Question: In the release for a personal injury case, do we need adequate consideration for a confidentially clause after the terms of the settlement have already been reached by the parties? Answer: Y...
Can you get monetary damages over your lifetime, if the injuries you sustained due to the negligence of another are permanent?
Question: Can you get monetary damages over your lifetime, if the injuries you sustained due to the negligence of another are permanent?Answer: Yes, see below. In a personal injury case, the trial jud...
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...
Can your attorney present evidence of a subsequent repair of a defective condition of something?
Question: Can your attorney present evidence of a subsequent repair of a defective condition of something like fixing crumbling stairs to the jury? Answer: Usually, the attorney may not present subseq...
May a judge find that a pit bull has dangerous or vicious propensities, even if that pit bull has never bitten/attacked a person in the past?
Question: May a judge find that a pit bull has dangerous or vicious propensities, even if that pit bull has never bitten/attacked a person in the past? Answer: Yes. Even if it is true that there was n...
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 the liability of property owners when you have signed a waiver and you get injured while skiing/sledding/tubing?
Question: In the State of Indiana, what is the liability of property owners when you have signed a waiver and you get injured while skiing/sledding/tubing? Answer: Potentially none. Indiana courts per...