Our Personal Injury Blog
Earlier in November, a written opinion was issued about an Indiana product liability case discussing whether a plaintiff’s incorrect use of the product is a complete defense for the manufacturer. The court held that a plaintiff’s misuse of a product can be a total defense if it is proven by the manufacturer. The Factual Scenario According to the court’s opinion, the plaintiff purchased…
Recently, a state appellate court issued an opinion in a personal injury case discussing the res ipsa loquitor doctrine. Res Ipsa Loquitor is a legal doctrine that applies in some Indiana personal injury cases and allows the fact-finder to make an inference that the defendant was negligent although there is no direct evidence of the defendant’s negligence. The Facts of…
One of the most important decisions that an Indiana car accident plaintiff must make is which parties to name as defendants. This decision is so important because it can have a significant effect on whether the plaintiff will be able to recover for their injuries and, if so, how much they will be able to recover. One reason for this…
Recently, a federal appellate court issued a written opinion in a personal injury case illustrating an important concept that frequently arises in Indiana car accident cases. The case presented the court with the opportunity to discuss whether the plaintiff’s wrongful death case could survive the defendants’ motion for summary judgment. Specifically, the issue presented to the court was whether the…
Dogs are among the most common pets in the United States because they can provide owners with both companionship and security. However, each year there are hundreds of Indiana dog bite cases. Under Indiana law, these cases, for the most part, are governed by the common law theory of negligence. Dog Bite Liability Generally As a general matter, there are…
Recently, a state appellate court issued an opinion in a personal injury case involving a car accident that was allegedly caused by a police officer’s negligence. The case presented the court with the opportunity to discuss whether the city that employed the officer was entitled to governmental immunity. Ultimately, the court concluded that because the officer failed to drive with…
When someone is involved in an Indiana car accident that was caused by another driver, there is a good chance that the at-fault driver will not have adequate insurance coverage to fully compensate the accident victim for their injuries. This is also the case in Indiana hit-and-run accidents where the at-fault driver evades law enforcement and is never located. In…
When a victim of a car accident files an Indiana personal injury lawsuit against the party they believe was responsible for causing their injuries, the case proceeds through a number of stages before it goes to trial. Through each stage, the parties learn a little more about the strength of their case, the opposing party’s likely arguments, and the amount…
Some of the most difficult jobs of a lawmaker is to weigh legitimate but competing interests and develop a reasonable compromise that everyone can live with. The Indiana recreational-use statute is a good example of Indiana lawmakers attempting to secure ample outdoor space for recreational activity while at the same time ensuring that Indianans remain safe while at play. A…
Recently, a state appellate court issued a written opinion in a personal injury case involving a plaintiff’s claim against the city that employed a police officer who struck her car while responding to an emergency call. The case presents important issues that frequently arise in Indiana personal injury cases that are brought against government employees or entities under the Indiana…