Question: Can a property owner testify as to the value of their property? Answer: Yes, the owner of property can be shown to be competent to testify as to its value. See below. In order for any witnes...
Can you ask leading question at trial in the State of Indiana?
Question: Can you ask leading question at trial in the State of Indiana? Answer: Yes, but there is discretion by the trial court, see below. It is in the sound discretion of the trial court permit the...
What is “Notice Pleading”?
Question: What is “Notice Pleading”? Answer: When you file your complaint against defendant, plaintiff merely has to give enough facts in the complaint that would put a reasonable person on notice...
Can an attorney do a demonstration and/or experiment in court in front of the jury?
Question: Can an attorney do a demonstration and/or experiment in court in front of the jury? Answer: Yes, if the demonstration and/or experiment aids, but does not confuse, the jury. Experiments and ...
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?
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...