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Personal Injury Primer

Updated 8 days ago

Society & Culture
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Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

Read more

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

iTunes Ratings

4 Ratings
Average Ratings
4
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0
0

Good podcast

By hairbeardown - Jul 10 2019
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I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.

iTunes Ratings

4 Ratings
Average Ratings
4
0
0
0
0

Good podcast

By hairbeardown - Jul 10 2019
Read more
I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.
Cover image of Personal Injury Primer

Personal Injury Primer

Latest release on May 20, 2020

Read more

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. Brought to you by the Law Offices Of David W Holub, an Indiana personal injury law firm concentrating on medical malpractice, auto accident, product liability and wrongful death litigation.

Rank #1: Ep 46 – Hotel and Motel Injuries

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Legal Rights Regarding Hotel and Motel Injuries

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a caller who had a relative who was injured while staying at a hotel and asked “what are my legal rights if I am injured while a guest at a motel or hotel?”

Many types of injuries can occur in overnight lodging situations, even in bed and breakfast accommodations or inns and resorts.

For example, a robbery or mugging can occur while you are on the premises of a hotel or motel.

Dangerous parking lot conditions, such as unmarked curbing or potholes, can cause people to fall while walking from their vehicle to their room. In addition, people staying at hotels can get hurt while going up and down staircases that have been poorly maintained, or by venturing into a washroom that has just been mopped where an employee forgot to place a wet floor warning sign.

On top of that, all too frequently guests encounter hazards inside their hotel rooms, such as bedbugs, slippery shower surfaces, or cabinets that can be tipped or pulled over by a child.

Sometimes exercise equipment is defective, or a swimming pool has been opened to use without first being properly chlorinated or disinfected. These types of hazards can result in injury, and some of these injuries can be serious.

We recently helped a fellow who responded to a knock on his motel room door only to be robbed and shot when he opened the door. The motel had had frequent robberies, and was near an expressway where the robbers would make a fast get away, but the motel did not warn the guests and was subject to legal liability.

Out of town travelers are considered excellent prey for robbers because they tend not to want to return to testify in court if the criminal is caught and arrested.

Another incident that we helped with not long ago involved a guest who happened to be a volunteer fireman from another state, and when a fire broke out in the hotel, he helped people out of the hotel by knocking on doors, and when he came down the stairs to exit himself, he slipped and seriously hurt his back when he stepped on a mat that had hastily been put down on the freshly mopped and wet floor, which created a serious slipping hazard.

Moreover, not long ago we had an inquiry from an individual who was bitten by bedbugs and suffered a severe allergic reaction that was life-threatening. Surprisingly, this insect bite incident occurred at a very high priced hotel that had simply failed to take care of the insect dangers, and failed to follow proper cleaning and hygiene requirements.

In still another case we represented not long ago a handicapped individual who was provided a special handicap room with a shower chair that collapsed when he transferred to it, which led to serious injury.

Indiana law holds property owners, including hotel and motel owners, liable for physical harm that comes to guests of their hotels and motels because of a condition in their property.

Specifically, the law holds property owners liable for physical harm caused to their guests by a condition of property, if, but only if, the owner 3 legal criteria are met:

  1. The property owner knows about the condition or by the exercise of reasonable care should discover the condition, and should realize that the condition involves an unreasonable risk of harm to guests;
  1. The property owner should expect that guests will not discover or realize the danger, or will fail to protect themselves against it; and
  1. The property owner fails to exercise reasonable care to protect guests against the danger.

Owners or occupiers of property, including hotels, owe a duty to use ordinary care to maintain their property in a reasonably safe condition for the use of those who come upon it as guests. The owners or occupiers have a duty to warn guests of any latent dangers on their property or dangers that are not readily apparent to guests. In addition, the landowner’s duty includes a duty to inspect his premises, ascertain possible dangerous conditions, and warn guests of those conditions. This duty is active and continuous.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 08 2020

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Rank #2: Ep 45 – Your Rights if Hurt at a House Renting Service

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Learn About Your Rights if Hurt at a House Renting Service Property.

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who said “we are thinking of renting a house through one of those B N B services, and we are wondering what legal standards apply if someone gets hurt on the property?”

When you stay overnight at a hotel you might be exposed to unsafe parking lots, unmarked curbs, potholes and even poorly lit hallways inside the buildings.

People even are at risk for getting bitten by bedbugs or injured by exercise equipment or come down with an illness caused by swimming in non-chlorinated pool water. And although that all sounds bad and you ought to be careful when you book a room at a hotel or motel what are the risks if you decide to stay with a house rental service like Airbnb, VRBO (Vacation Rental By Owner), FlipKey or many of the others advertised on the internet.

