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...
Can Indiana governments be held liable for injuries and damages caused by “potholes” or other defects in the roadway?
Question: Can Indiana governments be held liable for injuries and damages caused by “potholes” or other defects in the roadway? Answer: Yes. The principle that a governmental entity has a ...
What do you have to show to get an award of punitive damages against a drunk driver?
Question: What do you have to show to get an award of punitive damages against a drunk driver? Answer: Unlike compensatory damages, which are intended to make the plaintiff whole, punitive damages ...
Who controls when a civil case will go to trial or be continued?
Question: Who controls when a civil case will go to trial or be continued? Answer: Upon motion, trial may be postponed or continued in the discretion of the court, and shall be allowed upon a showing ...
What civil liability can a dog owner have if they do not maintain their dog on a leash and that dog bites someone causing injury?
Question: What civil liability can a dog owner have if they do not maintain their dog on a leash and that dog bites someone causing injury? Answer: It is well-established that the keeper of an animal ...