Slipped and fell at a store in Indianapolis: can I sue?

A plain-English guide to Indiana premises liability for shoppers hurt in Indianapolis stores, from what you must prove to how shared fault and deadlines work.

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In short

  • Yes, you can sue an Indianapolis store if it caused the hazard, or knew or should have known about it, and didn't fix it or warn you.
  • You must prove 4 things: a dangerous condition, notice, failure to act, and that the fall caused your injury.
  • Deadline: usually 2 years from the fall (IC 34-11-2-4); 180 days' written notice if the property is city or county owned.
  • If you were partly at fault, your damages shrink; at 51% or more you recover nothing (IC 34-51-2-6).

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Do I have a store fall case? 5 quick questions (nothing is sent or saved)

Check what applies.

This checklist is general information, not legal advice. Ask for a free case review or call (317) 780-8000.

How we wrote this page: every rule below comes from the Indiana Code (official Indiana General Assembly text, 2026 Code) or an Indiana Supreme Court decision, listed under Sources. It was written and checked by an Indiana attorney who has handled store fall claims since 1996. It is not legal advice for your case.

You can sue a store after a fall in Indianapolis if the store was careless and that carelessness caused your injury. A fall by itself is not enough. The questions below explain what Indiana law requires, how fault is shared, and how long you have.

Can I sue a store in Indianapolis after a fall? The short answer

Yes, if the store created the hazard, or knew or should have known about it and failed to clean it up or warn you, and you were hurt as a result. Most Indiana premises injury lawsuits must be filed within two years of the fall (IC 34-11-2-4). If you were partly at fault, your damages are reduced, and you are barred only if your fault is greater than the combined fault of everyone else, which is often called the 51% bar (IC 34-51-2-6).

What does a store owe you as a customer?

Shoppers are generally treated as invitees under Indiana law. The Indiana Supreme Court held in Burrell v. Meads (1991) that a property owner owes invitees reasonable care to keep the premises reasonably safe. A store is not an insurer of your safety, though. It is responsible for conditions it knew about or should have discovered with reasonable care, and that it should have expected customers would not notice or protect themselves against.

What do you usually need to prove?

  1. A dangerous condition, such as a spill, loose mat, broken tile, uneven threshold, or merchandise falling from a shelf.
  2. Notice. The store created the condition, or knew about it, or it was there long enough that reasonable inspection would have found it.
  3. Failure to act. The store did not fix the condition or warn customers in time.
  4. Causation and injury. The condition caused your fall, and the fall caused your injuries.

Notice is often the hardest part. Store video, cleaning or “floor walk” logs, and what employees said at the scene can show how long a hazard was there. Many systems record over video on a routine schedule, so ask a lawyer to send a preservation request quickly. See what to do after falling in a store.

1. Dangerous condition: what the floor or walkway looked like

Examples: spill, loose mat, broken tile, uneven threshold, falling merchandise. Proof that helps: photos taken that day, your shoes and clothing. Store's usual defense: "it was open and obvious."

2. Notice: what the store knew

Examples: staff caused the spill, a prior complaint, a hazard there for a long time. Proof that helps: store video, floor-walk or cleaning logs, employee statements. Store's usual defense: "it just happened."

3. Failure to act: what the store didn't do

Examples: no cleanup, no cone, no warning. Proof that helps: witnesses, the incident report. Store's usual defense: "we inspected on schedule."

4. Causation and injury: how the fall hurt you

Examples: fractures, back or head injuries. Proof that helps: same-day medical records, follow-up care. Store's usual defense: "the injury was pre-existing."

Key facts at a glance

QuestionIndiana answerSource
Who is a shopper under the law?An invitee, owed reasonable careBurrell v. Meads (Ind. 1991)
Deadline to sue (private store)2 years from the fallIC 34-11-2-4
Notice deadline (city or county property)180 days, in writingIC 34-13-3-8
Notice deadline (State property)270 days, in writingIC 34-13-3-6
If you were partly at faultDamages reduced by your shareIC 34-51-2-5
When you recover nothingYour fault is greater than everyone else's combined (51%+)IC 34-51-2-6
Where Indianapolis cases are filedUsually Marion Superior CourtMarion County courts

How does the 51% comparative fault bar work?

Stores often argue that you should have seen the hazard. Indiana’s modified comparative fault law (IC 34-51-2) handles that argument this way:

  • Your damages are reduced by your percentage of fault (IC 34-51-2-5). If a jury finds total damages of $100,000 and finds you 20% at fault, the recovery is reduced to $80,000.
  • If your fault is equal to everyone else’s combined (50/50), you can still recover, reduced by half.
  • If your fault is greater than the combined fault of everyone else, 51% or more, you recover nothing (IC 34-51-2-6).

