Question: Does an owner of property abutting have a duty to remove snow from a public street or sidewalk? Answer: No. It is well settled in Indiana that an owner or occupant of property abutting a pub...
Are “quantum meruit” and “unjust enrichment” the same legal theory in the State of Indiana?
Question: Are “quantum meruit” and “unjust enrichment” the same legal theory in the State of Indiana? Answer: No. Indiana case law often uses the terms “quantum meruit” and “unjust enric...
Can Hospitals Have Liability For The Acts Of Independent Contractor Physicians That They Employ?
Question: Can Hospitals Have Liability For The Acts Of Independent Contractor Physicians That They Employ? Answer: Yes. In the area of hospital liability, there has been an ongoing movement by courts ...
What does the tolling of the statute of limitations mean?
Questions: What does the tolling of the statute of limitations mean? Answer: It allows for an extension for filing a claim in certain circumstances. Indiana provides that an action for injury to perso...
Are you entitled to diminution in value of your vehicle involved in a collision?
Question: Are you entitled to diminution in value of your vehicle involved in a collision? Answer: Maybe. Under common law tort doctrines, the measure of damages recoverable from a tortfeasor is gener...
Can you sue a state in federal court for its violation of your constitutional rights?
Question: Can you sue a state in federal court for its violation of your constitutional rights? Answer: Not unless the state waives its immunity under the 11th Amendment. The 8th Amendment, which appl...
Does a landlord have liability when their tenant’s dog bites someone?
Question: Does a landlord have liability when their tenant’s dog bites someone? Answer: Maybe. To prevail on a claim of negligence plaintiffs must show: (1) duty owed to plaintiff by defendant; (2) ...
What is the “Bystander Rule”?
Question: What is the “Bystander Rule”? Answer: Standard for negligent infliction of emotional distress. To recover for negligent infliction of emotional distress, a plaintiff must sustain a direc...
What is the amount of a worker’s compensation lien relating to third party injury case?
Question: What is the amount of a worker’s compensation lien relating to third party injury case? Answer: In order to establish its lien, the insurance carrier must prove a causal nexus between the ...
Does A Strip Search Violate a defendant’s 4th Amendment Rights?
Question: Does A Strip Search Violate a defendant’s 4th Amendment Rights? Answer: Not if A Lawful Arrest Has Been Made As Long As The Search Is Not Extreme or patently abusive. Indiana and federal c...