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 the alternative, if the plaintiff knew of their presence. Ultimately, the court concluded that the plaintiff did not have actual knowledge of the cords, and also that the cords were not an “obvious” hazard.
The plaintiff was injured when she tripped on a cluster of wires that ran across the floor in the hospital room where her husband was staying after he was admitted to the hospital. The plaintiff first claimed that her fall was due to a “mess of wires” on the floor, and later stated that the fall was caused by a single telephone wire. The plaintiff later explained that she did not see any wires on the floor prior to her fall. However, she did acknowledge seeing a telephone in the room. The telephone wire ran from the wall to the telephone, which was on the plaintiff’s husband’s bedside table.
The case is unique in that it actually involves a legal malpractice claim made against a law firm that failed to timely file a complaint on behalf of the plaintiff. In order to succeed in her claim against the law firm, the plaintiff had to establish that her underlying claim against the hospital would have succeeded. The lower court granted the defendant law firm’s motion for summary judgment, finding that the plaintiff would not have been able to succeed in her claim because she knew of the hazard that caused her fall and that the hazard was obvious.