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Slip and Fall

  • 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: May 2, 2019

Combine the yeast and 2 cups warm water in a mixing bowl and stir to dissolve. Add the butter, sugar and salt. Use a wooden spoon to stir in one-third of the flour until smooth. Add another third of the flour and stir, then turn it out onto a floured board to knead. Knead it over 15 minutes, adding the rest of the flour as you knead. Don’t let it get dry too fast; it should stay sticky. Put the dough in a buttered bowl and cover with plastic wrap. Let it rise for 1 hour. Knead the dough another 5 minutes, place it back in the bowl and let it rise another hour. Butter 2 loaf pans. Shape the…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: March 14, 2019

The answer is “sort of.” While this answer might not satisfy those people who require a simple “yes” or “no” answer to tough questions, let me try to explain Indiana premises liability case law. In order to prevail on a slip and fall case in Indiana, the injured person must prove: (1) a hazardous condition on the property caused the fall; and (2) the defendant had “notice” of the hazard. This might sound easy to understand, but it can prove to be difficult to the person who is not comfortable with interpretation of law. Being able to prove these two essential elements is required to move your lawsuit in front of a jury for deliberation. Frequently, a defendant landowner’s attorney…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: March 6, 2019

One of the common complaints about lawyers by the public is that “legalese” makes it impossible to understand the clear intent of parties to a contract. The public believes that “magic language” exists in contracts and that failure to comply with makes a contract invalid or a will have no effect. This type of belief is not good for the legal justice system. There is a movement to make the law more accessible for the public at large. For example, jury instructions are being modified to “clear language” for jurors. Small claims courts do not require an attorney to represent a party. And there is more. But, there are times when strict adherence to precise language is still necessary for…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: December 16, 2018

Although the title of this blog post might seem ridiculous at first blush, I’m personally surprised that businesses who invite customers upon their land for products or services have not tried to sneak “waivers of liability” into receipts…yet. And, as you can see from my photo above, I spend a lot more time at McDonald’s than I do at a local gym. Keep reading…you’ll see why that’s important below in our 3-part series on Exculpatory Clauses under Indiana law. First, let’s examine Indiana law with regard to whether individuals can “waive” or “forfeit” the right to sue a landowner for accidents that occur on that property that injure others. These waivers are called “exculpatory clauses” under Indiana law and under…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: October 5, 2018

Not very often. But, automatic exclusion by a Judge is not always the right legal ruling. Usually this topic comes up when clients ask if I can mention other similar trips or falls on the defendant’s property that occurred before our incident at an upcoming trial. The most common situation involves “another fall” involving a different person who fell on the same day — often overheard by my client from store employees. When I try to explain that other falls and prior incidents are difficult to allow a jury to hear, I am often met with quizzical looks from my clients. I try to explain the success of being able to mention a prior slip and fall to a jury…Read More

  • By: Jeffrey Shaw, Esq.
  • Published: July 23, 2017

When It Comes To Unpaid Medical Bills, An Injured Person Can Feel Victimized A Second Time. One of the most common complaints received from clients concerns unpaid medical bills while a case is pending. I remind clients that until and unless you prove your case of negligence against a wrongdoer in a court of law, the medical providers have a right to be paid for the medical services they provided you. This includes the right to seek collection of the unpaid medical expenses associated with your treatment. Remember, those medical professionals provided a service — treatment of your injuries. And they were not a participant in the incident that caused your injuries. Consequently, they have a contractual right to seek…Read More

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