Well, they may seem like it. You have the comforts of a home setting without the negative aspects of staying at a hotel.

However, keep in mind that staying at a house rental service you are trading security for comfort and that may come at a price.

You see, the host of the house rental typically doesn’t have a full time or even a part time maintenance person to go around fixing things. Or a housekeeping staff to make sure your bed is made and bathrooms are clean while on your stay.

Nor do these house sharing services offer lifeguards for their pools, night security staff to keep you safe and they might not have to undergo regular electrical and fire safety inspections.

And unlike a hotel or motel, when using these house sharing services in most cases in their “Terms of Service” that you agree to when using their website … you give up your right to sue if injured.

So, if you’re a guest staying at a house sharing service and you are injured, could you be estopped from suing those companies for your injuries? If your plan is to turn to the host, the owner of the house you are renting, and initiate a claim what if that may not work?

You might assume that the owner of the house is covered by their homeowner’s insurance and that any injury that occurs on the property would be taken care of … “it ain’t necessarily so”.

Did you know that most homeowner’s insurance policies exclude coverage for “business activities” operated out of a home? And, renting your home for a profit is considered a business activity. Yes, insurance companies have a right to know when insuring a property whether you are bringing people (maybe a lot of people) onto the property to make money. It can impact premium rates. It can impact coverage.

That said Airbnb announced recently that as part of using their service they would provide hosts with up to $1 million in liability protection if they get sued by a guest. But is $1 million enough? And what about the other services?

Airbnb seems to be the only service offering such coverage. But regardless what service you use, it’s always a good idea to confirm that they are covered by insurance.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 01 2020

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Rank #3: Ep 44 – Fault for an Injury Caused by a Display Tip Over

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Determining Fault for an Injury Caused by a Falling Museum Display

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listen who said “I saw on the news where a museum display toppled over and injured a child who touched the display, who is legally responsible when such things happen?”

I read that same story about an Overland Park Kansas 5-year-old boy who was at the museum with his mom, when an exhibit piece accidently toppled onto him.

The video released by the museum on social media made the mom out to be a bad parent for not paying attention to what her child was doing. Well, being that 5-year-olds are curious about everything and like to climb on things…the piece ultimately fell, and was damaged.

The museum is blaming the mom for not keeping the boy in check. And, insisting the family pay $132,000 for the replacement cost of the broken sculpture. Now, was the family at fault? Some might think so. And, the video does show the sculpture being knocked over by the boy.

But, there were a few things left out of the viral video…

(1) there was a bridal shower going on in the museum

(2) and also a birthday party,

(3) the sculpture that was broken was not in any way, shape or form secured for safety,

(4) nor was protective glass placed around it.

And, you would think that being a museum they would have at least put up “Do Not Touch” signs so parents could warn their kids not to poke and prod exhibits.

Well, the museum sent Sarah Goodman (the mother of the offending child) an invoice for $132,000 and yes, demanded she promptly pay.

Now, in the normal course of breakage within a museum or commercial enterprise typically insurance is called upon to cover injuries or damages.

So, why make an individual pay?

In this case, the insurance company didn’t feel it was justified that they cover their client’s damages when it was, in fact, a curious child that broke the piece while the mother was distracted.

Yet, if the child was seriously injured in anyway because the museum didn’t take safety precautions the $132,000 would no longer be an issue. And most likely the museum and their insurance carrier would be on the hook for thousands if not millions in a personal injury trial case.

This matter reminds me of a Television Tip Over Case which resulted in the death of a child.

A television weighing 92 lbs. fell from a dresser resulting in a fatal head injury to an infant playing in front of the television on a play blanket spread on the floor. Analysis of the stability of the television established that as little force as 10 lbs. applied at the top of the television, where the channel and volume controls are located, will cause the television to tip. Like many similar televisions, the subject television did not contain any on product warnings relative to a tip-over hazard, nor any other appropriate warnings of any sort disclosing the hazard.

Although the museum piece is not a television, in both cases, the sculpture and television where placed on top of other items (a pedestal and a dresser) that created a potential tip over hazard, injury and or death.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Mar 25 2020

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Rank #4: Ep 43 – Self Help with Nursing Home Injuries

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Nursing Home Injury Self-Help

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who would like to know “what are the family’s legal rights if a family member is hurt as a result of abuse or neglect at a nursing home?”

