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...
Do Indiana drivers have a duty to look to the left and right at intersections to see if oncoming traffic is going to violate the law by not yielding
Question: Do Indiana drivers have a duty to look to the left and right at intersections to see if oncoming traffic is going to violate the law by not yielding the right of way or blowing through a sto...
What does “insurance subrogation” mean as it relates to personal injury claims?
Questions: What does “insurance subrogation” mean as it relates to personal injury claims? Answer: It means that your insurance company gets repaid a certain portion of the monies they hav...
Can nurses give expert opinions on the cause of injuries?
Question: Can nurses give expert opinions on the cause of injuries?Answer: Some can, some can’t and opinions are limited. See below. For a witness to qualify as an expert, the subject matter of ...
Do business owners have a duty to shovel PUBLIC sidewalks?
Question: Do business owners have a duty to shovel PUBLIC sidewalks?Answer: No, however see below. In order to establish negligence, plaintiffs must show that defendant owed a duty. Absent a duty, the...
What is “Indiana Recreational Use Statute (IRUS)”?
Question: What is “Indiana Recreational Use Statute (IRUS)”? Answer: It is an Indiana statute that protects landowners from personal injury claims when the landowner opens their property t...
When does a plaintiff “incur the risk” of injury?
Question: When does a plaintiff “incur the risk” of injury? Answer: Incurred risk contemplates acceptance of a specific risk which plaintiff has actual knowledge. A possessor of land is no...