Slip and Fall Accidents Raise Common Questions

Karpe Litigation Group

The CDC estimates 3 million older adults are treated in emergency rooms each year for fall injuries. People over the age of 55 account for the largest amount of falls, with those over 65 accounting for the largest number of fatalities.

slip and fall lawyer

While visiting your local grocery store, you slip on a freshly mopped patch of flooring and tumble to the ground. Your injuries can be substantial – broken bones, spinal injuries or a concussion. Is the store responsible for your medical bills, lost wages and other expenses while you recover?

Locations and Causes of Slip and Fall Accidents

Many slip and fall cases involve private property or places of business, although other locations and causes can also result in a premises liability claim. We’ve identified the most common locations and causes of slip and fall accidents:

  • Office buildings
  • Grocery stores and supermarkets
  • Schools
  • Parking lots and ramps
  • Amusement or recreational parks
  • Department stores and shopping malls
  • Motels and hotels
  • Icy, wet and slippery floors or surfaces
  • Inadequate lighting
  • Uneven or broken pavement in walkways
  • Elevators and escalators
  • Falling merchandise
  • Inadequate security

The Older You Get, The More Likely You Are to Slip and Fall

Slip and fall accidents affect everyone, but we know the older you get the more likely you will be involved in a slip and fall. People over the age of 55 account for the largest amount of falls, with those over 65 accounting for the largest number of fatalities.

The CDC reports 3 million older adults are treated in emergency rooms each year for fall injuries. By 2030, an estimated 74 million people will be affected, resulting in 12 million injuries, according to the CDC’s STEADI Initiative (Stopping Elderly Accidents, Deaths & Injuries).

CDC slip and fall statistics

Common Questions Regarding Slip and Fall Injuries

If you or a loved one are involved in a slip and fall accident and sustain injuries, you have questions. These are some of the most common questions our clients have:

Who is responsible for a slip and fall injury?

There is no set way to determine premises liability for a slip and fall accident. The main determination centers on proving the accident is the result of a “dangerous condition.” The owner of the property must be shown to have known about the existing condition and you, as the injured party, would not have anticipated an unreasonable risk.

In order to establish the owner of the property knew of a dangerous condition, it must be shown that the owner created the condition, or it must be shown the owner knew of the condition and negligently failed to correct it. An owner can also be found liable for a condition that existed for a long enough period of time that it can reasonably be expected that the condition would be identified and remedied.

For example, if a bottle of olive oil falls and spills in a grocery store and by the next day no one has cleaned up the spill, anyone who slips and falls can reasonably claim that the grocery store should have noticed and cleaned the spill and is therefore negligent.

How much is a slip and fall claim worth?

While it’s natural to want to know how much money your claim is worth, there are many different factors that must be investigated before determining what your claim is potentially worth. While it’s understandable that piling medical bills makes an individual anxious to settle the case quickly, it is actually in your best interest not to take a quick settlement from an insurance company. Let the professional team of attorneys at Karpe Litigation Group work to make sure you receive the best settlement.

There are many factors that may not be known at the time of the accident that can affect the worth of the claim. Strains on personal life, psychological trauma and ongoing medical treatment may present after the initial injury, all of which can affect the final claim amount.

Is it difficult to win a case against a store?

While the factors of each case are different, stores have a responsibility to keep floors clean and conditions safe for their customers. Employees are required to make routine inspections in order to provide a safe shopping experience. If it can be shown that a store owner was aware of a potentially dangerous condition, or if it can be shown that the condition existed long enough that it should have been discovered and remedied, then a store can be found liable.

In fact, big box stores typically give out bigger settlements because they can afford the kind of insurance to cover such claims. A 41-year-old truck driver who experienced a slip and fall on some grease in a Denver Walmart received $10 million in a State Supreme Court settlement.

Should I fill out an accident report at the time of the accident?

Yes, ideally you should fill out a report at the time of the accident, including a description of the circumstances, who was present and any statements from witnesses. It is important to collect as much evidence as possible soon after the incident in order to make a stronger case. If possible, take photographs of the scene of the accident, noting the location of any dangerous condition, lighting, and other relevant information.

Also read:- Benefits of Hiring an Indiana Slip and Fall Accident Attorney

How is security related to premises liability?

Property owners are legally required to provide a safe environment for employees and customers. Premises liability cases can be brought for injuries due to lack of security, inadequate security, improper security or negligent security. Our knowledgeable staff of attorneys can win you compensation for medical bills, pain and suffering, lost wages or emotional trauma.

Who is liable for injuries involving city sidewalks?

Many states have statutes protecting government entities from liability for injuries on public sidewalks. In states that do not have such statutes, it is possible to recover damages from the city in cases where it can be established that the municipality did not meet their required duty to keep streets and sidewalks in repair.

Personal Attention from Professional Attorneys

If you or someone you love needs a lawyer experienced in premises liability, talk with a top-rated Indianapolis personal injury attorney at Karpe Litigation Group today. We are experts in injury law, winning the most challenging cases and helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.