We take seriously nursing home injuries that result from neglect or abuse. But, not every situation justifies the filing of a medical malpractice lawsuit. Malpractice cases are expensive to pursue and require expert testimony to be successful. Every situation needs to be evaluated carefully.

Where an injury quickly heals, a malpractice case may not be practical.

But, there are remedies available to families who have had a loved one fall victim to abuse or neglect at an assisted living facility.

Here we outline a few of the steps you should consider taking immediately to protect a patient’s safety and well-being.

Contact the Operators of the Nursing Home

If you suspect neglect or mistreatment, discuss the issue with the chief of staff at the facility or higher-level management at the facility.

Your goal should be to resolve the problem, and ensure better care for your loved one going forward.

Consider recording the conversations you have in person about your issues.

If you come to an agreeable understanding about the issue, ask the facility to put it in writing and ask them to sign it.

Thereafter, you must continue to monitor the problem to be sure that the solution is implemented, and that the patient is safe and secure.

Contact State Officials Charged with Supervising the Facility

Consider contacting your State’s Adult Protective Services agency, and/or nursing home licensing board.

Such agencies need to know of dangerous situations at a facility, and may be able to connect you with other resource agencies at the local and federal government levels.

Document with Photos and Videos Signs of Abuse or Neglect

If you see bruising and/or swelling, or what might be called common warning signs of abuse or neglect, you need to take action to preserve evidence of what you observe.

Factual proof that your elderly or vulnerable loved one may have been mistreated is important. Have the photos or video clips available when you discuss the matter with the operators of the facility and/or government regulatory agencies. Stay vigilant.

If your loved one has suffered a serious injury while at a nursing home, or extended care facility, contact a qualified attorney as soon as possible for assistance in holding the operators of the facility accountable for any wrongful conduct.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Mar 18 2020

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Ep 52 – Falling on Ice

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I fell on the ice, what are my legal options?

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a person who recently called us saying, “Last February I was walking with my wife into a big box store when I hit some ice and came down destroying my knee, what are my chances at trial?”

This is a great question. We live in a geographic location where snow and ice accumulation is a routine occurrence. Countless times when we have sued in such cases the defense team shouts out “the condition was open and obvious and we have no duty to protect against such conditions.”

You might be thinking is that a legitimate defense? It can be, depending on the conditions and the situation. But, there are some countervailing points of law on the side of the person who falls on ice in such situations.

What if the property owner puts out salt and cleared off snow on all walkways, but missed the spot right where the person loses their footing and falls?

In such a case the open and obvious conclusion the pedestrian would have reasonably drawn would have been that the walkways are clear and safe. Which makes the hidden danger of the missed spot extremely dangerous.

But, the counter you will hear from the defense team is we don’t have to be perfect, we just have to use reasonable care. Which of course is true for both parties. Both parties are to use reasonable care.

See how trials can be anything but simple?

But, what if the injury occurs on a sidewalk leading to the entrance of the store where there is a downspout, and there was no snow the day of the fall, and water from that downspout formed a layer of ice on the sidewalk, and the property owner knew this was likely to happen, and did routinely happen all winter? What if the employee witnesses admit that they knew ice could form in this area of the sidewalk, that they should be inspecting every couple of hours, or putting out a sign warning people away from the danger.

Add some more facts. What if video surveillance from the day of the fall shows dozens of other customers seeing the ice and walking around it, and the fall victim looking over at a car entering the parking lot and missing seeing the ice?

When you look close at the video surveillance and add that to the special knowledge of the business that knows or should know about the ice, isn’t it reasonable for a jury watching those video clips to conclude that “it was just a matter of time before someone unsuspecting was going to get injured?”

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”

May 20 2020

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Ep 51 – Motor Vehicle Safety Equipment Makes Us Less Safe

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Why Does Motor Vehicle Safety Equipment Make Us Less Safe?

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who said “you have years of experience involving car crashes and injuries, are you getting the sense that the number of crashes on the highway are going down given all the safety equipment on cars these days?”

Great question.

I think it demands a two-part answer.

For safety systems like airbags and anti-lock brakes, the equipment does not reduce the number of crashes, but most likely reduces the severity of injuries suffered in crashes.

But for safety systems that we might call driver assistance systems, it is not likely that they are really making us safer.

Advanced driver assistance systems are common in many vehicles today.

Such systems are designed to prevent crashes. Fewer crashes is good, right?

But, a recent report from AAA suggests relying on driver assistance systems may lead to higher rates of distracted driving.

What if protective technology is really just leading drivers into a false sense of security? Why look at the road if the car will protect you?

