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Our Personal Injury Blog

 

Court Broadly Interprets Good Samaritan Law to Include Non-Medical Professionals Who Provide Any Kind of Emergency Treatment

| Sep 20, 2016 | ,

Good Samaritan laws were designed to protect passersby from liability when they try to help an injured person during an emergency. The idea is that if the law fails to offer protection to someone trying to help another person in peril, citizens are unlikely to ever offer such assistance for fear of civil liability. However, the type of conduct that is covered…

Case Arising from “Garden Variety” Traffic Accident Involving Paramedic Not Considered a Medical Malpractice Case

| Sep 13, 2016 | ,

Earlier last month, an appellate court issued a written opinion in a car accident case brought by a man who was injured by an on-duty paramedic on his way to the scene of an accident. The case, Aldana v. Stillwagon, presented the issue of whether a case involving a regular traffic accident caused by an on-duty paramedic should be considered a…

Appellate Court Upholds $3.75 Million Medical Malpractice Verdict Stemming from Improperly Sanitized Medical Equipment

| Sep 6, 2016 |

Earlier this month, an appellate court in Idaho issued a written opinion affirming a jury’s verdict in favor of a man who lost his wife to a serious infection after undergoing a procedure at the defendant’s cosmetic clinic. In the case, Ballard v. Kerr, the court dismissed the defendant’s approximately 20 claims of error and affirmed the jury’s verdict below.…

Discrepancies in Insurance Contracts Are Often Resolved in Favor of the Insured

| Aug 25, 2016 | ,

Auto insurance coverage is required in Indiana, and most motorists are familiar with the coverage they have and how to go about using it when the need arises. However, the contract that is entered into between a motorist and an insurance company is lengthy, and most motorists do not take the time to read over the entire policy but instead skim…

Product Liability Lawsuit Dismissed Based on “Optional Equipment Doctrine”

| Aug 18, 2016 |

Earlier this month, a federal appellate court affirmed the dismissal of a product liability case filed against a ride-on lawnmower manufacturer. In the case, Parks v. Ariens, the court held that the defendant manufacturer was not negligent in failing to install a roll-over protection system (ROPS) on a ride-on lawnmower because it offered the ROPS as optional equipment at an…

Dividing Up Liability Among Defendants in Indiana Personal Injury Cases

| Aug 11, 2016 | ,

While some accidents only involve one plaintiff and one defendant, others involve multiple defendants. This can create an issue when it comes to determining which defendants are responsible for compensating the plaintiff in the event of a plaintiff’s verdict. Jurisdictions around the country have different methods of determining how defendants are required to compensate a plaintiff when there are several…

Statutes of Limitations in Indiana Medical Malpractice Cases

| Aug 4, 2016 |

Personal injury and medical malpractice cases are subject to a maximum amount of time that a plaintiff can wait before bringing the lawsuit. This amount of time is outlined in what is called a statute of limitations. There are several types of statutes of limitations, and determining which statute of limitations applies in any given case is not always straightforward.…

Recreational Use Statute Prevents Paralyzed Accident Victim from Seeking Compensation

| Jul 27, 2016 | ,

Earlier this month, an appellate court in Rhode Island issued an instructive opinion regarding that state’s recreational use statute and how the statute may be used by defendants to avoid liability in a premises liability case. The case is also instructive to potential premises liability plaintiffs, since it shows which facts must be pleaded and proven in order for the case to…

Court Finds Dangerous Placement of Parking Lot May Give Rise to Liability in Premises Liability Case

| Jul 20, 2016 | ,

Premises liability cases, like most other cases brought under the legal theory of negligence, require that the plaintiff establish the defendant owed them a duty of care. In many cases, this element is the easiest for the plaintiff to prove, but in others there may be substantial litigation over whether a duty of care exists. In a recent case in front…

Appellate Court Denies Insurance Company’s Jurisdictional Challenge to Accident Victim’s Lawsuit

| Jul 13, 2016 | ,

Earlier this month, the Michigan Supreme Court issued an interesting opinion illuminating the jurisdictional issues that can arise in personal injury cases. In the case, Hodge v. State Farm Mutual Automobile Insurance Company, the plaintiff was a woman who was injured when she was struck by a vehicle insured by State Farm. After the accident, the plaintiff filed a lawsuit…

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