Articles Tagged with personal injury attorney

When our Indiana personal injury lawyers first read the headline referencing a “food truck” and an “explosion,” we assumed the latter was a figure of speech intended to punch up a story on the proliferation of the increasingly popular mobile cuisine, which took off around 2007 amid the economic recession. The industry grew 9 percent annually between 2010 and 2015. Unfortunately, the headline was referring to an actual explosion involving a food truck in June 2015 as it was stationed in the parking lot of an auto salvage yard in Indianapolis, where customers – including plaintiff – were being served.

The case history here is extensive, but the crux of the Indiana Court of Appeals’ decision in the defendants’ favor was that plaintiffs failed to prove defendant property owner could have reasonably foreseen the possibility of a food truck blowing up on-site. At first glance, that seems a reasonable position. However, it turns out there have been a number of serious – and even deadly – food truck explosions across the U.S. in recent years.

In June 2014 – a year almost to the day of the Indiana food truck explosion – a propane tank on a food truck in Philadelphia exploded while customers were being served. Local news reports indicated that the force of the blast sent the metal tank 50 feet into a nearby backyard and flames shooting up 200 feet into the air. As a result of that incident, a 42-year-old woman and her 17-year-old daughter who were inside the truck, were killed after suffering major burns across much of their bodies. Three bystanders – including a little girl – also sustained serious burns and others were hit by debris. An investigation later revealed the 70-year-old propane tank was improperly filled, resulting in a gas leak and ultimately the explosion. Continue reading

Indiana work injuries have been on the decline in recent decades, with roughly 60 percent fewer non-fatal occupational injuries and illnesses reported statewide since 1992. Still, a recent annual report by the Indiana Department of Labor reveals there were still 84,300 reported work injuries in Indiana, with nearly half requiring one or more days away from work or days with job transfer or restriction.

If you are an employee injured at work, your exclusive remedy against your employer is usually workers’ compensation, outlined in IC  22-3-2 through IC 22-2-6, which gives you just 30 days to submit notice to your employer and 2 years in which to formally file a claim for benefits. This assumes, of course, that you are actually an employee and not an independent contractor (a designation on which your employer doesn’t have the last say and which is often legally disputed). It also assumes your injury occurred in the course of and arose out of the scope of your employment. Workers’ compensation is meant to cover all related and reasonable medical expenses, a portion of lost wages, funeral expenses and other benefits, depending on the circumstances. However, securing full benefits to which you are entitled is often a challenge. In some cases, workers may have grounds to pursue a personal injury lawsuit for third-party liability if someone other than an employer or coworker was at-fault. An experienced work injury lawyer in Gary can best help protect your rights following a serious on-the-job injury.

The Indiana Department of Labor reports the most hazardous industries in the state for work injuries include agriculture and forestry, healthcare and social assistance, manufacturing, waste management, transportation and warehousing, arts/recreation/entertainment, accommodation and food service.  Continue reading

Scooters in Indiana have become  increasingly popular for recreation and commuting, but Indiana scooter injury lawyers are concerned we’ll be seeing an uptick of crashes, particularly those involving scooters with cars or trucks. Although the bright yellow bicycles of the Pacers Bikeshare have been integrated for the last four years (slated to double in size in the next two years), urban vehicle operators still aren’t used to seeing people on the even smaller-profile scooters gliding along the roadways and through crosswalks.

Bird electric scooter-share’s dockless scooter service in Indianapolis launched in the spring along Mass Ave. and also in Irvington, relying on smartphone apps to track and bill users.  Licensed adult locals and visitors alike have been making use of them for leisurely downtown tours in Fountain Square or City Market or a breezy ride along nearby bike paths like Pennsy Trail, though Bird scooters are actually advertised to those needing a boost on that “last mile” of their trek or short commute when it’s slightly too long to comfortably walk. They were so popular, the Indianapolis scooter market got competitive when Lime (formerly LimeBike, now in 50 cities globally) launched its Indianapolis scooter share, pricing itself low and muscling its way in to the Hoosier market.

Our injury attorneys in Gary and Munster (who also serve Indianapolis) see the biggest safety fear centering on the fact that scooters are going to be interacting with often crowded downtown traffic. Riders are instructed to use the bicycle lane (staying off sidewalks and roads) and park well clear of public roads (a directive users aren’t strict about following). All this puts riders at risk of an Indiana scooter crash.

A default judgment in an Indiana personal injury lawsuit can occur when there is a failure to take action by one of the involved parties. In most cases, it’s a judgment in favor of the plaintiff (the injured person) when the defendant (the tortfeasor/alleged wrongdoer) has failed to respond to a summons or appear in court. 

This was exactly what occurred in a recent Gary injury lawsuit considered by the Indiana Court of Appeals. The case involved a grocery store injury at the store involving a defective shopping cart.

The appellate court records don’t spell out many details from the original complaint, except that the plaintiff suffered injuries as a result of using a malfunctioning shopping cart at the store. She filed a personal injury lawsuit against the store, alleging they were liable for her injuries on the basis of premises liability.

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