Full automation will remove occupant control. Once a car is driving itself, why even continue to call an occupant a driver?

But in the meantime, before complete automation, there’s still a big safety burden on the driver to control the vehicle and remain situationally aware. That burden on the driver to DRIVE SAFE, is present even though the automation equipment on the vehicle may help.

Data from recent studies indicates that the use of advanced driver assistance systems is associated with a 50% increase in the odds of engaging in a secondary task and an 80% increase in the odds of engaging in visual or manual secondary tasks, compared to the same drivers driving without an automated system.

What does that mean?

Well, if you think your car is going to watch for children running into the street to chase a ball, and that the brakes will come on automatically, then you as the operator reason that it is ok to look down at the weather headlines displaying on the entertainment console.

This holds true for speeding related errors when driver assistance systems are in use.

Drivers actually are more safe in operating a vehicle, when the protective system is turned off.

Again, makes sense, if you have cruise control on and you know the car will automatically slow you down if you get too close to the semi ahead of you, then your brain disengages a little, and safety overall is diminished.

Same with systems designed to alert drowsy drivers. If you have that drowsy alert system, you think you are safe and keep driving instead of pulling over like you did years ago when you sensed yourself getting tired and pulled off the highway to take a nap.

Here is an example. Have you ever had the need to drive a car using a spare tire, or run flat tire? If you know your tire might burst if you are going faster than is safe for the tire, most people will driver extra cautiously. Conversely, if you just replaced a bad set of tires, or gotten new brakes, you likely will feel it is okay to drive faster, and push the limits of your vehicle.

The take away conclusion is that safety systems can erode our attention.

That’s dangerous. Smart car; not so smart human.

It is only going to get worse.

The smarter your car, the less the human operating it will be pay attention. It is human nature.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

May 13 2020

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Ep 50 – Link Between School Shootings and Tort Law

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Is There a Link Between School Shootings and Personal Injury Law?

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from yours truly. Yes, it is a question I have asked myself, and the question is: Is There a Link Between School Shootings and Personal Injury Law?

The answer is YES in part. Maybe in large part.

What makes schools soft targets for evil and demented people who go there to instigate their planned harm? Well, one reason is limited security coupled with potential victims who are unable to protect themselves.

But … why is security so limited? Could the answer actually lie in the way the tort system has developed in this country? A strong case could be made that it does.

Schools are agencies of the government, and the government in most states largely makes itself immune from liability, or at the very least severely limits damages recoverable when lawsuits are brought against governments for security failures.

The government does not have to pay the millions of dollars that would be owed by a private company with provable knowledge of major security risks, say to a concert venue or ballpark.

Consequently, there is little real pressure on governmental actors to make the necessary security decisions that could easily make schools safer places.

Incidentally, there is also little financial downside for officials who ignore signs that a potential murderer is mentally unbalanced, or if the official decides to not take seriously warnings of instability reported by others.

Instead, there is a financial penalty if an official is over-aggressive and wrongfully detains someone, yet again damages are limited in most jurisdictions.

But if you are an official who is found to have made an error in asking for a judicial psych evaluation on someone, there is a price.

While if you don’t act to stop a potentially dangerous person, there is no price. No financial price that is.

So, if an official is weighing the odds of adverse job repercussions, the odds always say (from a lawsuit danger perspective): ignore the warning signs.

Let me repeat that. There is very little legal jeopardy for schools administrators if they decide to look the other way and let violent actors get more and more violent, WHEREAS there is potentially great legal jeopardy to be faced by administrators if they take action to clamp down on violent actors when the initial signs of violence are recognizable.

So, we see time and time again where governmental agencies, drop the ball on security, because there are few employment or financial repercussions for dropping the ball.

Maybe it’s a failure to inspect a scaffolding for code violations at a state fair, like happened in Indiana a few years ago.

Or a failure to require proper reconstruction of flood levies mistakenly torn down, like happened in a case we litigated dozens of years ago.

Governmental financial accountability, or lack thereof, leads to poor decisions by government officials.

It is just human nature for an official to worry about his or her job more than public safety.

So, when you hear politicians run to a microphone and talk about making laws that deal with whatever instrument bad people might want to use to create mayhem, whether it be IEDs, cars mowing down pedestrians, or firearms, is it all just talk?

Is it all to give the impression of solving a problem without really solving it?

To really stop school shootings, a careful systematic assessment needs to be done to make sure all decision points for governmental officials charged with making security decisions make the interests of the children paramount.

Maybe that means having off duty police officers at every school. Maybe it means something different.

But, things can and should be done to make children safe.

