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Monthly Archives: October 2025

SnowRemovalLot

What Is an Indiana Property Owner’s Obligation to Remove Snow From Its Parking Lot?

By Whitfield Crosby & Flynn |

A common problem faced by slip-and-fall accident victims is the need to prove that the property owner had “constructive knowledge” of whatever it was that caused the victim to fall in the first place. For example, let’s say you slip and fall on an icy sidewalk outside the supermarket. The supermarket owner is only… Read More »

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Beer

Is a Kentucky Fraternity Liable If Someone Dies from Binge Drinking?

By Whitfield Crosby & Flynn |

According to the Centers for Disease Control and Prevention, about 178,000 people die in the United States each year due to “excessive drinking.” About one-third of those deaths are from binge drinking. And not surprisingly, many of those binge drinking deaths involve college students, who often consume alcohol to excess at social gatherings like… Read More »

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Settlement_

How Do You Divide the Proceeds of a Kentucky Wrongful Death Settlement Among Multiple Claimants?

By Whitfield Crosby & Flynn |

A wrongful death lawsuit is a statutory personal injury claim brought by the personal representative of the victim’s estate to recover financial compensation on behalf of the surviving family members. Under Kentucky’s wrongful death law, if the victim left both a surviving spouse and children (or other descendants), the amount of any wrongful death… Read More »

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TruckDamaged

The Difference Between “Negligence” and “Gross Negligence” in Indiana Personal Injury Cases

By Whitfield Crosby & Flynn |

To win a personal injury case in Indiana, or any other state, you need to prove that the defendant was somehow “negligence.” Ordinary negligence means the defendant violated some duty of care owed to the plaintiff by law. A simple example would be a driver who runs a stop sign and causes an accident… Read More »

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Spinal Cord Injury

How Comparative Fault Works in a Tennessee Personal Injury Case

By Whitfield Crosby & Flynn |

Like many states, Tennessee follows a “modified comparative fault” rule in personal injury cases. Also called comparative negligence, this is what is known as an affirmative defense. Basically, if you sue a defendant for causing an accident that injured you, the defense can respond by arguing that someone else (either you or a third… Read More »

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ManWalking

Indiana Supreme Court Reinstates $6 Million Jury Verdict in Fatal Bus Accident Lawsuit

By Whitfield Crosby & Flynn |

In a case where a bus strikes and kills a pedestrian, you might assume the bus driver is automatically at fault. But as with all personal injury matters, the legal reality is often not quite that black-and-white. Most states follow some form of “comparative fault” or “comparative negligence” rule in personal injury cases. This… Read More »

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NursingHomeNeglect

Can You Legally Sign Away Your Spouse’s Right to Sue a Kentucky Nursing Home for Abuse or Neglect?

By Whitfield Crosby & Flynn |

Nursing homes in Kentucky often require residents to sign lengthy admissions contracts that include binding arbitration clauses. Essentially, these clauses take away a resident’s right to sue the nursing home if they are the victim of abuse or neglect while at the facility. Instead, any disputes are submitted to binding arbitration, where plaintiffs often… Read More »

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Pills

Could an Addiction to Pain Medication Affect Your Kentucky Truck Accident Lawsuit?

By Whitfield Crosby & Flynn |

It is no secret that truck accidents often result in serious, life-threatening injuries to the victims, many of whom were driving or riding in smaller vehicles with few protections against the weight of an 80,000-pound tractor-trailer. It is also a sad truth that these victims often become addicted to pain medication as they struggle… Read More »

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