OwlTail

Cover image of Personal Injury Primer

Personal Injury Primer

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.

Weekly hand curated podcast episodes for learning

Popular episodes

All episodes

The best episodes ranked using user listens.

Podcast cover

Ep 126 – Driving Without Headlights

Driving Without Headlights https://personalinjuryprimer.com/wp-content/uploads/2021/05/Podcast-126-Driving-Without-Headlights.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 personal injury law topics. Today’s question comes from a caller who says “my friend was in a crash after dark, and the crash happened because the other driver didn’t have any headlights on, but the police report says my friend failed to yield the right-of-way. How can you yield the right-of-way to someone you can’t see?” This is a great question. Over the years, we have had several cases involving this very issue of one of the drivers driving at night without headlights. Many modern vehicles are equipped with sensor switches that automatically turn on the vehicle’s headlights when it gets dark. But this isn’t always the case. And even if there is an automatic switch, typically, users can disable that automatic switch. However, in some older vehicles, there is no switch to automatically put on the headlights. In some production years, older cars and pickup trucks were sold with a controller that automatically put the headlights on and did not give drivers the option to turn them off. One of the first things you need to do when investigating a case involving whether headlights were on or off is to examine the make and model and year of the car. Online, you can find out a lot about standard equipment. If you have the Vehicle Identification Number, you can go even further and determine what equipment was on the car when it was sold. That certainly doesn’t address aftermarket equipment, but it gives you a start. Additionally, after a crash, you can sometimes have an expert examine the vehicle. Even when headlights are broken, it may be possible to determine if a headlight was on when the bulb was broken. Experts can determine if the filament was hot when the glass was broken. Some experts claim they can even tell if someone tried to turn the lights on after the bulb was already broken. But back to the caller’s question, how can you yield the right-of-way to somebody you can’t see? Well, the answer is, of course, that you can’t. Almost every state has a law that says headlights must be turned on at dusk and can’t be turned off until dawn. Suppose a police officer investigating a crash, cannot determine whether  headlights were on or off. In that case, the officer will note the dispute in the police report. The officer may even put down which car had the right of way. For example, the vehicle on a through highway operating without lights would have the right of way as to someone pulling out from a side street. It is the absence of headlights which under the law, negates that right of way. We’ve seen people try to make a defense even when their headlights were confirmed to be off by eyewitnesses. They will claim the streetlights in the area were sufficient. They will then argue that their car was evident even with no headlights. — This defense doesn’t usually work with most juries. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 126 – Driving Without Headlights first appeared on Personal Injury Primer.

3mins

20 Oct 2021

Podcast cover

Ep 125 – Medical Malpractice Diagnostic Mistakes

Medical Malpractice Diagnostic Mistakes https://personalinjuryprimer.com/wp-content/uploads/2021/05/Podcast-125-Medical-Malpractice-Diagnostic-Failures.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 personal injury law topics. Today’s topic is medical malpractice. A decade ago, if I told you 1 out of every 20 patients had been misdiagnosed by their treating doctor, you might be shocked at that statistic. But it is accurate. And that number accounted for close to 12 million mistakes that patients had to either accept or challenge in court. Fast forward to the present, and those statistics have worsened exponentially for patients. Add in the pandemic and the protocols that have been put into place before a patient can enter a building, and you would think mistakes would decrease. But unfortunately, that’s not the case. In most hospital settings, doctors typically have just 10 minutes with a patient. That’s not enough time to assess a patient, determine what is wrong and provide a treatment course appropriate for their ailment. Often, the doctor is rushed. The patient doesn’t have time to explain their concerns. So the patient accepts what the doctor says and hopes for the best. That’s not how it should be. Doctors know they need to slow down and spend more time with patients. Yet, they don’t. And over the last 30 years, misdiagnoses were the number one source of malpractice claim payouts. Here are the top 3 malpractice allegations by percentage… #1 – 31.8% Failure to Diagnose #2 – 26.9% Surgical Errors and Mistakes #3 – 24.5% Medication Errors Misdiagnosing a patient is the same as failing to diagnose. Physicians and hospitals rarely admit mistakes. Even in cases that seem clear cut, you can expect a defendant to fight any claim of wrongdoing. We have successfully handled many medical malpractice claims ranging from birth injuries and brain injuries to cancer diagnosis and nursing home abuse. We also have taken medication dosage injuries and infectious disease claims. Medical malpractice can apply to nurses, dentists, osteopaths, physical therapy facilities, and others providing health care. The challenges these cases present are varied, and our team will work aggressively to overcome them. We also have experts at our disposal to help get to the truth of what happened. Our experienced injury attorneys are skilled at securing favorable settlements and jury awards if a settlement is impossible. Negligence by a medical professional could result from an error in diagnosis, treatment, or illness management. Negligence is based on a failure to follow accepted standards of practice. For example, a hospital may provide improper care in not correctly assessing a fall risk resulting in a patient fall. There may be an error in dispensing medications, or a failure to maintain sanitation, or providing below standard nursing care. The law involving medical malpractice is designed to protect patients’ rights to compensation if they are injured due to negligence. But malpractice suits are rarely simple, and they are costly to fight. Sometimes the time and money needed to pursue compensation for an injury that is minor or heals quickly should not be spent. If you believe you have a medical malpractice claim, it is essential to timely consult with an attorney who can help you determine whether your claim should be pursued. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, a product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. 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.”The post Ep 125 – Medical Malpractice Diagnostic Mistakes first appeared on Personal Injury Primer.