The Dangers of Fatigued Driving for Hoosiers

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Do you know that driving while drowsy or fatigued is just as dangerous as drinking and driving? Find out why fatigued driving or falling asleep at the wheel accounts for 29.3% of serious injury collisions in Indiana a year -those with at least one fatal or incapacitating injury.

dangerous driving habits

If you are like most Americans, you don’t get enough sleep. A quick cup of morning coffee and you are out on the road, along with hundreds of other sleepy motorists. This scenario is putting you (and the drivers around you) in a dangerous situation each and every day.

The National Highway Traffic Safety Administration estimates that each year, over 100,000 police-reported crashes involve drowsy driving. In 2015 alone, an estimated 5,000 people died in crashes where drowsy driving is the culprit, according to a Governors Highway Safety Association (GHSA) report.

We know fatigued driving affects everyone on the road, both drivers and passengers. In Indiana, drowsy driving is classified as impaired driving, which falls under the greater umbrella of distracted driving, accounting for the largest percentage of the majority of accidents and injuries each year.

A recent report examining Hoosier driving behavior notes that drivers’ unsafe actions are the primary cause of crashes, resulting in 111,298 accidents. Indiana State Police finds fatigued driving or falling asleep at the wheel accounts for 29.3% of these serious injury collisions -those with at least one fatal or incapacitating injury.

Why Drowsy Driving Is Impaired Driving

GHSA research shows nearly 83.6 million people are sleep deprived in the workplace, at school and on the road. Why is drowsy driving considered impaired driving? Consider this:

  • fatigue slows reaction time
  • drowsiness impairs situational awareness and judgment
  • fatigue increases risk-taking and lapses of attention
  • driving while drowsy or fatigued is just as dangerous as drinking and driving

We regularly see how all of these factors have extremely detrimental effects on the driver’s ability to control a vehicle, accounting for more than 71,000 injuries each year. According to the National Safety Council, fatigue-related crashes involving fatalities or injuries cost society $109 billion each year.

Drowsy Driving and Indiana Law

In Indiana, laws intended to discourage drowsy driving generally concentrate on the connection between fatigued driving and alcohol consumption. These measures have saved lives and money in Indianapolis and the surrounding areas.

  • Administrative License Revocation – These laws allow police and driver license authorities to automatically revoke a person’s license for refusing or failing a BAC test (blood alcohol test).
  • Zero Tolerance Laws – In Indiana, it is illegal for individuals under the age of 21 to drive with a positive BAC. It is estimated that these laws have reduced impaired-driving fatalities by 4%.
  • .08 BAC Law – By lowering the BAC limit to .08, impaired driving fatalities have reduced by 7%.
  • Graduated Licensing – Young drivers must demonstrate responsible driving habits to advance between the three-stage licensing program from a learner’s permit, to an intermediate or provisional license, to full licensure.

Drivers More Likely To Be Fatigued

A majority of drowsy drivers fall into a short list of categories. These include:

  • Drivers who do not get enough sleep
  • Commercial drivers who operate vehicles such as semi-trucks, tow trucks and buses
  • Shift workers, especially those working a night shift or swing shift
  • Drivers with sleep disorders, such as sleep apnea
  • Drivers who use medications that treat sleeplessness or insomnia

Be Aware of the Warning Signs of Fatigued Driving

If you are experiencing any of these signs, it is crucial that you get off the road and stop driving:

  • Yawning or blinking frequently
  • Difficulty remembering the past few miles driven
  • Missing your exit
  • Drifting from your lane
  • Hitting a rumble strip on the side of the road
  • Falling asleep, even for a moment

Take Step to Dodge Drowsy Driving

The best way to ensure that you are not the cause of a drowsy driving accident is to avoid driving drowsy in the first place. The National Highway Traffic Safety Administration offers this advice:

  • The only true way to avoid drowsy driving is to get enough sleep. Experts urge the public to get at least seven to eight hours of sleep each night.
  • Make sure to get a good night’s sleep before getting behind the wheel for a long car trip.= or any kind.
  • Teenagers are especially vulnerable to drowsy driving as they typically don’t get enough sleep at a time when they biologically need more sleep than adults. Encourage your teens to get enough sleep before operating a vehicle.
  • Do not drink alcohol before driving. Alcohol increases drowsiness and impairs motor coordination.
  • Read your prescription labels. Most labels include information on whether or not the medication can cause drowsiness.
  • Try to avoid the peak fatigue times of midnight to 6:00 am and late afternoon.

Interventions for Drowsy Driving

While everyone should follow steps to avoid drowsy driving, it is also necessary to put interventions in place. We know this is especially true for male drivers under the age of 25, who make up an estimated 50% of drowsy driving crashes. Initiatives to consider:

  • Crash avoidance technologies – Safety technologies, both existing and planned, include drowsiness alert and lane departure warnings. These technologies can detect patterns of drowsy driving and warn drivers to stay in their lane or take a break.
  • University interventions – As college students represent a major portion of the under 25 driving demographic, education programs created for students may help raise awareness of drowsy driving issues. College students receive less sleep with some estimates at less than six hours a night. Educating these students now helps build better behaviors that will last into adulthood.
  • Workplace education – Employers with strong health and safety programs, both on and off the job, can contribute to employees getting sufficient information on the dangers of fatigued driving.

