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&...
Is Evidence Of A Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident Admissible To Prove Contributory Negligence?
Question: Is Evidence Of A Motorist Not Wearing Their Seat Belt At The Time Of An Auto Accident Admissible To Prove Contributory Negligence? Answer: No, The Violation Of The Seatbelt Act May Not Be Us...
Who has great rights while driving on the streets, motor vehicles or bicycles?
Question: Who has great rights while driving on the streets, motor vehicles or bicycles? Answer: Neither, motor vehicles and bicycles have equal rights on the streets and equal rights in the use there...
How much money can a child receive due to an injury caused from being bit by a pet pig?
Question: How much money can a child receive due to an injury caused from being bit by a pet pig? Answer: Potentially zero, if the evidence shows that the pig owner did NOT know or have reason to know...
Can allowing an employee to work extra hours expose employer to liability when that employee falls asleep while driving home from work?
Question: Can allowing an employee to work extra hours expose employer to liability when that employee falls asleep while driving home from work? Answer: A duty of reasonable care is not, of course, o...