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Our Personal Injury Blog

 

Indiana Product Liability Act May Require Expert Testimony in Some Product Liability Cases

| Jun 25, 2018 |

Earlier this month, a federal appellate court issued a written opinion in an Indiana product liability case dismissing a plaintiff’s case for failing to file the required expert’s affidavit. The case is important for all Indiana product liability plaintiffs, because it explains when an expert witness may be required and also illustrates the potential consequences of not complying with the…

Trial Judge Improperly Weighs Evidence During Summary Judgment Motion in Recent Premises Liability Lawsuit

| Jun 18, 2018 |

In many Indiana personal injury cases, one or more parties files a motion for summary judgment before the witnesses are sworn and the actual trial begins. By filing a motion for summary judgment, a party is asking the trial judge to make a determination that they are entitled to judgment as a matter of law. In other words, the filing…

Court Holds Horse-Drawn Carriage Accident Falls Outside UIM Policy Coverage

| Jun 11, 2018 | ,

Recently, a state appellate court issued a written opinion in a personal injury case that raises an interesting issue confronting many Indiana car accident plaintiffs. The case required the court to determine if the plaintiff’s insurance company was required to provide underinsured motorist coverage in an accident involving a horse-drawn carriage. Ultimately, the court took a close look at the…

Court Discusses the Summary Judgment Standard in Recent Premises Liability Lawsuit

| Jun 5, 2018 |

In Indiana personal injury cases, before a case reaches trial, it will likely go through the summary judgment stage. Summary judgment is a process in which either party can ask the court to rule in their favor before witnesses are sworn or evidence is considered. Essentially, the court reviews the pleadings, accepting all uncontested facts as true, and then makes…

Dog Bite Cases in Indiana

| May 29, 2018 |

Under Indiana law, the owners of dogs can be held liable for injuries caused by their pets. It is important to understand the type of Indiana dog bite claim that is being brought because the requirements vary depending on several factors. Indiana Code section 15-20-1-3 discusses a situation in which a mail carrier, police officer, or other person carrying out…

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…

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