Our Personal Injury Blog
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…
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…
Earlier this month, a state appellate court issued a written opinion in a personal injury case involving a plaintiff who was mauled by a pack of four or five dogs. The case presented the court with the opportunity to discuss whether the state imposes strict liability on the owners of dogs and, if so, whether the doctrine of comparative fault…
As a general rule, landowners have a duty to ensure that their property is safe for those whom they invite onto their land. An invitation may be an explicit one, such as an invitation to join a neighbor for dinner, or it may be implicit given the circumstances, such as a customer who visits a business. In either case, a…
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…
Earlier this month, an appellate court in Georgia issued a written opinion in a personal injury case that clearly illustrates an issue that frequently arises in Indiana premises liability cases. The case involved a handyman who was seriously injured while moving a piece of glass while working at the defendant’s home. The case required the court to determine if the…
Being involved in an Indiana car accident is a traumatic experience, and the road to recovery can be a long one. Initially, accident victims must deal with the physical and emotional injuries sustained in the crash. This can take months, if not longer. However, at some point, an Indiana car accident victim must also face the financial impact of the…
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…
All landowners, especially business owners, owe a duty of care to keep their property safe for those whom they invite onto their property. The extent of the duty owed to a visitor depends on the relationship between the landowner and the visitor, but as a general rule, the highest duty is owed to someone who visits for business purposes, i.e.,…
Earlier this month, a federal appellate court issued a written opinion in a personal injury case requiring the court to determine if a plaintiff’s case against a ski resort could proceed toward trial despite the fact that she had signed an accident-release waiver prior to her injury. After reviewing the applicable law, the court concluded that the release waiver was…