Question: Can you sue for injuries sustained on the golf course from an errant drive of another golfer? Answer: Normally, you may not. Breach of duty usually involves an evaluation of reasonableness t...
What is “qualified immunity” as it relates to civil rights complaints against police officers?
Question: What is “qualified immunity” as it relates to civil rights complaints against police officers? Answer: Qualified immunity is immunity from suit rather than a mere defense to liability. T...
Does a person who has an injury case, but dies from unrelated causes before the case is resolved, lose that case?
Question: Does a person who has an injury case, but dies from unrelated causes before the case is resolved, lose that case? Answer: No. See below. The Indiana Survival Statute creates a limited spectr...
If you suffer a known complication from a medical procedure, does that mean the doctor committed medical malpractice?
Question: If you suffer a known complication from a medical procedure, does that mean the doctor committed medical malpractice? Answer: A bad result without proof of negligence is not malpractice. See...
Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of company’s rules of confidentiality?
Question: Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of comp...
Do bar owners owe a duty to protect their invitees from a “sudden” brawl in their bar?
Question: Do bar owners owe a duty to protect their invitees from a “sudden” brawl in their bar? Answer: Businesses must exercise reasonable care to protect their patrons from foreseeable harms, b...
What is marital privilege?
Question: What is marital privilege? Answer: A rule of evidence that prevents a court from requiring a spouse to testify as to confidential marital communications, but does not bar the spouse from tes...
The Law Offices of David Gladish, P.C. has again selected as a member of the “Best Law Firms” by US News & World Report.
The Law Offices of David Gladish, P.C. has again selected as a member of the “Best Law Firms” by US News & World Report. I would like to thank our many clients, friends and peers in th...
What injuries are covered by worker’s compensation?
Question: What injuries are covered by worker’s compensation? Answer: Those injuries that arise out of employment relationship. See below. The claimant bears the burden of proving a right to compens...
What are “attractive nuisances”
Question: What are “attractive nuisances” in the State of Indiana? Answer: Conditions on land that children may not be mature enough to understand the dangers associated with trespassing and the l...