Personal Attention from Professional Attorneys

If you believe you or a loved one has been the victim of a drowsy driving accident, talk to the professional attorneys at Karpe Litigation Group today. We are experts in auto accident law, winning the most challenging cases and helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.

Buckle up, Indiana! Click It or Ticket Raises Seat Belt Awareness

Wearing a seat belt not only protects drivers and passengers, this Indiana law saves Hoosier lives.

click it or ticket

Police are out in increased numbers to enforce Indiana’s mandatory seat belt laws. Participating in the national Click It or Ticket campaign, Indiana law enforcement is working overtime, giving citations to drivers who fail to wear seat belts while driving or riding in vehicles.

The overtime pay for officers is covered by a grant from the National Highway Traffic Safety Administration. Over 230 law enforcement agencies in Indiana participate in the annual campaign, patrolling day and night to bring awareness of seat belt safety to drivers and passengers, both in front seats and in the back.

Seat Belts Save Hoosiers

Seat belts protect drivers and passengers, even in non-serious crashes. “These are crashes that, when you look at the vehicle, you think someone maybe got a little banged up, and then you find out they were killed because they got ejected,” Indiana State Police Captain Dave Bursten tells local Indianapolis radio station WIBC. “No one plans on being in a crash. But crashes happen. And once the crash happens, you can’t freeze-frame and put your seat belt on to protect yourself. You do that by putting it on as soon as you get in the car before you pull out to drive.”

Seat Belts Decrease the Likelihood of Death

Drivers of cars and SUVs who are unrestrained by seat belts are 10 times more likely to die in a crash than those wearing a seat belt. The number rises to 14 times more likely for drivers of pick-up trucks and 15 times more likely for drivers of vans.

Lt. Jefferey Paine of the Indiana State Police tells local Indianapolis news station WTHR, “It is absolutely heartbreaking to see the aftermath of a crash where a fatality could have been prevented by wearing a seat belt. Click It or Ticket is more than an enforcement campaign, it is an educational effort to increase seat belt use and decrease fatal crashes.”

Younger Male Drivers More At Risk

Male drivers aged 15 to 44, especially those under 25, are most likely to not be wearing a seatbelt at the time of a crash, according to State Police. Injury rates for unrestrained drivers and passengers are also higher:

  • in rural counties
  • when a driver is speeding or impaired
  • on weekend nights between the hours of 11:00 pm and 4:00 am

In fact, Indiana motorists are more likely to suffer property damage, injuries or death from a traffic accident than to experience a burglary, to be the victim of a violent crime or to be murdered.

seatbelt statistics

Click It or Ticket Through the Years

Prior to 1980, seat belt usage in the United States averages about 11%. In 1980, small campaigns to increase seat belt usage begin to pop up. Individual organizations, public education programs, incentives and policy changes work to change perceptions. However, without any actual laws on the books, these efforts only make a slight difference. By 1984, seat belt usage only climbs four percentage points.

New York becomes the first state to enact mandatory seat belt laws in 1984 and by 1990 an additional 37 states have seat belt laws on the books. At the time, most of these states have “secondary seat belt laws,” meaning an officer would first have to have pulled over a vehicle for another violation before citing the lack of seat belt use. Even so, the national rate of seat belt usage climbs from 15% to 50%.

The Click It or Ticket campaign begins as a statewide effort in 1993 when North Carolina Governor Jim Hunt launches it in conjunction with a “primary enforcement safety belt law,” which allows officers to issue seat belt citations without first observing another offense. Other states follow and in 2002 the National Highway Transportation Safety Administration starts the first national campaign.

Enforcing for Safety

The campaign has been deemed a success by its backers. The U.S. Department of Transportation releases a statement in May 2003, “National belt use among young men and women ages 16-24 moved from 65% to 72%, and 73% to 80% respectively, while belt use in the overall population increased from 75% to 79%.”

In 2018, the 230 agencies involved with enforcing the Click It or Ticket campaign in Indiana put in nearly 29,000 hours of overtime to crack down on seat belt violations and write 32,000 citations and warnings.

Make Sure You are Properly Buckled

Indiana State Police provides reminders on how to properly “buckle up”:

  • Secure the lap belt across your hips and pelvis, below your stomach.
  • Place the shoulder belt across the middle of your chest and rib cage, away from your neck.
  • Never put the shoulder belt behind your back or under an arm.
  • If your seat belt doesn’t fit you, or you have an older car with lap belts only, ask your dealer or vehicle manufacturer about seat-belt adjusters, extenders or retrofits.

Senior Trooper Nick Klinghammer of the Indiana State Police tells local Indianapolis station RTV6, “Most times you’re involved in a crash, it’s within five to10 miles of your house, so hopefully we prevented something here. If you don’t click it, you’ll get a ticket.”

Personal Attention from Professional Attorneys

If you have been involved with a seat belt violation, talk to the professional attorneys at Karpe Litigation Group today. We are experts in auto accident law, winning the most challenging cases and helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.

More Indianapolis Drivers Leaving the Scene of Auto Accidents

Karpe Litigation Group

In 2007, four hit and run auto accidents claim a person’s life in Marion County. By 2016, that number jumps to 20 – and continues to rise.

