Under Indiana law, the owners of dogs can be held liable for injuries caused by their pets. It is important to understand the type of Indiana dog bite claim that is being brought because the requirements vary depending on several factors. Indiana Code section 15-20-1-3 discusses a situation in which…
Recently, a state supreme court issued an opinion in a personal injury case presenting an important issue for Indiana premises liability plaintiffs. The case raised the question of whether a landowner – in this case, a local government – is entitled to immunity under a recreational-use statute when the land…
Recently, a state appellate court issued a written opinion in a personal injury case illustrating the importance of being truthful in all testimony before the court. The case presented the court with the opportunity to determine whether a lower court was proper to dismiss a plaintiff’s case, based on 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.…
As a general matter, the state and local governments enjoy immunity from personal injury lawsuits. However, each state has a tort claims act that statutorily waives immunity in some situations. Each state’s tort claims act is a little different, with most states outlining the situations in which immunity is waived.…
The legal theory of negligent entrustment allows for an Indiana car accident victim to seek compensation from the owner of a vehicle who negligently allowed another person to use the vehicle that was involved in the accident. Since a negligent entrustment claim allows for an accident victim to hold a…
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…
Earlier this month, a state appellate court issued a written opinion in a personal injury case involving a plaintiff who was mauled by a pack of four or five dogs. The case presented the court with the opportunity to discuss whether the state imposes strict liability on the owners of…
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…