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Law Offices of Moseley & Martinez, LLC
Moseley & Martinez Injury Lawyers sign at 8002 Utah Street, Merrillville

Why South Bend clients call Moseley & Martinez

Our South Bend office on North William Street serves clients throughout St. Joseph, Elkhart, Marshall, and LaPorte Counties. Our South Bend office is at 115 N. William Street, Suite 101, South Bend, IN 46601, and you can reach it at (574) 707-8675. If you cannot come to us, we will come to you, including hospital and home visits for seriously injured clients.

The U.S. 31 bypass, the Toll Road interchanges, and U.S. 20 through Mishawaka are the crash corridors that fill Memorial and Saint Joseph Regional. Notre Dame brings pedestrian and bicycle cases, and the Grape Road retail corridor brings the premises cases. Our South Bend office is on North William Street, a few blocks from the courthouse.

Where South Bend cases are filed: St. Joseph Superior Court at the St. Joseph County Courthouse in downtown South Bend.

Hospitals we work with for South Bend clients: Memorial Hospital of South Bend, Saint Joseph Regional Medical Center (Mishawaka). We request records and bills directly so you are not chasing them.

  • A straight answer about whether you have a case, free, and no fee unless we recover money for you
  • Spanish-speaking staff: se habla español
  • Demand packages built to litigation standards, which is what moves adjusters
  • You get the check; we handle the bills. Every lien is negotiated down before anything is paid out

Where slip and fall injuries happen

The surfaces are familiar: liquid from a leaking cooler in a grocery store, produce dropped in the aisle, a freshly mopped floor with no cone in sight, rain and snow tracked across a tile entryway with no mat, ice in a parking lot or on a walkway that was never salted, and grease on a restaurant kitchen floor or the entryway where staff walk it out. Big-box retailers, grocery stores, gas stations, restaurants, apartment buildings, and hospitals all generate these cases. A slip is different from a trip, which involves a fixed hazard such as a raised sidewalk or an unmarked step; those cases are covered on our Trip and Fall page, and the law that applies to both is explained on our Premises Liability page.

The fight over how long it was there

Under Indiana law, following the Restatement (Second) of Torts § 343, we must show the owner knew or should have known about the hazard, should have expected you would not discover it, and failed to fix it or warn you. In a slip case the owner almost always claims it had no idea the spill was there. That is why the central question is constructive notice: how long the hazard existed before you fell. A puddle with cart tracks running through it, a spill that has dried at the edges, or ice that formed hours earlier all tell a story. Surveillance video, sweep logs, inspection schedules, and employee statements show whether the owner was checking the floor the way a reasonable business would, and much of that evidence is deleted on a schedule unless it is requested promptly.

The defenses you will hear

The owner’s insurer will say you should have been watching where you were walking, that your footwear was the problem, or that a warning cone was out and you ignored it. We answer each one with evidence. A cone placed after the fall, or a cone so far from the hazard that nobody would connect the two, is not a warning. Footwear is examined and photographed. We test or retain experts to test the slip resistance of the flooring itself, because a surface that fails the applicable ASTM standard when wet is a hazard the owner chose to install. Indiana’s comparative fault rule still allows recovery unless you were more than 50 percent at fault, with the award reduced by your share.

Deadlines in Indiana

Most injury claims must be filed within two years of the date of injury (Ind. Code § 34-11-2-4). If a city, county, or state agency is involved, a tort claim notice may be required within 180 days. The sooner you call, the more evidence we can preserve.

Attorneys who handle South Bend slip and fall cases

Jason R. Moseley

Jason R. Moseley

Founding Partner

A Chicago-area native who worked in telecommunications and held two jobs to support his family before law school, Jason founded the firm in 2010 on a no-nonsense, plain-spoken approach to solving clients’ problems.

Miguel F. Martinez

Miguel F. Martinez

Founding Partner

Admitted to the Indiana bar at 24, the youngest licensed attorney in the state at the time, Miguel pairs that early start with more than fifteen years helping Northwest Indiana families through injury claims and bankruptcy.

Also serving

Mishawaka · Granger · Elkhart · Goshen · Plymouth · LaPorte · Michigan City

Frequently asked questions

Where will my South Bend case be filed?

Most South Bend injury cases are filed in St. Joseph Superior Court at the St. Joseph County Courthouse in downtown South Bend. Our attorneys appear there regularly and know the local judges, the mediators, and the defense firms the insurers hire.

I fell at a store but did not report it. Do I still have a case?

Possibly. Reporting helps, but it is not required. Contact us quickly so we can request video and incident records before they are purged.

The store says I should have been watching where I was going.

That is the standard comparative fault defense. Indiana still allows recovery unless you were more than 50 percent at fault, and the owner’s failure to fix or warn about a hazard often outweighs that argument.

Find out if you have a case. It costs nothing to ask.

Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.

Call Do I have a case?