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On a Friday night in May 2019, a man is killed on the near west side of Indianapolis. According to Indianapolis Metro Police, a dark-colored passenger car slams into his Ford F-150 while he is likely lying underneath, working on the pickup outside of his home on West Michigan Avenue.

The driver of the car takes off on foot and the man, unidentified and transported to Eskenazi Hospital in critical condition, is pronounced dead on arrival. Neighbors express surprise that someone would be working underneath a vehicle on this very busy road, particularly after dark.

Hit and run auto accidents such as this are not only tragic, they are all too common – especially here in Indianapolis where reports of drivers leaving the scene of auto accidents continue to rise.

More Hit and Run Investigations

Three Injured on the Near East Side. Fox 59 reports in April 2019 on a hit and run accident that causes serious bodily injury to three unnamed adults. The incident involves three vehicles and occurs around 3:40 A.M. at E. 38th Street and Arquette Drive. Police are still searching for the suspect, who was driving a green 2001 Chevrolet Silverado, according to witnesses at the scene.

11-Year-Old Girl Injured. An accident on the eastside of Indianapolis leaves police searching for the driver, according to RTV6. Rickonna Dixson and her 11-year-old daughter are waiting on East Pleasant Run Parkway North Drive to turn into the Kroger at the Twin Aire Shopping Center. Rickonna recalls looking in her rearview mirror and seeing a truck she thinks is moving too fast. When that truck slams into her, the impact is so hard it pushes her into oncoming traffic where she is struck by a van.

“When we were hit, all I could think about was my daughter in the back seat,” Rickonna says. “It’s a miracle, really a miracle, that my daughter made it. She has half of her ear missing. My car is totaled.” Police are still looking for the driver of the 1997 black Dodge Ram that hits them.

Leaving the Scene of An Indianapolis Auto Accident Costs More

A Fox 59 investigation finds a sharp increase in the number of hit and run car accidents after analyzing crash reports obtained from the Indianapolis Metro Police Department (IMPD). “In 2016, there were 5,049 hit and runs reported to IMPD; 543 of them involved injuries. The next year, that number jumped to 5,539 hit and run reports. The number of injuries jumped as well, to 594. By October of 2018, IMPD had already written up 4,236 hit and run reports with 398 of those reports involving injuries.”

In the face of more hit and run accidents than ever, Indiana Governor Eric Holcomb recently signed a bill into law creating more serious penalties for drivers who leave the scene of a crash. Now, a hit and run that results in a fatality is considered to be a Level 5 felony. Before, drivers thought they would see more leniency in sentencing after leaving the scene. Today, the law clearly states that running will result in a more serious punishment.

14 Hit-and-Run Accidents a Day in Marion County? The Number Is Rising

Analyzing data records for Marion County, a noticeable spike in the total number of hit-and-run incidents is revealed. In 2007 there were a total of 5,315 hit and run accidents reported, and that number stays pretty consistent for the next seven years.

The total number jumped in 2015 to 6,016, then 7,603 in 2016 and 7,038 in 2017. That’s a 117% increase in the total number of accidents from 2014-2015 and a 126% increase from 2015-2016.

Even in the year with the lowest number of incidents (4,908 in 2011), there is still an average of 14 hit and run accidents per day. And that number appears to be on the rise.

indianapolis car accident

Reasons Drivers Leave the Scene of An Auto Accident

Why would someone leave the scene of an accident? After all, it’s unlawful and irresponsible, not to mention inhumane. The most common reasons include:

  • The driver has legal problems unrelated to the crash and does not want to have to deal with the police when they come to investigate
  • There is a warrant for the driver’s arrest
  • The driver is drunk or high
  • The driver does not have a driver’s license
  • The driver does not have current auto insurance
  • The driver is experiencing an emergency
  • Simple fear or panic

Hit-and-Runs Resulting in Injury

Fortunately, most hit and run accidents do not cause personal injury. There can still be great cost associated with a hit and run, including property damage and emotional distress. Even just focusing on the number of accidents with injury, the number is rising along with the number of total accidents.

For instance, in 2007 there were 624 hit and run accidents resulting in injury. The numbers hover around that until 2016, when they jump to 801. Then, in 2017, the number drops back slightly to 741. There was a 116% increase from 2014 to 2015 and a 129% increase from 2015 to 2016.

Hit-and-Runs Resulting in Death

The most shocking jump in numbers when analyzing the Marion County data is the number of hit and run accidents resulting in death. In 2007, only four hit-and-run auto accidents claimed a person’s life. By 2014 that number jumped to 14 and then jumped to 20 in both 2015 and 2016. In fact, of the 120 fatal hit and run accidents over the past 11 years, nearly half (45.83%) occurred in the last three years.

At Karpe Litigation, we’re all too familiar with the pain and suffering that can be caused by a hit and run auto accident. If you should ever find yourself in a situation where you have caused an accident, make sure to remain on the scene.

Personal Attention from Professional Attorneys

If you are a victim of a hit and run auto accident, talk to the professional attorneys at Karpe Litigation Group today. We are experts in auto accident law, winning the most challenging cases and helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.