4mins

13 Oct 2021

Similar Podcasts

Podcast cover

Ep 124 – Injured After Striking a Buried Gas Line

Injured After Striking a Buried Gas Line https://personalinjuryprimer.com/wp-content/uploads/2021/05/Podcast-124-Injured-After-Striking-a-Domestic-Buried-Gas-Line.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 caller who said that her husband was injured while excavating when his equipment hit a domestic gas line feeding into a home. She wanted to know their legal rights. While it isn’t every day that someone strikes a gas line while digging, severe injury or death may result when a gas line is ruptured. Large gas lines are usually permanently marked and exist in a well-defined right-of-way. The caller was focused on a gas line that was leading into a house. The gas line was not correctly marked based on her information, and her husband didn’t expect to be hitting a gas line where he was digging. The gas utility company buried the line. The gas utility company marked where the gas line was supposed to be buried. But the marking flags were 15 feet away from where the actual line was buried. So either the individual who placed the flags made a mistake, or the utility company didn’t properly document the gas line’s location in its records. In either case, the gas company is primarily liable. Perhaps the person marking the line was an independent contractor, which would throw a wrinkle into the analysis. Still, typically if the gas company hired that contractor, it would more than likely share responsibility for any contractor mistake. A utility company is under a duty to use reasonable care in transporting natural gas. The company also is obligated to reasonably inspect and maintain its gas line. Most companies require an excavator to contact a clearinghouse agency before digging. That agency then will come out and mark underground utility locations. Based on the facts provided, an investigation would likely reveal where the mistake was made. Most of the time, the equipment used to determine where an underground gas line is located is very accurate. This equipment can detect metal at a fair distance under the ground. The flagger should be able to accurately mark the gas line’s location. Significant evidence will be the locating flags that remain and indicate that the gas line was in a different location. Also important will be that the other utility lines, such as phone lines and cable lines, and electrical lines, were marked. Typically the property owner calling for a marking of utility lines must wait several days for the individual utility companies to flag their utility lines. It would be helpful to a case that the person digging waited the appropriate amount of time. Years ago, we represented a backhoe operator injured when his equipment severed a natural gas line leading into a subdivision. This gas line was larger than the typical small-diameter lines that feed an individual house. The excavator suffered second and 3rd° burns to a large percentage of his body. He healed and survived. When a large diameter natural gas line is severed and catches fire, it takes more than a local volunteer fire department to control the situation. The line has to be shut off. Then it has to be carefully mended. Sometimes, a temporary repair can be made by placing a big rubber boot over the gas line hole. Once the pressure is removed from all the gas lines feeding numerous homes, those gas lines need to be carefully re-pressurized. Then furnaces and pilot lights have to be carefully brought back online once the pressure is returned to the smaller diameter individual lines. 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”.The post Ep 124 – Injured After Striking a Buried Gas Line first appeared on Personal Injury Primer.