Read more about falls where you may be partly at fault.

How long do you have to file, and are there shorter deadlines?

An action for injury to a person must be commenced within two years after the cause of action accrues (IC 34-11-2-4). For a fall, that is usually the date of the fall. Shorter deadlines apply if the property is government-owned. A fall in a city building, a public library, or on other local government property in Indianapolis requires written notice within 180 days (IC 34-13-3-8), and a fall on State property within 270 days (IC 34-13-3-6). Indiana’s comparative fault statute does not apply to tort claims against government entities (IC 34-51-2-2). See Indiana slip and fall filing deadlines.

What can you recover?

Depending on the facts, an injured shopper may recover medical expenses, lost wages, and compensation for pain and for limits on daily life. Health insurers and other payers may have liens that must be repaid from a settlement. See who pays medical bills after a fall.

Where is an Indianapolis case filed?

Most Marion County injury lawsuits are filed in Marion Superior Court in downtown Indianapolis. Many claims are resolved with the store’s insurer or claims administrator without a trial, but the filing deadline still applies while you negotiate.

What should you do next?

Poynter & Bucheri is an Indianapolis law firm that has helped Indiana accident victims since 1996.

How do you talk with a lawyer in Indianapolis?

Slip and falls at businesses are a primary focus of our practice. Our main office is at 4202 Madison Ave, Indianapolis, IN 46227 · (317) 780-8000 · toll free 1-800-265-9881.

We work on a contingency fee: if you do not win your case, you will pay no attorneys’ fees. If there is no recovery, the client owes no fee. Case costs and expenses paid by the firm are reimbursed from any settlement or recovery.

For more on hazards in retail settings, see store and grocery falls and our Indiana slip and fall lawyer page.

Frequently asked questions

Can I sue a store in Indianapolis if I slipped and fell?

Yes, if the store created the hazard, or knew or should have known about it and failed to fix it or warn you, and the fall caused your injury. A fall by itself is not enough.

How long do I have to sue after falling in a store in Indiana?

Most Indiana premises injury lawsuits must be filed within two years of the fall (IC 34-11-2-4). Falls on government property require written notice within 180 days (local) or 270 days (State).

What if the store says I was partly at fault?

Under Indiana’s modified comparative fault law, your damages are reduced by your share of fault. You are barred only if your fault is greater than the combined fault of everyone else, often called the 51% bar (IC 34-51-2-6).

Do I need the store’s video to win?

Not always, but video is often key evidence of how long a hazard was there. Many systems record over footage, so a prompt written preservation request matters.

Will the store's insurance company call me?

Often, yes. The store's insurer or claims administrator may ask for a recorded statement. You don't have to give one before talking with a lawyer, and anything you say can be used to argue you were at fault.

Sources

  • IC 34-11-2-4 — official heading: “Injury or forfeiture of penalty actions.” An action for injury to a person or to personal property generally must be started within two years after the cause of action accrues.
  • IC 34-51-2-6 — official heading: “Barring of recovery; degree of contributory fault.” A claimant cannot recover if the claimant’s fault is greater than the fault of all persons whose fault proximately contributed to the damages.
  • IC 34-51-2 — official heading: “Chapter 2. Compensatory Damages: Comparative Fault.” Indiana’s comparative fault chapter: a claimant’s own fault reduces damages in proportion, and recovery is barred if the claimant’s fault is greater than the combined fault of everyone whose fault contributed (sections 5 and 6).
  • IC 34-51-2-5 — official heading: “Effect of contributory fault.” A claimant’s own fault reduces the damages awarded in proportion to that fault, but does not bar recovery except as provided in section 6.
  • IC 34-13-3-8 — official heading: “Claims against political subdivisions; notice requirement.” A tort claim against a political subdivision (such as a city or county) is barred unless written notice is filed within 180 days after the loss occurs.
  • IC 34-13-3-6 — official heading: “Notice to attorney general and state agency involved.” A tort claim against the State is barred unless written notice is filed within 270 days after the loss occurs.
  • IC 34-51-2-2 — official heading: “Governmental entities and public employees excepted.” The comparative fault chapter does not apply to tort claims against governmental entities or public employees.

Indiana Code links open the official chapter PDF from the Indiana General Assembly (2026 Code); federal rules link to the current eCFR text.

More official links: Indiana accident resources · Indiana crash statistics · How to get your crash report

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