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...
What do you need to show to prove “malice”
Question: What do you need to show to prove “malice” in the State of Indiana? Answer: The ordinary definition of malice as “an evil intent or motive arising from spite or ill will.” There a fe...
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 ...
What is a “loss of consortium” claim
Question: What is a “loss of consortium” claim? Answer: A claim brought by a spouse of an injured person against the wrongdoer that caused the injuries. Traditionally, the husband’s right of...