Parr Richey Frandsen Patterson Kruse

Call For A Free Consultation Today | 317-505-1342

  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
Email

CALL

Photo of John M. McLaughlin, Tony W. Patterson and Paul S. Kruse

Helping You Put Your Life Back On Track After A Serious Injury

  1. Home
  2.  ► 
  3. Premises Liability
  4.  ► 
  5. Federal Court Discusses Why a Plaintiff’s Failure to Wear Safety Equipment Is Generally Inadmissible in Recent Indiana Personal Injury Case

Federal Court Discusses Why a Plaintiff’s Failure to Wear Safety Equipment Is Generally Inadmissible in Recent Indiana Personal Injury Case

Parr Richey Frandsen Patterson Kruse LLP | May 28, 2019 | Premises Liability |

In May of 2019, a federal appellate court issued a written opinion in an Indiana premises liability case discussing whether the jury should have been presented with the evidence that the plaintiff was not wearing a hard hat when he was injured. Finding that Indiana’s Comparative Fault Act precluded the admission of a plaintiff’s failure to wear safety equipment unless such a failure was related to the cause of his injury, the court reversed the jury’s verdict in favor of the defendant and ordered a new trial.

According to the court’s opinion, the plaintiff agreed to help his friend, the defendant, cut down trees on his property. The two agreed the plaintiff would operate the chain saw, and the defendant would keep an eye out for any hazards. While the plaintiff was cutting down a tree, a dead branch fell onto the plaintiff’s head, resulting in near-fatal injuries. The plaintiff was not wearing a hardhat.

At trial, the defendant presented evidence to the jury that the plaintiff did not wear a hardhat and thus assumed the risk of any injury that befell him. The defendant explicitly told the court that he was not arguing that the plaintiff’s injuries would have been less serious if he was wearing a hardhat; the sole focus of the defendant’s argument was that the plaintiff was negligent himself, and should not be permitted to recover for his injuries. The court concluded that the evidence could be used “to show assumption of risk, comparative fault, and whether [the plaintiff] acted as a reasonably careful person.” The jury ultimately found that the plaintiff was 51% at fault and the defendant 49% at fault. Under the Indiana Comparative Fault Act, the plaintiff recovered nothing. The plaintiff appealed.

On appeal, the plaintiff claimed that the lower court erred when it allowed the jury to consider the plaintiff’s decision not to wear a hardhat as evidence of his own negligence. The court agreed. The court held that, under the Indiana Comparative Fault Act, a plaintiff’s own actions could be used to reduce, or even eliminate, his right to recover for his injuries. However, this rule “applies only to a plaintiff’s conduct before an accident or initial injury.”

Here, the court pointed out that the defendant did not argue that had the plaintiff worn the hard hat, his injury would not have occurred, or that his injuries would have been less serious. Instead, the defendant was arguing that the plaintiff was negligent in bringing about his injuries and that the plaintiff’s negligence precluded him from recovery. The court rejected the defendant’s argument, reasoning that the plaintiff’s decision not to wear a hardhat neither “caused or contributed to” the accident. Thus, the appellate court held that using such evidence to prevent the plaintiff from recovering for his injuries was in error.

Have You Been Injured on Another’s Property?

If you or a loved one has recently been injured while on another’s property, you may be entitled to monetary compensation through an Indiana premises liability lawsuit. At Parr Richey Frandsen Patterson Kruse, we represent accident victims and their loved ones in claims against those who are responsible for their injuries. We confidently handle Indiana personal injury and wrongful death cases across the state in both state and federal courts. To learn how we can help you pursue a claim for compensation for the injuries you have sustained, call 888-532-7766 to schedule a free, no-obligation consultation today. Calling is free, and we will not bill you for our services unless we are able to help you recover fair compensation for your injuries.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

« Older Entries

Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Today

Parr Richey Frandsen Patterson Kruse

Phone
317-505-1342

  • Follow

Indianapolis Law Office

251 North Illinois Street
Suite 1800
Indianapolis, IN 46204

Lebanon Law Office

225 West Main Street
PO Box 668
Lebanon, IN 46052
Chicago Law Office

One East Wacker Drive
Suite 2600
Chicago, IL 60601

Review The Firm

© 2025 Parr Richey Frandsen Patterson Kruse LLP • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw