Justices: Menards not at fault for customer’s injury caused by defective box
A home improvement retailer wasn’t at fault when a sink fell out of a defective box and injured a customer inside one if its stores, the Indiana Supreme Court has ruled.
Premises Liability
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Indiana House approves COVID-19 liability protection bill
The Indiana House has approved legislation that would protect businesses from COVID-19-related lawsuits. The measure slightly differs from a liability protection measure passed last week by the state Senate.
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Unexpected lessons in getting back to class
This back-to-school season is like no other. What was expected in March to be a temporary closure due to COVID-19 has spilled into August, leaving teachers, administrators, students and parents at a loss for what to expect.
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Articles
DTCI: Premises liability for foreseeability of third-party harm
Indiana courts approach landowner liability cases by taking a broad approach to the type of plaintiff injured and the type of harm suffered. This avoids making landowners act as insurers to their patrons when the acts of third parties are involved. Yet the caselaw has not always been so clear.
Justices to hear premises-liability arguments against Menards
The case stems from an injury a man sustained after a sink fell on him at an Elkhart County Menards store.
COA: No duty owed to couple struck by drunk driver in grocery store parking lot
A Sullivan County grocery store’s landlord had no duty to protect a couple from being struck by a drunk driver on its premises, the Indiana Court of Appeals concluded in a Monday decision.
Store managers not involved in customer injuries not liable for negligence, justices rule
In answering a certified question from a federal judge, the Indiana Supreme Court held Wednesday that store managers who are not directly involved in a patron’s injury on store property cannot be held liable for negligence under Indiana law.
Justices agree to hear appeal in Menards negligence dispute
A ruling from the Indiana Court of Appeals that partially entered judgment in favor of a Menards store in a customer’s personal injury suit will go before the Indiana Supreme Court after the justices granted transfer to the case last week.
Governor signs bill for Indiana COVID-19 lawsuit shield
Indiana businesses and others now have broad protections from lawsuits by people blaming them for contracting COVID-19 under a new state law signed by Gov. Eric Holcomb.
COVID-19 lawsuit immunity bill heads to Holcomb
Legislation that aims to protect businesses from COVID-19-related lawsuits is heading to Gov. Eric Holcomb’s desk.
House amends COVID liability bill, prepares for final vote
Legislation to provide businesses and individuals with protection from COVID-related civil liability is getting closer to the governor’s desk, with the Indiana House amending the bill and setting it up for a final House vote Thursday.
Supreme Court dismisses restaurant negligence appeal on timeliness grounds
A trial court order denying judgment to an Indianapolis restaurant sued for negligence has been reinstated, with the Indiana Supreme Court finding no reason to allow the restaurant’s forfeited appeal of the order to proceed.
Indiana Senate committee advances COVID-19 legal immunity bill
State lawmakers have advanced a bill that would protect individuals and businesses from COVID-19-related lawsuits. The Senate Judiciary Committee on Wednesday afternoon moved Senate Bill 1 to the Senate floor for consideration.
On rehearing, appellate court reaffirms ruling against animal shelter
An Indianapolis animal shelter still must face a negligence lawsuit from a family whose daughter was mauled by an adopted dog after the Indiana Court of Appeals reaffirmed its reversal of summary judgment for the shelter on Wednesday. The appellate court granted rehearing for the limited purpose of clarifying the issues of fact that preclude summary judgment.
Summary judgment for cemetery affirmed after parents’ fall
A couple injured while visiting their daughter’s grave will not be able to reinstate their negligence action against the cemetery where their daughter is interred after the Indiana Court of Appeals upheld summary judgment for the cemetery.
COVID immunity bill garners support, but concerns raised about overly broad language
Legislation meant to shield Indiana businesses and individuals from COVID-related liability was met with a groundswell of support on Wednesday, though some raised concerns that the language of the bill could have unintended legal consequences.
Appeals panel finds for church in snowy parking lot slip-and-fall case
A woman injured after slipping in an icy church parking lot could not convince the Indiana Court of Appeals that her fall was caused by a hidden danger and that her negligence suit was wrongly decided.
Justices set to hear several oral arguments next week
Indiana Supreme Court justices will hear oral arguments next week in several cases including a slip-and-fall dispute, a mayor’s misuse use of bond funds, and a home detainee’s escape.
Compelled contract? Indiana Supreme Court considers arbitration agreement in nursing home lawsuit
After hearing oral argument on petition to transfer Sept. 24, the court must now decide if it will rule in a dispute filed by an elderly woman and her representative against the Carmel assisted living facility where the woman once lived and an independent contractor hired by the facility who is accused of raping her.
Appeals court rules against Journey guitarist’s wife in Fort Wayne concert injury dispute
The wife of Journey guitarist Neal Schon could not convince the Indiana Court of Appeals on Friday that she was deprived of an opportunity to conduct additional discovery against the Allen County War Memorial Coliseum after a security guard there allegedly injured her during a concert by the rock band.
Northern District certifies negligence question to Indiana Supreme Court
An internal split within the Indiana Northern District Court over whether store managers may be held liable in certain negligence cases has prompted a federal judge to ask the Indiana Supreme Court for guidance.
Notre Dame sued after student’s fall causes ‘catastrophic’ injury
The parents of a University of Notre Dame freshman severely injured in a 2019 fall in a campus dormitory during a party filed a lawsuit Tuesday against the school, which they claim condoned a “quasi-fraternity atmosphere” at an on-campus residence hall.