The Truth About Slip and Fall Injury Cases

Karpe Litigation Group

Slips and falls are the leading cause of workers’ compensation claims for people aged 55 years and older.

personal injury cases

Recently in Woodbridge, New Jersey, Alexander Goldinsky, a 57-year-old independent contractor, enters an otherwise empty break room in a building where he is working. He takes ice and spreads it all over the floor, then sprawls himself on the iced surface and waits … until someone discovers him on the floor. Later, he files an insurance claim to cover ambulance services and treatment he receives for injuries he says he sustained during the fall.

Luckily, video surveillance records Mr. Goldinsky faking his slip and fall, prompting local law enforcement officials to arrest him in January 2019 and charged with one count of insurance fraud in the third degree and one count of theft by deception in the third degree for fraudulently filing an insurance claim. Middlesex County Prosecutor Andrew Carey says in a statement, “Fraudulent claims cost everyone and we will aggressively prosecute those who illegally manipulate the system.”

Unfortunately, not all slip and fall cases are as cut-and-dry as Mr. Goldinsky’s case. The truth about slips and falls? They are the leading cause of workers’ compensation claims as well as occupational injury for people aged 55 years and older, according to the National Floor Safety Institute (NFSI). Slips and falls are also the reason for the largest number of lost work days.

Factors That Constitute a Slip and Fall Injury Case

While Mr. Goldinsky clearly tries a scam to collect insurance money, many legitimate cases of slip and fall injury do occur. NFSI statistics show slips and falls account for over 1 million of the more than 8 million emergency room visits each year where falls are the cause.

A “slip and fall case” is a type of personal injury lawsuit where a person slips and falls on another person’s property. A wider definition of this is a “premises liability claim” where the owner of the property is liable for the injury due to the expectation that they maintain a reasonably safe environment.

Premises Liability in Indiana

Any personal injury sustained on someone else’s property constitutes a premises liability. Property owners are expected to protect against unreasonable harm. The extent of this liability depends on person who is injured:

  1. People who are invited guests, such as store patrons
  2. A trespasser who is not invited
  3. A licensee, who has permission to be there, but is there for their own reasons

lost work days

Examples of Premises Liability

According to the law, an individual may be injured on someone else’s property in a number of ways, constituting a premises liability. Some examples include:

  • Injuries on a construction site, particularly when the injured parties are not workers
  • Falling trees and the injuries they cause
  • Lack of security, including lights and cameras, that results in an assault from a third party
  • Drownings in pools
  • Injuries as a result of things falling from shelves
  • Slip and fall injuries caused by standing water, ice or snow
  • Slip and fall injuries caused by uneven ground or flooring and poor building upkeep
  • Injuries due to defective staircases or decks
  • Hidden extension cords or high door thresholds and the injuries they cause

The Legal Results of Slip and Fall Injury Cases

What would motivate Mr. Goldinsky to pull such a scam in that break room? Slip and fall injuries have the potential for huge compensation when such cases go to trial. A case in Honolulu awarded Ernie Verdugo $2 million in general damages and another $144,000 for special damages after Mr. Verdugo slips and falls in the Mai Tai bar. The exit path was blocked by a crowd of people and the tile floor in the bar was covered with beer. Another case in Colorado awarded a trucker $10 million for injuries sustained in a Walmart involving a grease spill (big box retail stores tend to have higher settlements because their insurance coverage gives them the means to pay what the case is worth.)

If you are injured in a slip and fall incident, you may be entitled to sue for damages that include:

  • Medical expenses
  • Lost wages
  • Permanent disability and loss of earning capacity
  • Pain and suffering

The Importance of Notice in a Slip and Fall Case

If you are injured in a slip and fall case, it will be important for you to understand “notice.” It is up to you, as the injured party, and your attorney to prove that some kind of duty, or notice, was owed to the injured party.

You must also establish that the owner of the property knew, or should have known, about the dangerous situation that resulted in the injury. A judge may make his decision on whether or not to hear the case based solely on this notice. For this reason, it is important to take certain steps if you are involved in a slip and fall injury.

For instance, in the case of Austin v. Walgreen Co, Northwestern Indiana resident Robin Austin failed to prove that her local Walgreens Pharmacy had “actual or constructive knowledge” of the wet floors that led to Ms. Austin breaking her knee. This decision was held up in a court of appeals.

The Steps to Take in a Slip and Fall Case

In the event that you are in a slip and fall incident that leads to injury, there are important steps you should take.

  • First and foremost, seek medical attention if you are injured. Putting off medical attention can make the injury worse.
  • Document the pertinent information surrounding the event. Take photos and write down all information before too much time passes.
  • Collect contact information from any witnesses and make notes about the condition of the environment at the moment of the accident. Pay special attention to what is on the floor, the level of lighting and any other factor that may have contributed to your fall.
  • Get in touch with an experienced personal injury attorney

A slip and fall injury can be devastating for the injured, incurring medical expenses, lost wages, and emotional trauma. If your injury is the result of a property owner’s negligence, you need to be compensated appropriately.

Personal Attention from Professional Attorneys

If you believe your slip and fall injury is the liability of the property owner, talk to the professional attorneys at Karpe Litigation Group today. We are experts in police misconduct and civil liberties law, winning the most challenging cases and helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.

