Question: What are the requirements of the Indiana Tort Claims Act (“ITCA”)? Answer: The ITCA provides that a claim against a political subdivision is barred unless the prescribed notice i...
What is an “Excited Utterance” as it relates to the hearsay rule?
Question: What is an “Excited Utterance” as it relates to the hearsay rule? Answer: Hearsay is defined as an out-of-court statement offered in court to prove the truth of the matter assert...
What civil liability can a dog owner have if they do not maintain their dog on a leash and that dog bites someone causing injury?
Question: What civil liability can a dog owner have if they do not maintain their dog on a leash and that dog bites someone causing injury? Answer: It is well-established that the keeper of an animal ...
Are there penalties in a civil case for intentionally destroying evidence to ensure the other side can not get access to that evidence?
Question: Are there penalties in a civil case for intentionally destroying evidence to ensure the other side can not get access to that evidence? Answer: Yes, this type of action is call “spolia...
Can parents that furnish alcohol and allow underage party guests to drink that alcohol be sued?
Question: Can parents that furnish alcohol and allow underage party guests to drink that alcohol be sued when injuries arise directly due to the minor’s intoxication? Answer: YES. Indiana Code m...
What is the difference between a “bomb” and a “firework”?
Question: What is the difference between a “bomb” and a “firework”? Answer: Commonly understood, a “bomb” is an explosive device designed to release destructive mat...
CDL Manual to question a negligent truck driver involved in collision?
Question: Why use Indiana’s CDL Manual to question a negligent truck driver involved in collision? Answer: Well, Indiana’s CDL Manual represents the rules that individuals must abide by to...
Who is responsible for fixing dangerous sidewalks?
Question: Who is responsible for fixing dangerous sidewalks? Answer: The duty to maintain sidewalks in a reasonably safe condition falls solely with the governmental entity where the sidewalk is locat...
Can emergency vehicles disregard all traffic laws when responding to an emergency?
Question: Can emergency vehicles disregard all traffic laws when responding to an emergency? Answer: The operator of an emergency vehicle does not have an unqualified right to disregard traffic laws. ...
Are lie detector test results admissible in court?
Question: In the State of Indiana, are lie detector test results admissible in court? Answer: The Indiana courts has often found that evidence of a polygraph examination is not admissible in evidence,...