Helping You Put Your Life Back On Track After A Serious Injury
Earlier this month, a state appellate court issued a written opinion in a personal injury case requiring the court to interpret and apply the state’s recreational use statute. Ultimately, the court interpreted the statute as written to confer immunity to the defendant landowner, so the plaintiff’s case was dismissed. While the case was brought in a different state, it discusses…
During the formative years of the United States, certain principles were included in the U.S. Constitution and early amendments that still exist today. However, over time, the country has moved away from some of these principles and limited their application through the passage of new laws. One of the principles that has been continually rolled back over the past two…
Indiana schools have a duty to ensure the safety of students while they are attending school and after-school activities. This duty generally requires that school employees and administrators take reasonable precautions to prevent injuries. For example, schools are required to maintain safe premises, free of dangerous hazards that may result in an Indiana slip-and-fall accident. Schools are also responsible to…
Indiana landowners have a duty to make sure that their property is safe for the people whom they allow to enter and remain on their property. When a landowner fails to take adequate precautions to ensure a safe area, the injured party can generally seek compensation for their injuries through an Indiana premises liability lawsuit. Indiana’s recreational use statute, however,…
When someone intends on filing an Indiana wrongful death lawsuit, a thorough investigation must be conducted to determine all of the proper parties that should be named in the lawsuit. In situations in which a government entity is discovered to be one of the potential defendants, Indiana law requires that certain additional steps be taken when naming that entity as…
As a general rule, government entities cannot be held liable for Indiana accidents under the doctrine of sovereign immunity. The concept of sovereign immunity has been around since the formation of our country. Essentially, sovereign immunity provides total immunity to government entities and employees for their negligent acts. However, over the years, states have enacted various laws that create exceptions…
Earlier this month, an appellate court in Alabama issued a written opinion in a premises liability case that was brought by an accident victim against a local city that owned and operated the park where the plaintiff’s injury occurred. The case presented the court with the opportunity to discuss recreational-use immunity and what a plaintiff must show to overcome this immunity.…
Earlier this month, an appellate court in California issued a written opinion in a car accident case that was brought by a woman who was run over by a truck as she was on location fighting a wildfire. The court ultimately determined that since the woman’s injuries were caused in the course of her employment as a firefighter, she was not…
An axiomatic law of appellate procedure is that an appellate court can only rule on an issue on which the trial court had the opportunity to rule below. Thus, any argument that a party fails to make during a trial will considered to be waived for the purpose of appellate review. This rule is very important for personal injury plaintiffs to…
Late this month, an appellate court in Ohio issued an interesting decision involving the limits of a local government’s immunity from personal injury lawsuits involving claims that the government failed to maintain a public road. In the case, Bibler v. Stevenson, the court determined that a local government was not entitled to immunity when it allowed a stop sign to…