Recently, a state appellate court issued a written opinion in a case presenting an interesting issue for many Indiana personal injury accident victims. The case involved an Indiana premises liability lawsuit, and required the court determine whether a group of wires on a hospital room floor were an obvious hazard or,…
In many Indiana personal injury cases, one or more parties files a motion for summary judgment before the witnesses are sworn and the actual trial begins. By filing a motion for summary judgment, a party is asking the trial judge to make a determination that they are entitled to judgment…
In Indiana personal injury cases, before a case reaches trial, it will likely go through the summary judgment stage. Summary judgment is a process in which either party can ask the court to rule in their favor before witnesses are sworn or evidence is considered. Essentially, the court reviews the…
Recently, a federal appellate court issued a written opinion in a case involving a man who was seriously injured while skiing off-trail at a world-renowned ski resort. The case required the court to determine if the ski resort owed the plaintiff a duty of care to prevent this type of…
Recently, the United States Court of Appeals for the Seventh Circuit issued a written opinion in an Indiana slip-and-fall case involving a woman’s fall at a pharmacy chain. The case required the court to determine if a lower court was proper in granting summary judgment in favor of the defendant.…
Earlier this month, a federal appellate court issued an opinion in a personal injury lawsuit illustrating an issue that may have an impact on some Indiana premises liability cases involving children who have been injured while in the company of their parents. The case presented the court with an opportunity…
As a general rule, landowners have a duty to ensure that their property is safe for those whom they invite onto their land. An invitation may be an explicit one, such as an invitation to join a neighbor for dinner, or it may be implicit given the circumstances, such as…
Earlier this month, an appellate court in Georgia issued a written opinion in a personal injury case that clearly illustrates an issue that frequently arises in Indiana premises liability cases. The case involved a handyman who was seriously injured while moving a piece of glass while working at the defendant’s…
Earlier this month, a state appellate court issued a written opinion in a personal injury case requiring the court to interpret and apply the state’s recreational use statute. Ultimately, the court interpreted the statute as written to confer immunity to the defendant landowner, so the plaintiff’s case was dismissed. While…
All landowners, especially business owners, owe a duty of care to keep their property safe for those whom they invite onto their property. The extent of the duty owed to a visitor depends on the relationship between the landowner and the visitor, but as a general rule, the highest duty…