We just have to have the collective will to recognize the problem, and then to fix the problem.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

May 06 2020

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Ep 49 – Distracted Driving is Getting Worse

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Why is Distracted Driving is Getting Worse?

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who would like to know “with all the public service announcements about the dangers of distracted driving, why does it seem that more and more people are driving distracted?”

Distracted driving accounts for a large percentage of the motor vehicle injury cases we help people with and it is tragic.

Distracted driving has been around since the dawn of the automobile, but over the last few years it’s on the rise. The culprit…the proliferation of social media accessible mobile devices.

I saw this recently on a Facebook friend’s post…

“I nearly got killed today while driving, by a teenager on her phone who almost broadsided me. If I had not veered hard and drove off the road her SUV would have hit the driver side of my car head on. I was so shook up that I had to get out of my vehicle and calm down. When are people going to understand driving & talking on the phone impairs you like drugs and alcohol. Your focus goes to the phone and not your driving. The teenager never even stopped.”

Sadly, more and more people are witnessing first-hand the epidemic that cell phone usage is adding to driver’s distractions while behind the wheel. This is precisely why manufacturers of these mobile devices are taking some-what of a proactive stance by adding apps and sensors that detect when a vehicle is moving then shut off all incoming texts, social media notifications and calls to those devices. Although it’s the user’s responsibility for using these apps and sensors.

Luckily for my Facebook friend she still has fantastic reflexes and was able to swerve away from a head on collision. But, what if she wasn’t able to? What if there was no shoulder to pull over to? What if she had collided with the oncoming vehicle?

Over the years I’ve shared many articles about distracted driving, and yet it seems more and more people (not just teenagers) are entering the roadways while engaging in some sort of cellular activity.

Social media has given us the ability to connect rapidly with our fans, friends and followers and when we hear a ding we have to immediately check to see who is sending us what. Unfortunately, we’ve become conditioned like Pavlov’s dogs to check our devices constantly.

In 2015 a study was revealed that suggests the average cell phone user checks his/her phone 45 times per day.

But by 2017, that statistic jumped to 85 times a day. Yet, millennials (those between 18-26 years old) will check their devices up to 150 times per day.

Distracted driving is by all means negligent driving. Any time you take your eyes off the road to glance down at your phone you are putting yourself, your passengers or the traffic around you in danger. And depending on how fast you’re traveling a split-second glance to look at your phone could be all it takes to veer into another lane and cause an accident.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 29 2020

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Ep 48 – Uninsured and Underinsured Motorist Coverage

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Why Buy Uninsured and Underinsured Motor Vehicle Insurance?

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who wants to know why she should buy uninsured and underinsured motor vehicle insurance coverage.

This is a question that we often get.

When you buy the minimum liability insurance policy required by law to operate a vehicle on Indiana highways, that policy covers the other party if you end up in an accident.

If the other party has no insurance, then you are left out to dry, UNLESS you purchase uninsured and underinsured motorist coverage, which will cover your losses if the other driver is driving without insurance.

Of course, nobody should drive without insurance. But, just like nobody should drive drunk, driving without insurance is something that happens all the time.

Let’s imagine the worst. It’s midnight and you’re worried. Your husband should have been home two hours ago. You’ve tried to call him, but no answer. Then your phone rings. It’s your husband calling. But the voice on the other end is not your husband’s voice. You hear, “Ma’am, your husband has been in a serious car accident, could you come to the hospital please?”

Your emotions are all over the place. You have a thousand questions. You make it to the hospital. The receptionist directs you to the third floor. You find a police officer waiting for you.

The officer explains that a drunk driver hit your husband’s car. Both cars were destroyed in the collision. And your husband is in critical condition. He needs surgery.

He has multiple fractures, a collapsed lung, head trauma…plus scores of lacerations.

Your husband’s life will be different. At least for the foreseeable future. He will require physical therapy, rest, pain management and weekly doctor’s checkups. Your daily routine will need to be adapted to account for your husband’s various appointments.

Unfortunately, lives are upended all too often by drunk drivers.

Drunk driving cases pose difficult legal challenges sometimes because while fault is frequently clear, a person who is irresponsible and drives drunk, is also statistically likely to also be financially irresponsible and have no insurance.

For this reason, in Indiana, it is very important to maintain uninsured and underinsured motorist insurance coverage. This coverage protects the victim when the drunk driver has insufficient or no insurance.

In cases where a drunk driver has no insurance, or inadequate insurance, the next step is to investigate who served the alcohol. Was the drunk driver at a wedding, party, bar or tavern?

Was the person served alcohol while being observed to be intoxicated? Cases against bars and taverns are called dram shop cases. And dram shop cases, as well as any other case where proof of serving alcohol is important, must be investigated quickly, before memories fade and proof disappears.

So, in the case above, where the drunk driver collided and caused an accident, the victim would come to us seeking a resolution. We would then start an investigation. We would ask a lot of questions. We would request medical records, a police report and any information that would help support our client’s claim.

However, with drunk driving cases there is often nobody with insurance or money that can be held responsible for the damage that was done.

Buying uninsured and underinsured motorist coverage protects you and everyone in your vehicle if there is a crash and the other driver has no insurance or inadequate insurance.

We recommend buying the highest amount of such coverage as you can afford. It is coverage that protects you and your family. It is heartbreaking when there is no coverage available to pay medical bills and other expenses after a crash due to lack of insurance coverage.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 22 2020

4mins

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Ep 47 – Why Is My Deposition A Big Deal?

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Your Office Called to Have Me Prepare for My Deposition, What’s the Big Deal?

https://personalinjuryprimer.com/wp-content/uploads/2020/01/Podcast-047-Why-is-my-Deposition-a-Big-Deal.mp3

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a client who called and said “Your Office Called to Have Me Prepare for My Deposition, What is the Big Deal? Is My Deposition Really That Important?

Many times a personal injury case client will ask “is my deposition really that important?” … The answer is yes, but only if you want to win. …

A deposition is a statement under oath taken down by a court reporter.

Yes, preparing for a deposition is a bit of a pain. To properly prepare you need to review the facts of your case with your attorney so that your memory is refreshed and you can answer accurately.

And, answering questions posed by the attorney for the other team is difficult and requires thoughtful consideration of the question before it is answered.

In other words, you don’t get points for answering quickly, or answering before you have listened to the entire question. The game is won by thinking before answering and by not providing information that was not asked.

In other words, if the question is “do you know what the date is today?”, the answer should be “yes, or no”, not a response that actually provides the date.

But, the overriding most important part of a deposition is really simple: Tell the Truth.

Witnesses are obliged to tell the truth, even when they think the truth will hurt their case.

But, often a truth that a client might think will hurt them, does not at all hurt their case.

For example, if the “truth” of your past medical history in a case involving a broken leg is that 10 years ago you broke the same leg, it is not damaging to your case to admit that fact.

Rather, the biggest mistake of all is to deny such a fact. Why? Because records will easily show that the denial was either a mistake, or a lie. Mistakes can hurt you at trial, but lies can kill you at trial.

All things considered, a deposition is fairly easy as long as you don’t get rattled or upset by the questions posed. If you prepare and go over things with your attorney beforehand, you will NOT be rattled or get upset. If you follow the advice of your attorney, you will do well. You will make a good impression on the defense attorney, who will be reporting back to the people who decide if they will settle with you, or if they want to go to trial against you.

Oh, and don’t worry about handling objections – your lawyer may object to certain questions asked by the defense attorney, but that is your attorney’s job, not your job.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 15 2020

3mins

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Ep 46 – Hotel and Motel Injuries

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Legal Rights Regarding Hotel and Motel Injuries

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I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a caller who had a relative who was injured while staying at a hotel and asked “what are my legal rights if I am injured while a guest at a motel or hotel?”

Many types of injuries can occur in overnight lodging situations, even in bed and breakfast accommodations or inns and resorts.

For example, a robbery or mugging can occur while you are on the premises of a hotel or motel.

Dangerous parking lot conditions, such as unmarked curbing or potholes, can cause people to fall while walking from their vehicle to their room. In addition, people staying at hotels can get hurt while going up and down staircases that have been poorly maintained, or by venturing into a washroom that has just been mopped where an employee forgot to place a wet floor warning sign.

On top of that, all too frequently guests encounter hazards inside their hotel rooms, such as bedbugs, slippery shower surfaces, or cabinets that can be tipped or pulled over by a child.

Sometimes exercise equipment is defective, or a swimming pool has been opened to use without first being properly chlorinated or disinfected. These types of hazards can result in injury, and some of these injuries can be serious.

We recently helped a fellow who responded to a knock on his motel room door only to be robbed and shot when he opened the door. The motel had had frequent robberies, and was near an expressway where the robbers would make a fast get away, but the motel did not warn the guests and was subject to legal liability.

Out of town travelers are considered excellent prey for robbers because they tend not to want to return to testify in court if the criminal is caught and arrested.

