On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling with the question of whether a landowner or businessowner owes a duty of care to its invitees (what the law calls customers) for the criminal acts of other parties. The key determining factor in these cases has consistently been whether t ..read more

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”) and his sons were rear ended by Sein Thu and subsequently filed a complaint for negligence against Thu. The jury found in favor of Willis, and Thu appealed to the Indiana Court of Appeals, alleging that Willis “failed ..read more

Warmer weather also means an increase in the availability of fresh summer fruit. When grocery shopping, many consumers will pick up watermelons, ripe peaches, and fresh berries in celebration of the seasonal harvest. However, no one expects for the produce they bring home to cause them to become seriously ill. When something you purchased at the store causes you to feel sick or causes hospitalization, it is crucial that the store where you purchased the item is informed so the relevant authorities can identify the source of the issue. You may also be eligible for compensation through an Indian ..read more

When imagining a typical car accident, the first thought may be a collision between two cars. However, crashes often may initially only involve one or two vehicles, but end up resulting in a much larger accident as additional vehicles are unable to avoid crashing into the already-disabled vehicles. These accidents are referred to as chain-reaction crashes, and can pose various challenges when assigning fault and responsibility following a major incident. In a recent news article, two people were tragically killed in a chain-reaction car accident that shut down roads for nearly eight hours. Acc ..read more

When an accident occurs involving drunk driving, many people do not know that the party that served the alcohol to the intoxicated person may be held liable for their negligence in serving the intoxicated party. However, there are exceptions. These exceptions typically occur when the chain of events does not show a direct link of causation between the consumption of alcohol and subsequent accident or injury. If there are intervening causes or an event occurs that breaks the chain of causation, the party who furnished the alcohol to the intoxicated party who caused the accident may not be liabl ..read more

When the COVID-19 pandemic first hit the United States earlier this year, many Americans flocked to the stores to stock up on hand sanitizers, disinfectant wipes, soaps, and other household cleaning supplies. Major retailers such as Walmart, CVS, and Target were out of these products for weeks due to the increased demand. Many Indiana residents probably found themselves buying these products to prepare for an unknown future with the virus. However, recent recalls have made clear that some of these products may have caused Indiana residents to fall ill, and may be implicated in future Indiana p ..read more

Landlords, like all property owners, have a duty to ensure that the houses and apartments they rent to tenants are safe.  Whether it is the driveway being plowed after a snowstorm or handling potentially dangerous maintenance issues, tenants often have certain expectations for their landlord. If a person is hurt because of their landlord’s negligence, Indiana law allows them to hold the landlord liable for their injuries. In a recent state appellate opinion, the court was tasked with deciding whether a landlord could be held liable for a tenant’s slip and fall outside of the apartment com ..read more

Driving on a busy interstate can be dangerous, so it’s always important to engage in defensive driving and to be proactive and alert on the road. However, one can only do so much to be safe, and Indiana car accidents will still occur even when a motorist is exercising the most caution possible. Thus, when a car crash occur sunexpectedly, especially as a result of negligence from the responsible party and cause fatalities, those who are at fault in these collisions can be held accountable. In a recent news report, an Indiana truck driver was charged with nine felonies related to an Interstate 7 ..read more

International travel can present travelers with some unique legal issues, including jurisdictional conflicts. In some cases, the claims may involve a different country or a foreign airport or airline. The Montreal Convention addresses the inherent issues that many Indiana personal injury victims face after these types of accidents. The Montreal Convention is a multilateral treaty adopted by many counties to establish standards for the international transport of passengers, baggage, and cargo. It covers all international flights between counties that are a party to the treaty. A significant por ..read more

Recently, an Indiana appellate court issued a ruling regarding personal injury claims resulting from participation in sports activity. According to the court’s opinion, the case involved a horse jockey who was injured while training a horse at a racetrack. The jockey was injured when another horse, which had thrown off its rider, barreled into the jockey’s horse tossing him to the ground. The jockey sued the racetrack and the horse’s owner for damages based on negligence and premises liability. However, the court found in favor of the defendants, and the jockey was prevented from recovering da ..read more