Losing a family member to a sudden fall is a terrible shock. When a fatal fall happens on someone else's property, the family is often left wondering if the property owner is responsible. In Indiana, if a dangerous condition caused the fall, the family may be able to bring a wrongful death claim.
These claims usually involve falls on stairs, collapses on balconies, or slipping on untreated ice. Because these cases combine premises liability law with wrongful death law, they have specific rules about who can file, what must be proven, and what damages are available.
Premises liability and fatal falls
When someone visits a business or a public place, they are considered an "invitee" under Indiana law. Property owners owe invitees a duty of reasonable care.
To hold a property owner liable for a fatal fall, you generally must show that the owner knew or should have discovered the dangerous condition. You also must show that the owner should have expected visitors would not discover the danger or protect themselves, and that the owner failed to use reasonable care to fix it or warn about it.
Common hazards that lead to a slip and fall include:
- Broken or missing handrails on stairs.
- Rotting wood or loose fasteners on a balcony.
- Uneven steps that violate building codes.
- Snow and ice that the owner failed to treat. General premises liability principles apply on private property. Falls on government property follow the Tort Claims Act, which has short notice deadlines and weather immunity (IC 34-13-3-3).
A property owner is not automatically responsible just because a fall happened on their land. You must prove that their negligence caused the fall.
The Adult Wrongful Death Act
If the person who died was an unmarried adult with no dependents, or a married adult with no dependents who was killed by their spouse, the claim falls under the Adult Wrongful Death Act (IC 34-23-1-2).
This law has strict limits on damages. Under this act, you cannot recover punitive damages, and you cannot present evidence of the person's lost earnings. Damages for the loss of love and companionship are capped at $300,000 in the aggregate, and the jury is not told about this cap.
To recover damages for loss of love and companionship under this act, a non-dependent parent or child must prove they had a genuine, substantial, and ongoing relationship with the person who died. The medical, funeral, and burial expenses are paid directly to the estate. You can read more about this specific situation on our adult with no dependents page.
Wrongful death vs. survival claims
Sometimes, a person survives a severe fall and starts a personal injury claim, but later passes away. What happens to the claim depends on the cause of death.
If the injuries from the fall eventually caused the death, the case proceeds as a wrongful death claim. However, if the person died from completely unrelated causes, the case becomes a survival claim under IC 34-9-3-4. Indiana law states that you cannot recover on both a wrongful death claim and a survival claim for the same person.
Deadlines to file
The general deadline to file a wrongful death lawsuit in Indiana is two years from the date of death (IC 34-23-1-1). This is a strict deadline. If you miss it, the court will likely dismiss the case.
Additionally, a wrongful death lawsuit cannot be filed by just any family member. It must be brought by the personal representative of the deceased person's estate. This means you must go through the process of opening an estate in probate court before you can file the lawsuit. Because investigating a fatal fall takes time, it is important to start this process long before the two-year mark.
What to do now
- Report the fall to the property owner or business manager immediately so there is a record of the incident.
- Keep a file of all medical bills, hospital records, and the death certificate.
- Take photos of the stairs, balcony, or ice where the fall happened, if you can do so safely.
- Gather contact information for anyone who saw the fall or noticed the hazard beforehand.
- Keep track of the two-year deadline to file a claim.
Questions? Call Poynter & Bucheri at (317) 780-8000. Free consultation. See how our fees work.
Frequently asked questions
What if my loved one was partly at fault for the fall?
Indiana uses a modified comparative fault system (IC 34-51-2-6). If your loved one's share of fault was more than 50%, the claim is barred, and you cannot recover damages. If their fault was 50% or less, the damages are reduced by their percentage of fault.
Who pays for the funeral and medical bills?
In a successful wrongful death claim, the damages recovered for medical, hospital, funeral, and burial expenses go directly to the estate to pay those specific debts.
What if the person who fell was trespassing?
Property owners owe a much lower duty of care to trespassers. A trespasser is generally owed only a duty to refrain from willful or wanton injury. An exception exists for child trespassers under the attractive nuisance doctrine.
What if the person who fell was a child?
If an unmarried person under age 20 (or under 23 if enrolled in postsecondary school) dies in a fall, the claim falls under the Child Wrongful Death Statute (IC 34-23-2-1). This law allows parents to claim damages for the loss of the child's services, love, and companionship, as well as counseling expenses.
Sources
- IC 34-23-1-1 IC 34-23-1-1 (wrongful death deadline)
- IC 34-23-1-2 IC 34-23-1-2 (adult wrongful death act)
- IC 34-9-3-4 IC 34-9-3-4 (survival claims)
- IC 34-51-2-6 IC 34-51-2-6 (comparative fault)
Advertising material. This page is general information about Indiana law, not legal advice, and reading it does not create an attorney-client relationship. Poynter & Bucheri, LLC, 4202 Madison Ave, Indianapolis, IN. (317) 780-8000. Responsible attorney: Donald Poynter.