Another incident that we helped with not long ago involved a guest who happened to be a volunteer fireman from another state, and when a fire broke out in the hotel, he helped people out of the hotel by knocking on doors, and when he came down the stairs to exit himself, he slipped and seriously hurt his back when he stepped on a mat that had hastily been put down on the freshly mopped and wet floor, which created a serious slipping hazard.

Moreover, not long ago we had an inquiry from an individual who was bitten by bedbugs and suffered a severe allergic reaction that was life-threatening. Surprisingly, this insect bite incident occurred at a very high priced hotel that had simply failed to take care of the insect dangers, and failed to follow proper cleaning and hygiene requirements.

In still another case we represented not long ago a handicapped individual who was provided a special handicap room with a shower chair that collapsed when he transferred to it, which led to serious injury.

Indiana law holds property owners, including hotel and motel owners, liable for physical harm that comes to guests of their hotels and motels because of a condition in their property.

Specifically, the law holds property owners liable for physical harm caused to their guests by a condition of property, if, but only if, the owner 3 legal criteria are met:

  1. The property owner knows about the condition or by the exercise of reasonable care should discover the condition, and should realize that the condition involves an unreasonable risk of harm to guests;
  1. The property owner should expect that guests will not discover or realize the danger, or will fail to protect themselves against it; and
  1. The property owner fails to exercise reasonable care to protect guests against the danger.

Owners or occupiers of property, including hotels, owe a duty to use ordinary care to maintain their property in a reasonably safe condition for the use of those who come upon it as guests. The owners or occupiers have a duty to warn guests of any latent dangers on their property or dangers that are not readily apparent to guests. In addition, the landowner’s duty includes a duty to inspect his premises, ascertain possible dangerous conditions, and warn guests of those conditions. This duty is active and continuous.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 08 2020

5mins

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Ep 45 – Your Rights if Hurt at a House Renting Service

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Learn About Your Rights if Hurt at a House Renting Service Property.

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who said “we are thinking of renting a house through one of those B N B services, and we are wondering what legal standards apply if someone gets hurt on the property?”

When you stay overnight at a hotel you might be exposed to unsafe parking lots, unmarked curbs, potholes and even poorly lit hallways inside the buildings.

People even are at risk for getting bitten by bedbugs or injured by exercise equipment or come down with an illness caused by swimming in non-chlorinated pool water. And although that all sounds bad and you ought to be careful when you book a room at a hotel or motel what are the risks if you decide to stay with a house rental service like Airbnb, VRBO (Vacation Rental By Owner), FlipKey or many of the others advertised on the internet.

Well, they may seem like it. You have the comforts of a home setting without the negative aspects of staying at a hotel.

However, keep in mind that staying at a house rental service you are trading security for comfort and that may come at a price.

You see, the host of the house rental typically doesn’t have a full time or even a part time maintenance person to go around fixing things. Or a housekeeping staff to make sure your bed is made and bathrooms are clean while on your stay.

Nor do these house sharing services offer lifeguards for their pools, night security staff to keep you safe and they might not have to undergo regular electrical and fire safety inspections.

And unlike a hotel or motel, when using these house sharing services in most cases in their “Terms of Service” that you agree to when using their website … you give up your right to sue if injured.

So, if you’re a guest staying at a house sharing service and you are injured, could you be estopped from suing those companies for your injuries? If your plan is to turn to the host, the owner of the house you are renting, and initiate a claim what if that may not work?

You might assume that the owner of the house is covered by their homeowner’s insurance and that any injury that occurs on the property would be taken care of … “it ain’t necessarily so”.

Did you know that most homeowner’s insurance policies exclude coverage for “business activities” operated out of a home? And, renting your home for a profit is considered a business activity. Yes, insurance companies have a right to know when insuring a property whether you are bringing people (maybe a lot of people) onto the property to make money. It can impact premium rates. It can impact coverage.

That said Airbnb announced recently that as part of using their service they would provide hosts with up to $1 million in liability protection if they get sued by a guest. But is $1 million enough? And what about the other services?

Airbnb seems to be the only service offering such coverage. But regardless what service you use, it’s always a good idea to confirm that they are covered by insurance.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Apr 01 2020

4mins

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Ep 44 – Fault for an Injury Caused by a Display Tip Over

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Determining Fault for an Injury Caused by a Falling Museum Display

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I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listen who said “I saw on the news where a museum display toppled over and injured a child who touched the display, who is legally responsible when such things happen?”

I read that same story about an Overland Park Kansas 5-year-old boy who was at the museum with his mom, when an exhibit piece accidently toppled onto him.

