As much as one may try to avoid them, accidents and injuries are far too common, and Indiana residents may find themselves injured because of another person’s negligence. Although it does not undo the damage, Indiana law allows a victim to bring a lawsuit against the negligent party to recover…
According to the American Academy of Pediatrics (AAP), medical malpractice claims involving babies and children are among the most common types of lawsuits that go to trial. This is likely because negligently treated babies and children often have the worst injuries and outcomes. When a baby, child, or teenager suffers…
When a hospital or medical provider deviates from a generally accepted standard of care and causes harm to a patient, they may be liable for the patient’s injuries through an Indiana medical malpractice lawsuit. All personal injury lawsuits require plaintiffs to present a significant amount of evidence to establish their…
Earlier this month, the Ninth Circuit Federal Court of Appeals issued a written opinion in a Federal Tort Claims Act (FTCA) case that may impact Indiana personal injury and wrongful death cases involving minor victims. The case required the court to determine if a claim under the FTCA is automatically…
Under Indiana premises liability law, property owners are generally not liable for injuries caused to trespassers. However, through Indiana’s attractive nuisance doctrine, a property owner may be liable when a trespassing child is injured on their land due to a dangerous object that attracted the child onto the landowner’s property.…
Recently, a state appellate court issued a written opinion in a personal injury case involving a parent’s allegations against her daughter’s school. While the case arose in another jurisdiction, it raises important issues under Indiana personal injury law. Specifically, the duty that a school owes to its students. The Facts…
Indiana schools have a duty to ensure the safety of students while they are attending school and after-school activities. This duty generally requires that school employees and administrators take reasonable precautions to prevent injuries. For example, schools are required to maintain safe premises, free of dangerous hazards that may result…
When someone intends on filing an Indiana wrongful death lawsuit, a thorough investigation must be conducted to determine all of the proper parties that should be named in the lawsuit. In situations in which a government entity is discovered to be one of the potential defendants, Indiana law requires that…
The parents of an eight year-old child have filed suit against the child’s school, alleging negligence and violations of their child’s statutory and constitutional rights. Doe v. Ball State University, et al, No. 18C01-1208-PL (Circuit Court No. 1, Delaware County, Ind., Sept. 28, 2012), removed to No. 1:12-cv-01464 (S.D. Ind.,…
A Nebraska law allowing wrongful death claims for unborn children is getting its first test in a federal lawsuit. The suit, Baumann v. Slezak, et al, arises from a multi-vehicle accident that killed a family of four and their unborn child. It asserts causes of action for negligence and violations…