Indianapolis Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Wal-Mart Sued For Slip & Fall

Chrissie Cole — Tue, 09 Jun 2009 11:54:00 GMT

A Port Arthur woman is suing the retail giant Wal-Mart after allegedly slipping and falling on a puddle of water caused by a leaky roof.

The lawsuit, was filed in Jefferson County District Court against Wal-Mart Stores East Inc., by Valerie Jackson on June 4.

The store was negligent in allowing the rainwater to accumulate, failing to remove the puddle, providing proper lightin in the are and failure to warn of the slippery floor, according to the complaint.

Jackson claims, that due to her fall, she has incurred medical costs and experienced physical pain, suffering, physical impairment and mental anguish.

Jackson is seeking an unspecified judgment within the jurisdictional limits of Jefferson County District Court, plus pre-judgment interest at the maximum rate allowed by law, post-judgment interest at the legal rate, costs and other relief to which she may be entitled.

Originally posted at InjuryBoard by Chrissie Cole

Woman Saves Mail Carrier from Dog Attack

Chrissie Cole — Fri, 28 Mar 2008 01:11:15 GMT

A mail carrier suffered several dog bite wounds when a large breed dog pushed open the back gate and attacked her while she was walking up to deliver mail.

A neighbor, 77, backing out of her driveway heard the mail carrier screaming and was able to use her car to get the dog to stop attacking the woman, saving her from further injury.

I'm so lucky," said the mail carrier, who has been on the job less than two months. "If she hadn't come, I would have been tore up worse than I was."

"I don't want to say I'm traumatized. But I am upset," she said. "When I see a dog now, I get upset and fearful."

The dog owner has been ticketed for allowing her pet to run loose.

Originally posted at InjuryBoard by Chrissie Cole

Indiana Woman Sentenced to Six Years in Pit Bull Attack

Chrissie Cole — Sat, 16 Feb 2008 01:05:32 GMT

A woman who allegedly unleashed her pit bull to attack a man missed her sentencing hearing, Friday. But, the Lake Superior Court Judge still handed down a six-year prison term.

In January she and her co-defendant pleaded guilty to battery, a class C felony that carries a maximum eight year jail term.

The incident occurred when a man came to the home to purchase Xanax. An argument ensued and the co-defendant told the woman to release the dog.

The man suffered bites on both of his arms, his left shoulder and legs. He needed 10 staples to close a cut on his head and the bite wounds became infected, court records state.

Originally posted at InjuryBoard by Chrissie Cole

Family to Sue Police Department Over Dog Bite

Chrissie Cole — Mon, 19 Nov 2007 02:23:11 GMT

The family of a man who suffered a dog bite when he was bit by an Evansville Police Department K-9 during an arrest, is planning to sue the police department.

The man, 33, is facing misdemeanor charges for failure to appear and is being held at Vanderburgh County Jail for a parole violation for missing a parole check in meeting.

Officials say he jumped out of a window when officers arrived and was found a short time after hiding in bushes nearby, when he was bit on the back of his head and on his right leg by a K-9 dog.

The man alleges the arrest happened differently. He admits to jumping out the window, but claims he approached the police but was told to step aside. He sat down on a trampoline in the next yard and was not trying to escape when the K-9 discovered him and bit him on the head. The dog bite to the leg didn't come until after he was handcuffed and held by officers.

"I was already handcuffed and they just let the dog latch onto my leg," VanHorn said during an interview at the jail. "I don't understand why they allowed the dog to chew on me like that."

Rarick, his mother, said she has already met with an attorney who agreed to take on the lawsuit, she too can't understand the police explanation.

"Even if it was someone who harmed somebody in my family, I don't think they have the right to have it attack someone's face or head -- especially if they already have him in custody," she said. "Nobody deserves that."

Originally posted at InjuryBoard by Chrissie Cole

Family Labrador Bites Child on Eyelid

Chrissie Cole — Tue, 25 Sep 2007 17:15:54 GMT

A one-year-old boy suffered a dog bite to his eye, this weekend when the family Labrador turned on him while they were in the backyard, according to Overland Park Police.

Neighbors told officials they were shocked that the dog bit the child. The dog has never been a problem or aggressive prior to this incident.

"I don't expect that out of a lab. I know labs, I know dogs; absolutely not. He's always been a friendly dog, always came on command, if he ever called the dog. So I'm just totally shocked," said a neighbor.

The child was treated and released from the hospital. The dog bite did not cause permanent injury to his eye. The dog is being held by Animal Control while the investigation is complete.

If you or a loved one has suffered injury from a dog bite, please visit our section on Dog Bites for more information.

Originally posted at InjuryBoard by Chrissie Cole

Governor Bit by Dog While Visiting Bloomington Farm

Christina Cole — Tue, 12 Jun 2007 01:20:46 GMT

After unintentionally startling a dog with his Harley-Davidson, Governor Mitch Daniels, was bitten on the leg at a farm outside Bloomington. Thankfully, the dog bite was minor and did not require stitches, said the Governor's spokeswoman.

At this time there are no plans to euthanize the dog. The Governor referred to the incident as "just one of those little hazards of traveling through Indiana."

