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Articles Posted in Premises Liability

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Court Dismisses Victim’s Case Against Ski Resort Due to Signed Release Waiver

Earlier this month, a federal appellate court issued a written opinion in a personal injury case requiring the court to determine if a plaintiff’s case against a ski resort could proceed toward trial despite the fact that she had signed an accident-release waiver prior to her injury. After reviewing the…

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Court Finds Slip-and-Fall Plaintiff Presented Sufficient Evidence of Negligence Based on Expert Witness Testimony

Understanding the role of an expert witness in a personal injury lawsuit is critical to the success of many Indiana premises liability lawsuits. Generally speaking, an expert witness is used when the issues involved in the case are complex, scientific, or otherwise beyond the scope of an average juror’s common…

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Procedural Requirements in Indiana Medical Malpractice Cases

Doctors, nurses, and other medical professionals all have a duty to provide a certain level of care to their patients. While not every adverse patient event will be a basis for a lawsuit, when someone is injured due to negligently provided medical care, they may be able to recover compensation…

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Recreational Use Statute Prevents Plaintiff’s Lawsuit Following Rope-Swing Accident

Indiana landowners have a duty to make sure that their property is safe for the people whom they allow to enter and remain on their property. When a landowner fails to take adequate precautions to ensure a safe area, the injured party can generally seek compensation for their injuries through…

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Summary Judgment in Indiana Premises Liability Lawsuits

Before an Indiana premises liability lawsuit reaches trial, the plaintiff’s case will likely be challenged by the defendant through a process called summary judgment. Summary judgment is a procedural mechanism by which a court can summarily rule in one party’s favor when there are no factual disputes in the case,…

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Court Resolves Statute of Limitations Argument in Favor of Defendant in Recent Premises Liability Lawsuit

All Indiana personal injury cases must be filed within a certain amount of time, or the case will be dismissed and the plaintiff will be without any means of recourse. In Indiana, the statute of limitations for most personal injury cases is two years from the date of the injury.…

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Government Organization Potentially Evades Responsibility in Wrongful Death Lawsuit Due to Parties’ Procedural Missteps

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…

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Plaintiff’s Appeal Dismissed for Failure to Raise Issue at Trial

Once a judge or a jury renders a verdict in an Indiana personal injury case, that verdict is final unless one of the parties involved decides to file an appeal to a higher court. Importantly, Indiana appellate courts will not revisit factual determinations of a judge or jury. This means…

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Workplace Personal Injury Lawsuit Dismissed Based on Plaintiff’s Knowledge of Potential Dangers

Last month, a state court in Georgia issued a written opinion in a workplace accident that is of interest to those considering bringing an Indiana personal injury lawsuit, especially for incidents that occurred in the workplace. The case presented the court with the opportunity to decide if a company should…

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Court Upholds City’s Government Immunity in Recent Slip-and-Fall Case

Earlier this month, an appellate court in Alabama issued a written opinion in a premises liability case that was brought by an accident victim against a local city that owned and operated the park where the plaintiff’s injury occurred. The case presented the court with the opportunity to discuss recreational-use immunity…

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