Why It’s So Hard to Win Police Misconduct Cases

Karpe Litigation Group

Legal cases involving police misconduct often don’t make it to trial. Even when they do, they are difficult cases to win.

civil rights violation case

While the majority of Indiana law enforcement officers do their jobs admirably and conduct themselves with honorable dignity, that’s not always the case.

Consider the Elkhart, Indiana Police Department. In November 2018, Elkhart mayor Tim Neese suspends police chief Ed Windbigler following the release of a video showing two Elkhart police officers punching a handcuffed man in the face. Less than a month later, Mr. Windbigler resigns as police chief amid the controversy and his disciplinary actions – or the lack thereof. Under Chief Winbigler’s watch, 28 of his department’s 34 supervisors have disciplinary records, with 15 of his officers suspended more than once, according to an exposé by the South Bend Tribune and ProPublica. Several of these supervisors still hold their positions, including Assistant Chief Todd Thayer and Patrol Chief Capt. Brent Long.

While most police departments in Indiana and other states don’t have the kind of disciplinary issues of the Elkhart Police, officers are subject to allegations of misconduct and abuse on a consistent basis. It’s rare for these cases to be pursued in criminal court, so most police misconduct and abuse cases are generally civil suits brought by the victims of misconduct. They sue for monetary compensation in the hope of recouping the necessary funds to pay medical bills or to compensate them for mental and emotional distress related to their experience.

Unfortunately, cases involving police misconduct rarely make it to trial. And if they do, they takes a long time to get there, thanks in large part to tactics utilized by defense teams.

Public Safety Officials Behaving Badly

Police misconduct is defined as any time a public safety official abuses the power of their position or office. This behavior includes:

  • Excessive force
  • Police brutality
  • Police shooting
  • Abuse of power
  • Physical violence
  • Undue restraint
  • Unnecessary and degrading strip searches
  • Sexual assault
  • Blackmail and coercion
  • Racial profiling

What Can Happen With A Police Misconduct Case in Court

When a police misconduct lawsuit is first filed, it is assigned to a district court judge. The defense attorney representing the officer alleged to have committed the misconduct can file a number of motions to dismiss the entire case or select elements of the case like a piece of evidence. The defense can also file motions for hearings that can dismiss a trial, depending on their outcome.

A common defense tactic is a hearing for summary judgement. In this hearing, the alleged victim must prove to the court that there is a dispute on a material fact in the case. The victim must sway the court ruling that a reasonable jury would 1) believe the allegations and 2) the facts in the case would prove liability. Many police misconduct cases are a “he-said, she-said” situation, so many times the judge will rule against the alleged victim. The case stops cold.

The Qualified Immunity Standard

Another nullifying tactic used by the defense in police misconduct and brutality cases is the qualified immunity standard. This states that an alleged victim must prove two things:

  1. That a reasonable officer in the same position would have known the conduct is unlawful
  2. That the conduct is clearly established as unlawful

Many times, these standards are applied in a way that is not fair to the alleged victim. As Supreme Court Justice Sonia Sotomayor notes in her dissent on Kisela v. Hughes, “Such a one-sided approach to qualified immunity transforms the doctrine into an absolute shield for law enforcement officers, gutting the deterrent effect of the Fourth Amendment. It also sends an alarming signal to law enforcement officers and the public … It tells officers that they can shoot first and think later, and it tells the public that palpably unreasonable conduct will go unpunished.”

police misconduct defined

The Influence of Rule 609 in Civil Courts

When a case actually makes it to trial, routine police violence rarely leads to a favorable outcome for victims. Many times, this has to do with the Federal Rule of Evidence 609.

The spirit of this rule comes from a time of Common Law when people with criminal records are deemed “unworthy of belief.” In fact, until 1917, people with convictions were not allowed to testify in court.

Congress and the judicial branch codified this practice in 1975 under Rule 609. Today, “crimes of dishonesty” such as fraud and perjury are automatically admitted as evidence. Judges have the discretion of admitting prior felonies up to 10 years old.

What This Means for Alleged Victims

In cases of police misconduct where the alleged victim has a prior criminal record that is allowed in court as evidence, jurors may see this as an issue of credibility. This prejudice can present a formidable challenge for the prosecution. Attorneys cite difficulties with jurors who simply will not believe a person who has criminal convictions, no matter the circumstances of the impending case.

An investigative article on HBO’s Vice News Tonight website finds a California jury would not award a drug dealer compensation after a police shooting. A jury member in Chicago tells the lawyer of a man with a burglary conviction who’d been beaten by police that his client “got what was coming to him.”

Latisha Cure’s Case with the Miami-Dade Police

A glaring example of the effects of Rule 609 is the civil case of Latisha Cure in Miami, Florida. Latisha was celebrating her boyfriend Michael Knight’s birthday with him and their friend, Frisco Blackwood. While driving home from a club, police tail them to a dead end and fire on the vehicle. The police later testify they thought the car was backing up, so they opened fire. They shot 27 bullets into the car, killing Michael and Frisco and shooting Latisha in her thigh.

During the seven years it takes for Latisha to get her case to trial, her life falls apart. She is convicted of several felony drug charges. This information, while not at all related to this case of police brutality, is admitted into evidence and referenced by the defense team for the police officers 32 times during the trial.

