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...
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...
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...
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...









