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...
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...
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...
If you have taken Zantac AND developed cancer, you may be eligible for compensation.
If you have taken Zantac AND developed cancer, you may be eligible for compensation. Zantac (ranitidine) has been one of the biggest-selling drugs of all time. It is used to treat heartburn & acid...
How are “mortality tables” used in personal injury cases?
Question: How are “mortality tables” used in personal injury cases? Answer: Mortality tables are used in the trial court’s final instructions to the jury which allows the jury to conside...
Can there be worker’s compensation for an injury that occurs while you are walking to or from your car to retrieve work related items while on the job?
Question: Can there be worker’s compensation for an injury that occurs while you are walking to or from your car to retrieve work related items while on the job? Answer: Yes. The Indiana Worker&...