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Our Personal Injury Blog

 

Court Determines Landowner May Be Entitled to Immunity Under Recreational-Use Statute Even When Land is Not Solely Used for Recreational Purposes

| May 21, 2018 |

Recently, a state supreme court issued an opinion in a personal injury case presenting an important issue for Indiana premises liability plaintiffs. The case raised the question of whether a landowner – in this case, a local government – is entitled to immunity under a recreational-use statute when the land in question is used for both recreational and non-recreational purposes.…

Plaintiff’s Misleading Testimony Results in the Dismissal of His Case

| May 16, 2018 | ,

Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of being truthful in all testimony before the court. The case presented the court with the opportunity to determine whether a lower court was proper to dismiss a plaintiff’s case, based on the fact that he provided answers that were later determined to…

Court Finds Plaintiff Assumed the Risk of Injury in Recent Ski Accident Case

| May 4, 2018 | ,

Recently, a federal appellate court issued a written opinion in a case involving a man who was seriously injured while skiing off-trail at a world-renowned ski resort. The case required the court to determine if the ski resort owed the plaintiff a duty of care to prevent this type of accident. Finding that the plaintiff assumed the risks involved in…

Court Rejects Indiana Plaintiff’s Slip-and-Fall Case, Finding Plaintiff Failed to Show Defendant’s Knowledge of Dangerous Condition

| Apr 23, 2018 | ,

Recently, the United States Court of Appeals for the Seventh Circuit issued a written opinion in an Indiana slip-and-fall case involving a woman’s fall at a pharmacy chain. The case required the court to determine if a lower court was proper in granting summary judgment in favor of the defendant. Finding that the plaintiff failed to establish that the defendant…

Court Discusses Government’s Duty to Place Road Signs in Recent Car Accident Case

| Apr 18, 2018 | ,

As a general matter, the state and local governments enjoy immunity from personal injury lawsuits. However, each state has a tort claims act that statutorily waives immunity in some situations. Each state’s tort claims act is a little different, with most states outlining the situations in which immunity is waived. Indiana’s Tort Claims Act, however, is different in that it…

Federal Court Issues Opinion in Negligent Entrustment Case

| Apr 11, 2018 | , ,

The legal theory of negligent entrustment allows for an Indiana car accident victim to seek compensation from the owner of a vehicle who negligently allowed another person to use the vehicle that was involved in the accident. Since a negligent entrustment claim allows for an accident victim to hold a third party (the vehicle’s owner) liable for the negligent actions…

Court Rules in Business’ Favor in Recent Premises Liability Lawsuit Involving Children at Play

| Apr 2, 2018 |

Earlier this month, a federal appellate court issued an opinion in a personal injury lawsuit illustrating an issue that may have an impact on some Indiana premises liability cases involving children who have been injured while in the company of their parents. The case presented the court with an opportunity to discuss how a parent’s presence can act to reduce…

Appellate Court Affirms Denial of Car Accident Plaintiff’s Motion for New Trial

| Mar 11, 2018 | ,

Earlier this month, an appellate court issued a written opinion in a personal injury case affirming the denial of the plaintiff’s motion for a new trial based on the alleged failure of the jury to consider what the plaintiff claimed to be uncontroverted evidence. The court, however, interpreted the evidence differently, finding that the evidence presented at trial was in…

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