Articles Posted in Premises Liability

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 of the Case

According to the court’s opinion, the plaintiff’s daughter sustained a serious cut to her thumb in woodshop class. Evidently, the student was trying to free a jammed piece of wood from a table saw when the student’s hand came into contact with the saw’s blade. At the time, the shop teacher was out of the shop supervising other students.

The shop teacher testified that before a student was permitted to use the machine unsupervised, they had to pass a written test. Additionally, the teacher would observe students using the machine until he felt comfortable they could do so safely. He estimated that he observed the plaintiff use the table saw correctly 60 times.

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Winter is officially here, and along with the season comes the ability to participate in some of the most fun and exciting sports – skiing and snowboarding. Part of the reason why these sports are so thrilling is also what makes them so dangerous. High speeds, steep hills, moguls, tight turns, and trees all contribute to the overall experience of skiing, but also to the risks involved. The question often comes up, can a resort be held liable for an Indiana ski accident?

In theory, a ski resort can be held liable for injuries that occur while a guest is skiing. However, almost all ski resorts have taken precaution to ensure that they will not be held responsible for injuries that are caused due to the inherent risks of the sport. Determining what constitutes an “inherent risk” is subject to interpretation and is typically a job left to the courts. Notwithstanding the potential hurdles involved, anyone injured in an Indiana ski accident should reach out to a dedicated Indiana personal injury lawyer to discuss their situation.

A recent case illustrates the difficulties one plaintiff had attempting to bring a claim against a ski resort after an accident with a snowcat. Although it did not take place in this state, it may be illustrative of how an Indiana court would approach the topic.

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Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing a defense that is commonly raised in response to an Indiana premises liability case. The case involved a defendant’s allegations that it was unaware of the hazard that caused the plaintiff’s fall and, thus, could not be held liable for the plaintiff’s injuries.

Indiana Premises Liability Law

In Indiana, landowners owe a duty of care to those whom they invite onto their property. The extent of that duty depends largely on the reason for the plaintiff’s visit. Customers or others who are present on a defendant’s property for business purposes are owed the highest duty. In these cases, the landowner must fix any dangerous condition on their property or warn the visitor about hazards that may not be obvious. However, if the landowner is unaware of the hazard, they may not have a duty at all.

Case Facts

According to the court’s opinion, the plaintiff was a patient at a doctor’s office. As the plaintiff walked by a desk, she felt something catch the leg of her pant. The plaintiff fell to the ground, resulting in serious injury. After the fall, as the plaintiff was prone on the ground, she noticed that a wheelchair was leaning up against the desk just a few feet from where she was.

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Recently, a state appellate court issued an opinion in a personal injury case discussing the res ipsa loquitor doctrine. Res Ipsa Loquitor is a legal doctrine that applies in some Indiana personal injury cases and allows the fact-finder to make an inference that the defendant was negligent although there is no direct evidence of the defendant’s negligence.

The Facts of the Case

According to the court’s opinion, the plaintiff was exiting an elevator when the elevator’s doors inexplicably closed on her. The plaintiff suffered injuries as a result and filed a personal injury lawsuit against the condo association where the elevator was located. The plaintiff’s claim was brought under the theory of res ipsa loquitor.

Both the plaintiff and defendant presented expert witness testimony supporting their respective side. The defendant moved to dismiss the plaintiff’s case, arguing that the res ipsa loquitor doctrine did not apply.

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Some of the most difficult jobs of a lawmaker is to weigh legitimate but competing interests and develop a reasonable compromise that everyone can live with. The Indiana recreational-use statute is a good example of Indiana lawmakers attempting to secure ample outdoor space for recreational activity while at the same time ensuring that Indianans remain safe while at play.

A recreational-use statute is a law under which qualifying landowners cannot be held liable for injuries that occur as the result of another party’s recreational use of the property. Indiana’s recreational-use statute is contained in Indiana Code section 14-22-10-2, and provides that landowners who do not charge a fee for others to use their property for “swimming, camping, hiking, sightseeing, or any other purpose,” do not assume responsibility for injuries occurring on their property.

Of course, the recreational-use statute does not apply to willful or intentional conduct on the part of the landowner. Thus, landowners who open up their land for public use but refuse to fix known hazards may still be liable for a visitor’s injuries. In order to get around the application of the recreational-use statute, an injury victim must be able to first prove that the landowner knew of the hazard’s existence. A recent slip-and-fall case discusses this requirement.

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Recently, a federal appellate court issued a written opinion in a personal injury case involving competing theories of how the plaintiff’s injury occurred, requiring the court to determine which of the two proposed alternatives were more likely. Ultimately, the court concluded that the plaintiff’s version of events was the only plausible version, and thus permitted his case to proceed.

The case presents an important issue for Indiana personal injury accident victims because it illustrates a common defense that defendants frequently raise in Indiana slip-and-fall cases.

The Facts of the Case

The plaintiff was injured after he slipped and fell in a Wal-Mart aisle. The accident was caught on video, and showed that prior to the plaintiff’s fall, a Wal-Mart employee came through the area with an automated floor-cleaning machine. The machine was designed to dispense soapy liquid, scrub the floor, and squeegee the remaining liquid before sucking it back up into the machine.

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All business owners owe their customers a duty of care to keep areas accessible to customers in a reasonably safe condition. This generally means eliminating any known hazards, conducting frequent inspections to discover hazards, and warning customers of hazards that are either in the process of being fixed or cannot be fixed. If a business owner fails to live up to this duty, and a customer is injured as a result, the business may be liable for the customer’s injuries through an Indiana premises liability lawsuit.In a recent case, a court considered a lawsuit that was filed against a grocery store by a customer who slipped and fell while shopping. The court had to consider whether the store could be held liable even though the hazard that caused the plaintiff’s fall was the fault of an independent contractor that was employed by a company that the grocery store had paid to keep the store clean.

Ultimately, the court concluded that the grocery store had a non-delegable duty to keep the store safe and free of hazards. Thus, although there was no evidence suggesting that the store was responsible for the hazard, it could still be held liable based on its non-delegable duty.

The Facts of the Case

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 Facts of the Case

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.

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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 as a matter of law. In other words, the filing party is claiming that when the judge considers all of the uncontested evidence, the non-moving party could not prevail under the applicable law.

Importantly, when there is conflicting evidence regarding a material issue in the case, summary judgment is not appropriate, and the case will be permitted to proceed toward a jury trial. A recent case illustrates how courts view defense summary judgment motions, and the type of evidence necessary to survive such a motion.

The Facts of the Case

The plaintiff and her husband were shopping when at the defendant grocery store. At some point during their shopping trip, the plaintiff left her husband to use the restroom. On her way back to find her husband, the plaintiff slipped on a “brownish, oily substance.” As a result of the fall, the plaintiff suffered serious injuries and later filed a premises liability lawsuit against the store.

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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 pleadings, accepting all uncontested facts as true, and then makes a determination if the moving party is entitled to judgment as a matter of law.

In order to survive a motion for summary judgment, a plaintiff must be able to show that there is some material fact that needs to be resolved by the jury. A recent case illustrates how a court’s job in determining whether summary judgment is appropriate can be a difficult one.

The Facts of the Case

The plaintiff was grocery shopping with her husband at the defendant’s store. The plaintiff put a bottle of Sunny Delight into their cart, and the couple continued shopping. Shortly afterward, the plaintiff left to find a restroom. Her husband continued to shop. It wasn’t until later that he noticed that the Sunny Delight bottle had been leaking.

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