushes back on that.

Why do I need to act fast? +

Hazards get fixed and video gets overwritten quickly. Photographing the scene immediately and having a lawyer preserve video and reports early can make or break the case.

How much does it cost to hire you? +

Nothing upfront. We work on contingency at a flat 20% of any recovery. If we do not win, you owe no attorney fee.

Injured on Someone Else's Property?

Get a free case review. No obligation. No upfront cost. The sooner you call, the more of the evidence we can preserve.

Download the KIL app to photograph the hazard with timestamped photos and GPS — free, no account required.