Our Personal Injury Blog
The most commonly seen types of Indiana premises liability cases are slip-and-fall accidents occurring in the winter months due to accumulated snow or ice on the ground. Snow and ice that accumulates on a landowner’s property create a serious hazard, and Indiana lawmakers recognize as much. A Business Owner’s Obligation to Clear Snow and Ice In Indiana, business owners have…
Earlier this month, the Ninth Circuit Federal Court of Appeals issued a written opinion in a Federal Tort Claims Act (FTCA) case that may impact Indiana personal injury and wrongful death cases involving minor victims. The case required the court to determine if a claim under the FTCA is automatically tolled while the plaintiff is a minor. Ultimately, the court…
Indiana wrongful death claims are meant to compensate the accident victim’s spouse and dependents after their wrongful death. So, what happens if the decedent’s spouse and dependents are no longer alive by the time the case goes to trial? The Indiana Supreme Court took up the issue in a recent case. The Facts According to the court’s written opinion, a…
One of the most common ways that an Indiana car accident victim can prove their case against a defendant is through witness testimony. Frequently, witness testimony in an Indiana car accident case comes in the form of eyewitness testimony, meaning from someone who actually observed the accident. However, some car accident cases present more complex issues that may require an…
Under Indiana premises liability law, property owners are generally not liable for injuries caused to trespassers. However, through Indiana’s attractive nuisance doctrine, a property owner may be liable when a trespassing child is injured on their land due to a dangerous object that attracted the child onto the landowner’s property. A recent state appellate decision illustrates the attractive nuisance doctrine.…
One of the more common defenses that Indiana personal injury victims encounter when attempting to recover for their injuries is that of assumption of the risk. Essentially, the assumption of the risk doctrine bars a plaintiff from recovering for their injuries when the plaintiff is fully aware of the risks involved in an activity, but chooses to participate in the…
All Indiana motorists are required to maintain a certain amount of auto insurance to drive legally. Lawmakers’ idea behind creating such a requirement was to ensure that an at-fault motorist had sufficient assets to cover the costs incurred by the victims of their negligence. Thus, even if an at-fault motorist has no assets themselves, their insurance company will defend the…
Figuring out who to name as a defendant in an Indiana car accident case is an important step in any personal injury case. For example, employers may be liable for employees’ actions even in cases where the employer was seemingly not involved in the accident, as a recent case illustrates. In that case, the plaintiff was evidently a passenger in…
Last month, the Seventh Circuit Court of Appeals issued a written opinion in a case raising an important issue that frequently comes up in Indiana personal injury cases. The case required the court to assess whether a company that provided maintenance for machinery could be held responsible for an accident that may have been able to be prevented if certain…
When someone is injured in an Indiana car accident, the accident victim is entitled to pursue a claim for compensation against any of the parties they believe were responsible for causing the crash. In the majority of cases, car accidents occur on public roads. After an accident on a public road, the motorists involved in the collision should call the…