4mins

6 Oct 2021

Podcast cover

Ep 123 – Why Are Motorcycle Accidents Often Deadly

Why Are Motorcycle Accidents Often Deadly https://personalinjuryprimer.com/wp-content/uploads/2021/05/Podcast-123-Why-Are-Motorcycle-Accidents-Often-Deadly.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 caller who wants to know why motorcycle crashes are frequently more deadly than other types of crashes. Great question. The answer is a combination of several factors: Drivers who drive defensively typically are safer because they are aware of their surroundings. In other words, they look out for other vehicles and take steps to avoid those other vehicles. But not all vehicles are equal when it comes to perceivability of the vehicle. Motorcycles are small and difficult to perceive by the human eye when we quickly glance around us. Motorcycles, of course, are not invisible, but they do not register in our awareness as, say, a large truck or a train. That’s why some states have laws requiring motorcycle headlights to be illuminated at all times while the motorcycle is operating on the highway. The headlight makes for a better perception of the object. Of course, a small vehicle can easily occupy a blind spot in a driver’s mirror. Even cars with blind-spot detection equipment may have difficulty registering a motorcycle in a blind spot. But, besides being small and difficult to see, motorcycles are missing some critical safety equipment. When was the last time you saw a motorcycle equipped with an airbag? Or a shock-absorbing front or rear bumper? A motorcyclist hit by a car or a truck has limited protection. Sure, a helmet may help protect the head, but nothing is protecting your arms or legs or the rest of your body. Even skateboarders wear elbow guards. If a motorcyclist simply had on the same equipment worn by NFL lineman, they would fair much better against injuries such as: TBI (short for traumatic brain injury) spinal injuries, and complex fractures So, given these factors, what is a safe motorcyclist to do? Drive defensively. Operate with headlights on at all times. Wear padded clothing. Wear reflective clothing at night. Stay completely away from alcohol or other mind-altering substances. Wear a helmet. Make sure the motorcycle has good brakes. 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”.The post Ep 123 – Why Are Motorcycle Accidents Often Deadly first appeared on Personal Injury Primer.

3mins

29 Sep 2021

Most Popular Podcasts

Podcast cover

Ep 122 – What to Ask a Lawyer About Truck Accidents

What to Ask a Lawyer About Truck Accidents https://personalinjuryprimer.com/wp-content/uploads/2021/05/Podcast-122-What-to-Ask-a-Lawyer-About-Truck-Accidents.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 caller who wants to know what legal issues are involved in litigating truck accident cases compared to cases involving only colliding cars. Is this question another way of asking, aren’t truck and car accidents really just the same? At the most superficial level, car and truck accidents are the same. Many of the same traffic rules apply to the operation of both vehicles. The similarity doesn’t go far beyond that, however. The bumpers on semi-tractors do not have the shock-absorbing capability that you find on automobiles. If you have two automobiles crash either front to rear or front to front, the shock-absorbing bumpers take much of the collision force and disperse it away from the body of the occupant inside the vehicle. All of that is missing when a truck hits the rear of a car. You only get one shock-absorbing bumper in that kind of a situation– the shock-absorbing bumper on the back of the car. The truck bumper, which has no shock-absorbing properties, will transmit all of the impact force into the car. There are, of course, more physical differences between trucks and cars than bumper design. The semi-trailer truck weighs vastly more than a car. Accordingly, the brunt of the force of the collision flows to the vehicle that weighs the least. But there are a whole host of other issues that are involved with collisions involving trucks, especially large semi-tractor trailers. There are rules describing truck weight limitations. If those limitations are exceeded, the vehicle may be in violation of what are called federal motor carrier safety rules. These safety rules encompass a lot of different things, including rules regarding the number of hours that the truck can be operated by a driver without a break for sleep or meals. Being familiar with these regulations is essential. Also, when you’re dealing with trucks, there is always the legal issue of agency or employment regarding the vehicle’s driver. In other words, not only is the driver responsible for the operation of the truck, but the company that puts the driver on the road can be held legally accountable. There are also different minimum insurance requirements for semi-tractor-trailer trucks. There are different requirements for different types of trucks, such as farm vehicles that look like semi’s and haul grain to market versus over-the-road long haul trucks. The rules vary between truck types and use. There are rules regarding general safety inspection, vehicle lighting, and inspection and checking of brakes before each load. There are requirements concerning flares and reflectors if a vehicle is disabled on the roadway at night. So, an attorney who has never handled a truck case before will not have the same experience with the law as someone who has handled many truck cases before.  It is similar to going to a medical doctor who concentrates on dealing with injuries to the human hand, being called upon to perform brain surgery. There’s some overlap in the experience, but not that much. Typically you’ll do better with an attorney who has experience with truck accident cases if you’ve been involved in a crash which includes a truck as one of the crash vehicles. 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”.The post Ep 122 – What to Ask a Lawyer About Truck Accidents first appeared on Personal Injury Primer.