The wound, he said, "bled for a while" and prompted him to get a precautionary tetanus shot Thursday morning when he went to breakfast.

He reconciled with the dog. The governor and the dog are both fine. It's over and all is well.

Originally posted at InjuryBoard by Christina Cole

Lawyer Suing Couple for Dog Bite to Nipple

Christina Cole — Mon, 28 May 2007 11:56:57 GMT

A Fort Lauderdale attorney, William R. Cohen, is suing a Boca Raton family for $1 million, because he alleges their dog bit his left nipple and he's experiencing "loss of sexual desire and comfort" from the dog bite.

On March 31, Steven Bushouse took his two-year-old Jack Russell terrier to the dog park. The terrier got into an altercation with some of the other dogs at the dog park.

According to Bushouse, Cohen grabbed his terrier by surprise and the dog instinctively bit him on his left nipple. Bushouse said Cohen didn't appear to be seriously injured and there wasn't any blood on his shirt. They told Cohen that their dog had been vaccinated and they exchanged information.

Cohen is now suing Bushouse claiming he needs compensation for medical treatment, loss of income and for general damages for pain, suffering and physical disfigurement.

Cohen claims the dog bit him without warning and that the dog had a prior habit of "viciously biting humans," although Cohen had never had previous contact with the dog. The Bushouse's contend Cohen grabbed the dog by surprise and that is why he snapped, he has never previously bitten anyone.

Originally posted at InjuryBoard by Christina Cole

Dog Owner Facing Charges

Christina Cole — Sun, 11 Feb 2007 02:11:31 GMT

Indiana State Law states, when a dog bites, the owner is responsible. Even if the dog is not on the owner's property at the time of the bite and even if the dog owner is unaware, he is still responsible.

Fort Wayne Animal Care and Control says "the responsibility ultimately falls on the owner, regardless of what the dog did why he did while off his property at the time of a bite."

That is what happened to a six-year-old boy. He got home from school to find his neighbor's two Rottweilers in his yard after they had broke free from the barn they were kept.

The dog attacked the boys face, leaving him with many stitches. The dog also bit the boy's sister as she tried to get the dog off her brother.

The Steuben County Sheriff told NewsChannel 15 that the county dog ordinance wasn't broken. It says dogs have to be restrained, but Sheriff Richard Lewis said the dogs were restrained in the barn, they just escaped. The Steuben County prosecutor reviewed the case and decided there were no charges to be filed.
Lewis disagrees. She says in the very least, the dogs owner should face a Class C infraction. State law reads, "It is a Class C infraction for an owner to allow his dog to stray beyond his premises."
Lewis said even if the owner didn't know the dogs got out of the barn, he is still held accountable for what the dog does.

Originally posted at InjuryBoard by Christina Cole

Supreme Court Refuses Dog-Bite Appeal

Christina Cole — Wed, 17 Jan 2007 02:04:45 GMT

The Supreme Court refused to consider the case of a bystander that suffered a dog bite from a police dog as the officers tried to track down a suspect. Lawyers for the city of Kennewick, Washington, and other officers asked the justices to take the case. Their hope was to overturn lower court rulings that authorities had engaged in an unconstitutional seizure when the dog bit the man.

Police were using the dog to hunt down a motorcycle suspect who failed to stop and eluded the police on foot. When trying to find the motorcyclist, police had let the dog off of the leash. The dog unexpectedly ran forward and found Rogers on the other side of the fence.

"The situation was unfortunate and simply and accident," said the lawyers for the town in court papers. The officers argue there was no Fourth Amendment seizure because they had not intended to seize Rogers. The lower court decisions would then hold all police dog handlers constitutionally liable for the action of any police dog while off the leash, said town court papers.

Originally posted at InjuryBoard by Christina Cole

Negligent Security Law

Jason Reese — Wed, 01 Nov 2006 21:25:48 GMT

Many states differ on when a landowner may be held liable for negligent or inadequate security. Crime victims may be subjected to rape, sexual assault, murdern, or shooting. Propert owners have a legal duty to provide a reasonable safe premises for customers and the public. Indiana law requires landowners to take steps to prevent reasonably foreseeable acts of third-parties when they know or should know that cirminal activity has occurred on the premises.

Security Trade Practices--Do Not Establish Legal
Standard of Care
Allen v. Ramada Inn, Inc., 778 P.2d 291 (Colo. 1989)
Allen was a guest at a motel where she occupied a garden-level room. An intruder apparently entered her room through a window from which security bars had been removed and raped the plaintiff. The motel was allegedly in a high crime area and no window stops were placed on the windows.
During trial, the defense introduced testimony concerning the security measures and features of other hotels within the city. Plaintiff did not contest the introduction of this information but asked that a jury instruction be included stating that local security trade practices do not establish the legal standard of care. The trial judge declined to include the instruction and was subsequently reversed on appeal.
Liability Significance: The notion that if the adjacent property has a particular type of protection, so therefore I must have identical protection, is incorrect. The legal standard of care is the totality of the security measures and not any one specific measure.

Originally posted at InjuryBoard by Jason Reese