Question: When you enter someone’s property, do the courts treat you differently based upon why you entered the property in determining what duty was owed to you? Answer: Yes. In Indiana, the st...
When does a manufacturer have a duty to warn of the potential dangers associated with its product?
Question: In the State of Indiana, when does a manufacturer have a duty to warn of the potential dangers associated with its product?Answer: Indiana’s Product Liability Act governs all actions t...
What is an “egg shell thin” plaintiff?
Question: What does it mean when we refer to someone as an “egg shell thin” plaintiff?Answer: It means that plaintiff has a pre-existing medical condition which even if it was unknown to t...
Do you get “sentimental value” for the loss of personal property
Question: Do you get “sentimental value” for the loss of personal property (like your grandfather’s gift of his car to you) due to the negligence of another person?Answer: Usually No...
Can towns/cities interpret their ordinances to say whatever they want them to say?
Question: Can towns/cities interpret their ordinances to say whatever they want them to say? Answer: If the ordinance is clear and unambiguous on its face, the towns/cities must give the ordinances th...
What is “Indiana Recreational Use Statute (IRUS)”?
Question: What is “Indiana Recreational Use Statute (IRUS)”? Answer: It is an Indiana statute that protects landowners from personal injury claims when the landowner opens their property t...
In civil and criminal cases, who is the “13th Juror”?
Question: In civil and criminal cases, who is the “13th Juror”?Answer: It is the trial judge who must determine whether in the minds of reasonable jurors a contrary verdict should have bee...
What are punitive damages?
Question: What are punitive damages? Answer: They are damages awarded by the jury against a defendant in a civil case to punish their conduct and deter others from acting in the similar fashion. Only ...
In a civil case, who should bear the risk of any uncertainty as to the amount of damages if the facts demonstrate that damages were established?
Question: In a civil case, who should bear the risk of any uncertainty as to the amount of damages if the facts demonstrate that damages were established?Answer: Defendants bear the risk of any uncert...
Why do you need uninsured & underinsured motor vehicle coverage?
Question: Why do you need uninsured & underinsured motor vehicle coverage?Answer: To protect yourself from negligent motorist who are not adequately insured to pay for the injuries and damages the...