4mins

22 Sep 2021

Podcast cover

Ep 121 – Parent Suing on Behalf of a Child

Parent Suing on Behalf of a Child https://personalinjuryprimer.com/wp-content/uploads/2021/05/Podcast-121-Parent-Suing-on-Behalf-of-Child.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 listener who would like to know if a child can hire an attorney and pursue a lawsuit on their own, or if the child’s parent must be involved to pursue a lawsuit on the child’s behalf. This question requires a slightly complex answer. The law does not deem a minor child under age 18 legally competent to hire an attorney. So, the child on their own cannot pursue a lawsuit. Why doesn’t the law allow a child to pursue a case on their own? Well, the law holds that someone under age 18 does not have the mental capacity to handle their own affairs. That means the child is not competent to buy a car or sign a binding contract with an adult. Even though a child may not legally be able to act on his or her own, a child can, through a guardian, hire an attorney and pursue a lawsuit. What do I mean by “guardian”? The law recognizes two types of guardians: a natural guardian and a legal guardian. Parents are what the law calls natural guardians. By being a child’s natural parent, the parent is presumed to have the child’s best interests at heart. Thus, the simplest way that a child’s claim can be handled by an attorney is for the child acting through the parent to hire an attorney. The parent can sign a contract or other documents on behalf of the child. Put another way, to pursue a lawsuit, a child under age 18 may have a parent file a lawsuit in court in the parent’s name as the next friend for the child. If there is no living parent, a legal guardian must be appointed who can look out for the child’s interests. Once such a guardian is appointed, that guardian can hire an attorney. Through that attorney, the guardian can bring a lawsuit on behalf of the child. Let’s look at an example. Suppose a 10-year-old child is injured in a car crash. If the child has a living parent, that living parent can pursue the case on behalf of the child. But let’s say the 10-year-old is injured, and the child’s parents are killed in the crash. Once a legal guardian is appointed for the 10-year-old, that legal guardian can pursue the child’s case by hiring an attorney. This complexity is required because, under the law, the courts have an obligation to look out for the interest of the minor child. Nobody wants a minor child to be taken advantage of. A well-intentioned next-door neighbor cannot simply pursue a case on behalf of an orphan child. The neighbor would have to petition the court to show that they are competent to protect the child’s interests and agree to court supervision if the court authorizes them to pursue a case to protect the child’s interest. Once appointed as a guardian, the guardian cannot settle the case without the approval of the guardianship court. This is another check on the interest of the guardian. Moreover, money recovered in the lawsuit must be applied towards the child’s benefit. The recovery made in the lawsuit is to be solely for the benefit of the child. Most of the time, any money recovered in a lawsuit for a child would have to be maintained in an interest-bearing account for the child’s benefit until that child reaches the age of majority. As we already pointed out, a parent is deemed to be a natural guardian of a child and can pursue litigation without having to get court approval first. However, even the parent as a natural guardian must get court approval of any proposed settlement of the child’s claim and protect the money recovered in the claim for the child’s benefit. 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”.The post Ep 121 – Parent Suing on Behalf of a Child first appeared on Personal Injury Primer.

4mins

15 Sep 2021

Podcast cover

Ep 120 – Vascular Surgery Stents and Balloons Not Necessary?

