Our Personal Injury Blog
Sometimes car accidents are unavoidable. However, in many cases, car accidents can be prevented by taking certain precautions and with the exercise of common sense. In Indiana, the leading causes of car accidents are reckless driving, distracted driving, and intoxicated driving. In each of these situations, a driver has the ability to avoid the risk factors that contribute to the…
Over the past several years, General Motors has paid out over $2 billion in fines and damages related to faulty ignition switches in several of the company’s models. In cases across the country, accident victims claimed that GM was responsible for their injuries, due to the faulty switches. However, the problem was not just that the switches were faulty but…
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a number of people who were injured when the rear deck of a home owned by the defendant and rented to several of the plaintiffs disconnected from the home and fell to the ground. Ultimately, the court concluded that the landlord…
Earlier this month in Michigan, one boy was killed and 14 others hospitalized after they were all exposed to what was believed to be carbon monoxide while at a hotel’s indoor swimming pool. According to a local news source covering the tragedy, many of the injured guests were found unconscious in the pool area, which evidently did not have a carbon…
Earlier this month, a state appellate court issued a written opinion in a dog bite case requiring the court to determine if the lower court was proper to dismiss the case based on a lack of evidence of the defendant’s knowledge that the dog that bit the plaintiff was dangerous. Ultimately, the court determined that the lower court should not…
An axiomatic law of appellate procedure is that an appellate court can only rule on an issue on which the trial court had the opportunity to rule below. Thus, any argument that a party fails to make during a trial will considered to be waived for the purpose of appellate review. This rule is very important for personal injury plaintiffs to…
Earlier this month, a state appellate court issued a written opinion in a car accident case that was brought by a woman who was not in either car at the time of the accident, but was struck by one of the cars involved in the accident while she was standing on the corner. The court had to decide if the…
Earlier this month, the Supreme Court of Indiana issued a written opinion in a personal injury case brought by a woman who was injured when another student jump-kicked the bag she had volunteered to hold during karate practice. Ultimately, the court determined that, because jump kicks are an ordinary within the sport of karate, the defendant did not breach the…
Earlier this month, an appellate court in Wyoming issued an opinion in a premises liability lawsuit brought by the parents of a middle-school student who fell while playing on a patch of ice with friends. The court ultimately affirmed the dismissal of the plaintiffs’ case, based on the fact that the allegedly hazardous condition that caused the boy’s fall was…
Last month, a Georgia appellate court issued a written opinion in a premises liability case that required the court to determine if the plaintiff’s allegations of what caused her fall were sufficient to survive a summary judgment challenge by the defense. Ultimately, the court determined that the plaintiff’s version of how her injuries were caused was “mere speculation” and did…