One of the police officers on trial, Ryan Robinson, has a disciplinary file that includes two DUI car crashes, one that injured two girls in a parking lot. None of Officer Robinson’s convictions are admitted as evidence.

The result? After a 10-hour deliberation, Latasha loses her case 7 to 1. The officers who killed two men and injured Latisha are exonerated. 

Personal Attention from Professional Attorneys

If you or a loved one have experienced police misconduct and are considering a civil suit, contact the professional attorneys at Karpe Litigation Group today. We are experts in police misconduct and civil rights law, winning the most challenging cases and helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.

Forensic Science Drives Court Cases to Conclusion

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The forensic evidence left at a crime scene tells a very compelling story that is typically more reliable in court than witness testimony.

court case evidence

Most people are familiar with what happens during a court trial – we certainly watch enough law shows that give us an idea. When someone is charged with a crime, attorneys for the defense and the prosecution call witnesses to give testimony. The most compelling evidence may not come from a person, however. It comes from science. Forensic science.

Forensics Applies Scientific Principles and Techniques to Legal Problems

Forensic evidence is the information gathered about a crime using applied science. Investigators gather ballistics, hair and fiber samples, blood samples, tissue samples from under fingernails and all the things you typically see on your favorite crime drama that’s protected in plastic bags.

Forensic evidence is used in both civil and criminal cases to prove connections in court. Evidence like DNA is used to link crimes thought to be related or link a suspect of one crime to other crimes. This type of DNA linking helps law enforcement narrow down the pool of suspects, establishes patterns of crimes and helps speed the process of bringing criminals to justice.

Types of Forensic Evidence

Forensic scientists who process crime scenes are called crime scene investigators (CSIs). In Indiana, CSIs work with any law enforcement agency in the state and use the most up-to-date equipment and investigative methods available to them. The CSI will

  • develop, secure and package physical evidence for scientific evaluation and comparison reconstruct the events that occurred during the commission of a crime
  • prepare detailed reports of their observations and activities at the crime scene
  • provide expert testimony in court regarding their findings and the methods used at the scene

In general, CSIs consider the following when gathering evidence:

Fragile or Transient Evidence

  • Hairs, fibers, glass, fractured objects
  • Shoe and tire impressions
  • Barefoot impressions (latent)
  • Barefoot impressions (in blood)
  • Fire accelerants (point of origin)
  • Body fluids (blood, semen, saliva)
  • Skin cells (items touched or worn)
  • Latent fingerprints
  • Gunshot residue and patterns

Solid or Tangible Evidence

  • Toolmarks (focus on point of entry)
  • Firearms
  • Other weapons (knives, clubs, etc.)
  • Fired bullets
  • Fired cartridge cases
  • Unfired cartridges
  • Drugs and paraphernalia
  • Documents (checks, notes, receipts)
  • Computers and devices

How Forensic Science Solves Crime

Think again of your favorite crime drama. When the CSIs arrive at the crime scene, they know not to disturb the scene until all possible forensic evidence is documented, photographed and gathered.

The evidence left at a crime scene tells a very compelling story that is typically more reliable than witness testimony. While forensic evidence can be used for nonviolent crime, such as computer hacking and fraud, it is most commonly used to solve more violent crimes – the types of crimes that leave a body or injure people, both physically and mentally.

The directionality of blood spatter can show where people were standing when the crime occurred. Trace fibers, hairs and other materials are gathered and sent back to the crime lab for analysis. DNA and dental records can be used for identifying a body.

Forensic science is not just used on bodies. Ballistics testing, also known as weapons testing, can yield valuable information about how a weapon was involved in a crime. Investigators can determine the specific make and model of a gun, where the shooter was standing and much more data about the weapon that can associate it with a particular person.

Forensic science plays a key role in cases of cybercrime. Circuits of phones and computers are traceable and digital footprints are left in databases and on servers that forensic scientists can use to track down cybercriminals.

How Forensic Evidence Is Used In Court

Forensic evidence is considered to be stronger and more reliable than evidence gathered from the testimony of witnesses, who could be swayed by one side or the other. The facts don’t lie and the science behind forensic evidence can show that.

However, if you must defend yourself for a crime, get legal representation with experience in the use of forensic evidence. As the prosecution is presenting their case, the validity of their forensic evidence can be questioned by a knowledgeable legal team that will ask, How was the evidence collected? Could tampering or contamination come to light? Could the chain of custody point to some other way the evidence has been compromised?

winning a court case

The Future of Forensic Science

Even though evidence such as fingerprints has been used for years to make a strong case and its scientific reliability is well established, evidence gathered scientifically through forensics must stand up to rigorous questioning before it is accepted as proof in a courtroom.

Over the past few decades, DNA evidence has proven its worth and is generally considered admissible. But the continual evolution of science means many new and untested technologies exist that have not yet proven their reliability in a court of law.

If one side in a trial asks to submit evidence that has not been proven over time and is not yet accepted by the scientific community, then the court will often order a mini-trial to review the validity of the scientific theory on which the evidence is based.

One technology currently going through the mini-trials process is functional Magnetic Resonance Imaging (fMRI). This technology is a new form of lie detection that works by imaging the flow of blood around the brain in order to detect when someone is lying. If a judge in a mini-trial can be convinced that this yet-to-be-proven technology should be introduced at trial, then it could become a new accepted piece of forensic evidence in the courtroom.