Vascular Surgery Stents and Balloons Not Necessary? https://personalinjuryprimer.com/wp-content/uploads/2021/04/Podcast-120-Unneccessary-Artery-and-Vein-Stenting-Procedures.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 caller who asks, “I had a blood clot in my leg a few years ago, and when I was at the vein clinic, the doctor said I might be at risk for another clot in the future. He decided to put a stent in my vein. Things did not go well. Now I am at risk for losing my leg; what are my legal options?”. Hopefully, the leg’s loss can be avoided. When we get a call of this nature, we suggest that second and third medical opinions be obtained. If a medical mistake has occurred, there may be an opportunity to improve the patient’s situation despite the error. From a purely legal perspective, the mere fact that treatment “did not go well” does not necessarily mean medical malpractice has occurred. That said, data collected by Medicare and Medicaid suggests that some doctors may be performing unnecessary placement of stents or balloons in a patient’s leg veins or arteries. It may be that Medicare and Medicaid are overreacting. Still, it also could be that some clinics are seeing a patient as simply a means of making money and actually perform unnecessary procedures. Unnecessary placement of stents in leg veins or arteries may indeed qualify as medical malpractice. Suppose there is no recognized sound medical basis to justify doing a procedure. In that case, the standard of care is that the procedure not be done. Unnecessary insertion of stents in a patient’s legs can make the vascular disease worse by blocking narrow vessels or can cause a vessel to rupture. Most medical doctors hold that the standard of care is that these stent placement surgeries should be performed only as a last resort when a patient has no other options. The surgeon doing the procedure should carefully document that the procedure is medically justified. The patient should give consent to the procedure knowing the risks and benefits. The procedures are frequently done by doctors who call themselves interventional radiologists. While inserting a stent in a vein may see like a solution where blood flow is restricted, these procedures are risky, and often the standard of care is to prescribe a blood-thinning medication. If there is evidence that a doctor is performing surgical procedures for financial gain rather than medical necessity, their license to practice medicine may be in jeopardy, in addition to a jury holding them legally responsible for the harm they caused a patient. Healthcare whistleblowers have uncovered several instances where a doctor received a kickback from a medical device company, something a doctor’s medical oath prohibits. So, how do you protect yourself if you are concerned a surgeon does not have your best interests in mind?  – By getting a second opinion. It may take time to get another opinion. Still, when you measure that extra time against the risk of losing your leg as a result of a stenting procedure that was unneeded or just not done right, it makes sense to take the time to get another opinion. And the loss of the leg is not the only risk of these stenting procedures; other hazards include the following:     Blood clotting     Stroke     Heart Attacks     Infection     Perforated arteries     Anesthesia complications Of course, stenting may be a patient’s only option if the physician is presented with blocked arteries, gangrene, poor blood flow, or they the patient is at risk of limb loss if nothing is done. With today’s question, the patient had no real symptoms and was just concerned about a future blood clot that might travel to the heart or lungs. With no real symptoms to support stenting, it definitely calls into question whether a stenting procedure was needed. And, definitely warrants a second opinion. Lastly, whenever you see doctors setting up free screenings, it is reasonable to be skeptical. When doctors set up free screening programs looking for plaques in leg arteries without symptoms, it should be a sign or a red flag for a patient to be wary. We can’t emphasize enough in these situations: get a second opinion. As attorneys we would much rather our clients be healthy, than to be called upon to sift through their medical records to see if the doctor who did the procedure undertook to do it when it was not medically necessary. 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 www.DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 120 – Vascular Surgery Stents and Balloons Not Necessary? first appeared on Personal Injury Primer.

5mins

8 Sep 2021

Podcast cover

Ep 119 – Non-delegable Duties in Snow and Ice Cases

Non-delegable Duties in Snow and Ice Cases https://personalinjuryprimer.com/wp-content/uploads/2021/04/Podcast-119-Non-Delegable-Duty-in-Snow-and-Ice-Removal.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 involves a caller who recently asked, “my son went to a big box lumber store and fell on hidden ice while walking from his car. There was an outside contractor pushing snow and applying salt. The contractor missed applying salt where my son was walking. He has a serious injury; what are his options?.” As we have noted on our website and in blog posts, an attorney’s job is to help the injury victim find as many sources of recovery as possible for the harm they have suffered. In the caller’s scenario, the attorney will focus on the store owner’s liability and any snow removal contractor or subcontractors who may have contributed to causing the condition, which resulted in injury. Typically, the property owner will require a snow removal contractor to assume responsibility for injuries caused by poor or shoddy work. But just because the contractor may be liable, does that mean the property owner is off the hook legally? There may be solid legal grounds to hold the property owner liable for an independent contractor’s negligence. Perhaps the property owner failed to do due diligence and never checked the qualifications of the snow removal company? What if the property owner has employees shovel snow and apply salt in some areas of the property. But, also hires a contractor to address snow and apply salt to the same areas of the property? There could be factual issues as to overlapping liability. In other words, the contractor and property owner may both be liable for a breach of a duty of care owed to the customer invitee walking on the property. Also, there are circumstances where the law says that a property owner cannot delegate the duty of safety to another party. The best option is to sue the property owner, the snow and ice removal company, and any property management company in snow and ice removal cases. Let the court sort out if one or more of these parties are legally responsible. The injured party is frequently entitled to claim third-party beneficiary status as to any of the contracts involved. Consulting an experienced attorney is critical in such cases. 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 www.DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 119 – Non-delegable Duties in Snow and Ice Cases first appeared on Personal Injury Primer.

