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Shaw Law Offices

General Blog

  • By: Jeffrey Shaw, Esq.
  • Published: August 30, 2019

Faulty stairs, freshly mopped or waxed floors with no visible warnings, ice, snow, cracked sidewalks, spills—there are an infinite number of causes for slip and fall accidents. If you’re moving, a slip and fall injury can happen. Sometimes injuries happen due to our own carelessness, or an error in judgment; we’ve all experienced that terrifying moment when you simply trip over your own feet, drag your feet and stumble, etc. and nearly fall flat on your face. It’s an awful experience, but it’s part of life and it happens. Fortunately, our bodies and brains compensate and coordinate an emergency action, such as a quick step or hand grab, that helps us to avoid the painful fall just in the nick…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: July 14, 2017

Wal-Mart, Inc. will not settle your slip and fall case based upon avoiding bad publicity. It will settle your case if you have a good case with sound evidence presented by capable attorneys, like Shaw Law. We’ve done it before, we can do it for you. It is estimated that Wal-Mart, Inc. operates over 4,500 stores in the United States. In the United States, the company includes Wal-Mart discount stores, Supercenters, Neighborhood Markets, and Landscape-1467130454-sams-club Sam’s Club warehouse membership clubs. Sam’s Clubs are about 655 stores as of 2015. The company also has many international operations. The company operated about 6,300 international Walmart stores in 2015. Wal-Mart, Inc. is the second largest employer of people in the United States. Your…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: July 13, 2017

What once seemed like science fiction is coming and it’s almost here. Google is coming out with a driverless, robotic car that will not have a driver. Rumors are that Apple and other major auto manufacturers will soon have driverless cars. Who knows? Someday it might be illegal to drive your own car. Google and Apple are currently working on software that will be available to the public in the next few years. Tesla automobiles already have autopilot (2 deaths in the Indianapolis area in 2016 have scared some customers, but it won’t stem the tide as Tesla has denied any culpability with the auto-pilot system as being a cause of the crash). These incidents will occur again and again.…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: June 19, 2017

After 30 years of helping injured people get back on their feet, Shaw Law Office has noticed two recurring defenses used by landowners in litigation over and over again: Notice and Notice. Wait, you say, that looks like only one defense, right? How can that be two separate defenses? Well, the answer is simple. A landowner will typically blame the injured person for falling for not noticing the unreasonably dangerous condition of the land himself or herself and/or the landowner will argue that the unreasonably dangerous condition of the land did not exist for a significant period of time preventing it from noticing and correcting the condition itself. In Indiana, all negligence cases involve fault. That means that an injured…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: June 1, 2017

Trick: No. 1: Walmart Created its own Investigation Company — Claim Management, Inc. (CMI) designed to Defeat your Slip and Fall Case or Lower Your Recovery. This company will do whatever it takes to see that you lose your case. They will bend the truth or distort your words. What other company has its own investigatory claims management team? That’s how big Walmart truly is — self-insured and willing to go to extremes to defeat you or discourage you. Trick No. 2: Walmart (through CMI) Wants your Statement. Don’t Give it to Them! This is a slip and fall case. That means it’s going to difficult and tough to win your case even with an attorney. Do not go it…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: June 1, 2017

Trial Rules can be your friend and your opponent’s worst enemy. One of the better trial rules for a slip-and-fall attorney (premises liability) is the Rule 30(b)(6) deposition. Unlike other depositions, the questions are noticed in advance to the responding organization’s attorneys, who must then designate the appropriate witnesses who can give answers (after a dutiful search) to those questions presented. This can result in multiple designees at one setting giving answers to the various questions or it can result in one witness who gathers all the facts into a tidy package. Unfortunately, the Rule 30(b)(6) isn’t often used (for whatever reasons) and defense lawyers are particularly devoid of practical knowledge (probably because they rarely use them due to the…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: April 10, 2017

One of the most common situations in which a person slips and falls is the parking lot or sidewalk or business entrance that was not properly plowed or salted following a snowstorm. The most important concept to remember when trying to prevail on those cases is the facts matter.  Each case can be very different and result in different outcomes. First, the courts recognize a duty under Indiana law for businesses to remove ice and snow from their premises — they just can’t ignore it and wait for warmer weather (Hammond v. Allegretti, 311 N.E.2d 821, 826, Indiana Supreme Court, 1974).  The duty stems from the landowner’s overall duty to exercise “reasonable care” when running a business with regard to…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: March 21, 2017

When I was about 10 years old, my mother forced me to go out for the local baseball team in Fish Lake, Indiana. I much preferred sitting and watching television like Scooby-Doo and eating bowls of Frosted Flakes until I was in a sugar coma.  But, like all dutiful sons, I went to an abandoned corner lot where Mill Creek Elementary School was located (the former high school in the 1950s).  It was a warm May, 1974 Saturday afternoon and a group of about twelve kids stood before the infamous Fish Lake Coach “Inky” Schoof (known as “Stinky Inky” to his contemporaries, he struck fear in the hearts of young boys with his military haircut and abrupt manner of speaking/yelling).…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: March 12, 2017

No landowner — not even Walmart — is automatically required to pay your medical bills until you prove it was their “fault.” Even if you fell upon their land. Indiana law requires that an injured person prove the other business, entity or person was “negligent” first. This means proving that the landowner did not do something a reasonable and prudent landowner would do to keep its land safe or did do something unreasonable compared to other landowners. Now what do you do? See “The 10 Steps You Need to Take to Win Your Case” above. But, the most important of these steps is calling the right attorney. Shaw Law and Attorney Jeff Shaw has handled slip and falls against Walmart…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: March 1, 2017

Suing Walmart is unlike any other Lawsuit. Trick: No. 1:  Walmart Created its own Investigation Company — Claims Management, Inc. (CMI) designed to Defeat your Slip and Fall Case or Lower Your Recovery. This company will do whatever it takes to see that you lose your case.  They will bend the truth or distort your words.  What other company has its own investigatory claims management team? That’s how big Walmart truly is — self-insured and willing to go to extremes to defeat you or discourage you by creating its own claims department. Trick No. 2:  Walmart (through CMI) Wants your Statement Before You Get an Attorney. Don’t Give it to Them! You probably have a slip and fall case if…Read More

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