Question: Are plaintiffs required to mitigated their damages? Answer: Yes. Mitigation of damages addresses conduct by an injured party that aggravates or increases that party’s injuries. Indiana...

Question: Are the police allowed a warrant-less entry of a hotel room of an unregistered guest? Answer: Yes. It is well established that a defendant must have a legitimate expectation of privacy in th...

Question: Do defendants have a 5th Amendment right not to testify in a civil case? Answer: Yes, but that failure to testify can be used against them and considered by the jury. It is a bedrock princip...

Question: Is there liability for the owner of a cow if the cow leaves the owner’s property, goes onto a roadway and causes a collision with a car? Answer: Yes, if the cow owner was negligent. See be...

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...

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...

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...

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 ...

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...

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...