3mins

1 Sep 2021

Podcast cover

Ep 118 – Due Care in Providing a Horse

Due Care in Providing a Horse https://personalinjuryprimer.com/wp-content/uploads/2021/04/Podcast-118-Due-Care-in-Providing-Horse.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 whose child was injured riding a horse while at a child care center, and the bills are mounting, but they heard that the supplier of a horse may sometimes be able to avoid being held legally liable. Personal injury or wrongful death cases involving horses differ from other animal injury cases. Why? — Because horse injury cases typically involve a horse that is hired out to perform a service, such as pulling a carriage. A horse injury can be like a dog-bite case, though, where a person gets hurt by an ill-tempered or vicious horse encountered in a pasture or stable that kicks or bites. In this situation, like dog bite cases, the general rule is that the owner of an animal not known to be vicious is not liable for injuries caused by the animal when the animal is in a restricted environment and acts viciously. Suppose a gentle horse, in the care of its owner, suddenly and unexpectedly inflicts injury. In that case, the owner is not generally liable if due care was exercised. To understand horse liability issues, it helps to think about western movies you might have watched. You will find a saloon, a sheriff’s office, and a livery stable in most wild west town movies. The livery stable is where the horses are kept. The operator of the livery stable is called a liveryman. The relationship between a liveryman (one who rents out a horse) and the customer is a bailor and bailee for hire. The bailor assumes the liability which a contract for bailment imposes. The term bailment simply describes the practice of letting someone use your goods or property while you hold onto the ownership title of the property. Under the law, the liveryman owes a duty of ordinary care and diligence to furnish a reasonably fit and suitable horse for the purpose for which it is rented. The liveryman is liable for a breach of that duty. Basically, an action to recover damages for personal injuries caused by a hired horse will focus on three potential theories of liability: negligence in renting a horse not suitable for the individual plaintiff; breach of an implied warranty of fitness of the horse for the purpose for which it was rented; and liability on the ground that the horse was vicious and the defendant knew the horse to be vicious. Other grounds for liability include failure to exercise reasonable care to provide a mount suitable for the particular plaintiff. Such as renting a high-spirited horse to a person unskilled in managing horses, where the defendant should have provided a gentle and easy to handle horse. Another ground for negligence is a failure to properly equip the rental horse. Failing to securely fasten the saddle.  Or providing defective tack, such as a defective bridle or saddle. Negligence may involve the liveryman’s failure to carefully supervise an inexperienced rider, usually a child, even though the animal is generally gentle. Indiana has a statute that limits liability for injuries caused by a horse and provides that liability may be precluded for certain inherent risks, namely: The horse’s propensity to behave in ways that may result in injury, harm, or death to persons on or around the horse. The unpredictability of a horse’s reaction to such things as sound, sudden movement, unfamiliar objects, people, or other animals. Even though we no longer live in the wild west, the law governing liability for injuries involving horses has changed very little since the late 1800s. 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 www.DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 118 – Due Care in Providing a Horse first appeared on Personal Injury Primer.

5mins

25 Aug 2021

Podcast cover

Ep 117 – No Smoke Alarm or Extinguisher

No Smoke Alarm or Extinguisher https://personalinjuryprimer.com/wp-content/uploads/2021/04/Podcast-117-No-Smoke-Alarm-of-Extinguisher.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 whose “family member suffered smoke inhalation in an apartment fire, and they would like to know their legal options.” Many times, we have assisted families who have suffered injuries or loss of a loved one in an apartment or home fire. The lack of a functioning smoke alarm or even a lack of a functioning fire extinguisher can be important. When landlords fail to maintain a safe environment for apartment residents in the event of a fire (even where the landlord is not at fault for the fire) the lack of a smoke alarm or extinguisher may be instrumental in causing injury. Here’s what attorneys look for: was the smoke alarm sounding at the time of the fire? was the smoke alarm properly placed in the apartment, or was it too far from a bedroom to alert someone asleep in a bedroom was the smoke alarm of a modern type capably of quickly sensing a fire was there a fire suppression system in the apartment (either sprinklers, hand extinguishers, or range hood mounted extinguishers) did the lack of suppression equipment combined with a lack of alarm warning increase the risk of injury were escape routes marked for the building did the apartment have a sufficient number of escape routes were fire escape ladders (fixed or rope) provided Of course, there may also be issues of a malfunctioning smoke alarm which may lead to a case against the manufacturer or seller of the smoke alarm. In short, without an experienced attorney in your corner, you could end up leaving a rock unturned and not recovering for the full extent of your injuries. 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 www.DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.The post Ep 117 – No Smoke Alarm or Extinguisher first appeared on Personal Injury Primer.

2mins

18 Aug 2021