Personal Attention from Professional Attorneys

If you are accused of a crime, talk to the professional attorneys at Karpe Litigation Group today. We are experts in injury and accident law and use forensic evidence to win the most challenging cases, helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.

The Difference Between Basic Rights and Civil Rights

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If you think your rights may have been violated, the first question to ask your lawyer is whether it is a protected civil right under the law.

civil rights and anti-discrimination laws

If you ever feel as if your rights are violated, you may wonder whether you should take legal action against the perpetrators. However, only a number of basic rights are considered civil rights, protected under civil rights legislation and anti-discrimination laws. So, the first question to ask your lawyer is whether or not a “protected civil right” has been violated.

Types of Civil Rights Violations 

Police Misconduct

Police are granted broad powers to uphold the law, but there are restrictions on how far they can go for this endeavor. The videotaped beating of Rodney King by Los Angeles police officers is a prime example of police going too far. The victims of this type of misconduct have legal recourse through federal and state laws. The purpose of these laws is to protect citizens from abuses by government, including the police.

Police officers are immune to lawsuits resulting from conducting their jobs properly. Mere negligence, or the failure to exercise due care, is not enough to demonstrate liability. There must be willful, unreasonable conduct in order for a victim to support the claim of a civil rights violation.

Discrimination in the Workplace

Workplace discrimination happens on many levels. Discrimination can occur during the hiring process and during employment. There is direct discrimination, also called disparate treatment, where someone treats or causes others to treat an individual unfairly, usually due to stereotypes. There is also indirect discrimination, also called disparate impact, when a policy or condition is imposed that disadvantages a protected group.

Abuse in Schools and Nursing Homes

Elder abuse in nursing homes has been on the rise. Organizations such as Medicare say they will be looking into the matter, but many lawmakers like Charles Grassley, R-Iowa, do not think the action is quite enough. “A crime is a crime wherever it takes place,” Mr. Grassley says in a statement. “It’s unacceptable for more than one-fourth of potential crimes in nursing homes to apparently go unreported.”

While schools are required by law to report allegations of abuse, data shows that these cases are heavily underreported. As part of an ongoing investigation into sexual misconduct in public schools, educators and public officials who are required by state law to report the potential abuse of children to police or other law enforcement, such as child welfare authorities, did not fulfill those obligations.

Illegal Search and Seizure

An illegal search and seizure is a violation of the Fourth Amendment. According to Cornell Law School, “An unreasonable search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present.” In Mapp v. Ohio, 347 U.S. 643 (1961), the Supreme Court held that the exclusionary rule applies to evidence gained from an unreasonable search and seizure.

ADA Compliance

Standards for the Americans with Disabilities Act apply to commercial and public entities that have “places of public accommodation,” which includes Internet locations. The Department of Justice recently says in a statement, “The Department is currently developing regulations specifically addressing the accessibility of goods and services offered via the web (such as Netflix) by entities covered by the ADA. The fact that the regulatory process is not yet complete in no way indicates that web services are not already covered by title III.”

Hiring Discrimination

According to Upcouncel, “Hiring discrimination is the refusal to hire a job applicant because of his or her race, nationality, gender, family status, age, disability, religion or sexual orientation.” While sometimes misconduct during the hiring process is blatant, it can also occur with less obvious of a bias. As a result, certain questions cannot be asked in an interview, as they are protected by discrimination laws. These topics include:

  • Current or future children
  • Marital status
  • Race
  • Religion
  • Sexual preference
  • Age
  • Disabilities
  • Citizenship status
  • Drug or alcohol use

Misconduct of Government Officials

Most members of government and law enforcement are honest and reliable but there are certain exceptions to that standard. The Innocence Project is dedicated to shining a light on the individuals who make up that exception. According to the Innocence Project, common forms of misconduct by law enforcement officials include:

  • Employing suggestion when conducting identification procedures
  • Coercing false confessions
  • Lying or intentionally misleading jurors about their observations
  • Failing to turn over exculpatory evidence to prosecutors
  • Providing incentives to secure unreliable evidence from informants

Housing Discrimination

Under Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, discrimination is prohibited in the sale, rental and financing of houses, and in other dwelling-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women and people securing custody of children under the age of 18) and handicap (disability).

what are my rights

Citizen Actions You Can Take To Protect Civil Rights

The protection of civil rights, also known in the justice system as “civil liberties,” along with the protection of political rights are widely viewed as a protection of human rights, enforced by the Supreme Court and by the entire justice system. Become an advocate for your community. The American Civil Liberties Union (ACLU organizes letter-writing parties, protests and other grassroots campaigns to get involved and act against violations of civil rights.

Personal Attention from Professional Attorneys

If you believe your civil rights have been violated, talk to the professional attorneys at Karpe Litigation Group today. We are experts in police misconduct and civil liberties law, winning the most challenging cases and helping those in need for 20 years and counting. There is no fee until we win for you. Committed to making things easy for you, we are happy to meet by appointment on evenings and weekends, and travel to you when needed. Give us a call today at 1-888-228-7800 or fill out our contact form to schedule your free initial consultation.