Question: When is a case frivolous? Answer: If the court finds that the case is groundless and litigated in bad faith. Indiana follows the American Rule in which both parties pay their own fees. In th...
Is Evidence Of A Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident Admissible To Prove Contributory Negligence?
Question: Is Evidence Of A Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident Admissible To Prove Contributory Negligence? Answer: No, The Violation Of The Seatbelt Act May Not Be Us...
Who has great rights while driving on the streets, motor vehicles or bicycles?
Question: Who has great rights while driving on the streets, motor vehicles or bicycles? Answer: Neither, motor vehicles and bicycles have equal rights on the streets and equal rights in the use there...
How much money can a child receive due to an injury caused from being bit by a pet pig?
Question: How much money can a child receive due to an injury caused from being bit by a pet pig? Answer: Potentially zero, if the evidence shows that the pig owner did NOT know or have reason to know...
If two people are involved in a car accident in the State of Illinois, but both parties live in the State of Indiana which state’s law would govern the car accident?
Question: If two people are involved in a car accident in the State of Illinois, but both parties live in the State of Indiana which state’s law would govern the car accident? Answer: Usually, l...
Can allowing an employee to work extra hours expose employer to liability when that employee falls asleep while driving home from work?
Question: Can allowing an employee to work extra hours expose employer to liability when that employee falls asleep while driving home from work? Answer: A duty of reasonable care is not, of course, o...
Who Is Entitled To Get A Copy Of An Indiana Death Certificate?
Question: Who Is Entitled To Get A Copy Of An Indiana Death Certificate? Answer: Indiana’s death record system begins with the death certificate, which contains data used to generate a variety o...
Who Is The “13th Juror” in a civil case?
Question: Who Is The “13th Juror” in a civil case? Answer: It Is the trial judge who is basically being asked to determine whether in the minds of reasonable jurors a contrary verdict shou...
What can I do if my neighbor is doing something on their property that hinders the enjoyment of my property?
Answer: A nuisance is defined as: whatever is: (1) injurious to health; (2) indecent; (3) offensive to the senses; or (4) an obstruction to the free use of property; so as essentially to interfere wit...
Can the Doctrine of Fraudulent Concealment toll Indiana’s 2 year statute of limitations for a wrongful death action?
Question: Can the Doctrine of Fraudulent Concealment toll Indiana’s 2 year statute of limitations for a wrongful death action? Answer: Yes. Indiana enacted a wrongful death statute in 1852. Like...