The video released by the museum on social media made the mom out to be a bad parent for not paying attention to what her child was doing. Well, being that 5-year-olds are curious about everything and like to climb on things…the piece ultimately fell, and was damaged.

The museum is blaming the mom for not keeping the boy in check. And, insisting the family pay $132,000 for the replacement cost of the broken sculpture. Now, was the family at fault? Some might think so. And, the video does show the sculpture being knocked over by the boy.

But, there were a few things left out of the viral video…

(1) there was a bridal shower going on in the museum

(2) and also a birthday party,

(3) the sculpture that was broken was not in any way, shape or form secured for safety,

(4) nor was protective glass placed around it.

And, you would think that being a museum they would have at least put up “Do Not Touch” signs so parents could warn their kids not to poke and prod exhibits.

Well, the museum sent Sarah Goodman (the mother of the offending child) an invoice for $132,000 and yes, demanded she promptly pay.

Now, in the normal course of breakage within a museum or commercial enterprise typically insurance is called upon to cover injuries or damages.

So, why make an individual pay?

In this case, the insurance company didn’t feel it was justified that they cover their client’s damages when it was, in fact, a curious child that broke the piece while the mother was distracted.

Yet, if the child was seriously injured in anyway because the museum didn’t take safety precautions the $132,000 would no longer be an issue. And most likely the museum and their insurance carrier would be on the hook for thousands if not millions in a personal injury trial case.

This matter reminds me of a Television Tip Over Case which resulted in the death of a child.

A television weighing 92 lbs. fell from a dresser resulting in a fatal head injury to an infant playing in front of the television on a play blanket spread on the floor. Analysis of the stability of the television established that as little force as 10 lbs. applied at the top of the television, where the channel and volume controls are located, will cause the television to tip. Like many similar televisions, the subject television did not contain any on product warnings relative to a tip-over hazard, nor any other appropriate warnings of any sort disclosing the hazard.

Although the museum piece is not a television, in both cases, the sculpture and television where placed on top of other items (a pedestal and a dresser) that created a potential tip over hazard, injury and or death.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Mar 25 2020

4mins

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Ep 43 – Self Help with Nursing Home Injuries

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Nursing Home Injury Self-Help

https://personalinjuryprimer.com/wp-content/uploads/2020/01/Podcast-043-Self-Help-with-Nursing-Home-Injuries.mp3

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.

Today’s question comes from a listener who would like to know “what are the family’s legal rights if a family member is hurt as a result of abuse or neglect at a nursing home?”

We take seriously nursing home injuries that result from neglect or abuse. But, not every situation justifies the filing of a medical malpractice lawsuit. Malpractice cases are expensive to pursue and require expert testimony to be successful. Every situation needs to be evaluated carefully.

Where an injury quickly heals, a malpractice case may not be practical.

But, there are remedies available to families who have had a loved one fall victim to abuse or neglect at an assisted living facility.

Here we outline a few of the steps you should consider taking immediately to protect a patient’s safety and well-being.

Contact the Operators of the Nursing Home

If you suspect neglect or mistreatment, discuss the issue with the chief of staff at the facility or higher-level management at the facility.

Your goal should be to resolve the problem, and ensure better care for your loved one going forward.

Consider recording the conversations you have in person about your issues.

If you come to an agreeable understanding about the issue, ask the facility to put it in writing and ask them to sign it.

Thereafter, you must continue to monitor the problem to be sure that the solution is implemented, and that the patient is safe and secure.

Contact State Officials Charged with Supervising the Facility

Consider contacting your State’s Adult Protective Services agency, and/or nursing home licensing board.

Such agencies need to know of dangerous situations at a facility, and may be able to connect you with other resource agencies at the local and federal government levels.

Document with Photos and Videos Signs of Abuse or Neglect

If you see bruising and/or swelling, or what might be called common warning signs of abuse or neglect, you need to take action to preserve evidence of what you observe.

Factual proof that your elderly or vulnerable loved one may have been mistreated is important. Have the photos or video clips available when you discuss the matter with the operators of the facility and/or government regulatory agencies. Stay vigilant.

If your loved one has suffered a serious injury while at a nursing home, or extended care facility, contact a qualified attorney as soon as possible for assistance in holding the operators of the facility accountable for any wrongful conduct.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.

Mar 18 2020

4mins

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Good podcast

By hairbeardown - Jul 10 2019
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I practice law as captive counsel for a large insurance carrier. This pod has been informative and interesting but most of all educational. I really like that it focuses on issues that are pretty universal to both plaintiff and defense.