COA: Insurer has duty to defend bars and owners following vehicle accident







This was a Karpe Litigation Group Case

COA: Insurer has duty to defend bars and

owners following vehicle accident


See the enclosed article from THE INDIANA LAWYER.


Illinois Casualty Company will have to pick up the tab for a pair of Kokomo watering holes after the Indiana Court of Appeals found the insurer has a duty to defend the bars and the owners in a lawsuit arising from a traffic accident caused by one of their customers.

The Ebert family sued two “show” bars, Big Daddy’s and Little Daddy’s, for the injuries they suffered in July 2015 after their car was hit by a truck driven by William Spence. Prior to the accident, Spence had been drinking at Big Daddy’s and was visibly intoxicated when he was thrown out of the establishment.

Illinois Casualty, which provided a separate general business owner’s policy and a liquor liability policy to each bar, argued it did not owe a duty to defend or to indemnify under either policy. The insurance provider pointed to the policies and asserted all of the Eberts’ claims fell within the coverage exclusion.

The Howard Superior Court agreed. It founds the business owner’s policies precluded coverage for all of the family’s claims.

Arguing the coverage exclusion in the general insurance polices does not apply to all of the Eberts’ claims, the Ebert family and the bars filed an appeal.

The Court of Appeals reversed the trial court’s ruling in William Ebert, Michelle Ebert, Cora Ebert, Alexandra Ebert, Dan the Man LLC, Daniel Parks, and D&D Saloon LLC v. Illinois Casualty Company, 21A-PL-69.

Writing for the appellate panel, Judge Elizabeth Tavitas explained, “The language of the coverage exclusion in the general business owner’s policies, just like the language of the dram shop statute, unambiguously declares that the root of liability is the furnishing of alcohol to another party. Thus the question before us on this appeal is: do the Eberts assert any claims that could potentially prevail independently of whether defendants furnished Spence with alcohol?”

Spence was ejected from Big Daddy’s after he got into an altercation with another patron. Local police were called but when they left, the bouncer, Christopher “Razor” French confronted Spence. French told him to get his truck and leave. Subsequently, Spence got into his vehicle and eventually sped out of the parking lot, throwing gravel and squealing tires.

The appellate found some of the Eberts’ claims rely on Spence’s impairment which are independent of whether the bar served him alcohol. For example, liability could attach under the failure to intervene theories if Spence had arrived already intoxicated and had not been served.

“Without commenting on the validity of the claims, or their likelihood of success on their merits, we find that the negligence theory based on allowing Spence to leave the premises despite knowledge of his intoxication, for example, does not require proof that the bars ‘caused and contributed’ to said intoxication,” Tavitas wrote. “As such, this is not a claim for which the business owner’s policy excludes coverage, and thus, the duty to defend attaches.”

See the full article from The Indiana Lawyer here:


How Do You Find A Defective Airbag Lawyer?

How Do You Find A Defective Airbag Lawyer?

When you are in an accident, you expect the airbag to deploy to protect you and the passengers in your car. When they do not deploy properly or at all, you may consider hiring an attorney, but how do you find a defective airbag lawyer? There are several reasons these safety devices fail and, in some instances, it is the car manufacturer’s fault. If you’ve suffered injuries as a result of a defective airbag, you deserve to be compensated.

Reasons An Airbag May Be Defective

Airbags save many lives, but there are many ways they can also cause injury, especially if the airbag is defective or not installed properly causing failure to deploy properly on impact. Here are some reasons an airbag may be defective:
  • Sensor Malfunction
  • Improper Chemicals
  • Faulty On/Off Switches
  • Previous Deployment
The occupants of the car can sustain severe injuries as a result of these defects. Hiring a defective airbag lawyer can help you seek justice and get the compensation you deserve after the accident.

Hiring An Attorney Who Handles Airbag Cases

An experienced airbag lawyer can help investigate your accident and advocate for you. With a good lawyer, you can sue the airbag company and the vehicle manufacturer so that they can pay for the hardships you’ve endured as a result of the defective airbag. Here are a few ways to find a defective airbag lawyer:
  • The Internet. With most people relying on technology for help, it is fairly easy to get a lawyer using a simple internet search. It’s important to find a lawyer specializing in defective airbags because they will know how to navigate your case.


Read reviews about the lawyers and the firm to know about other people’s experiences. Do not rely on the reviews on the firm’s website. Instead, do a quick search of the attorney’s name to reveal other thoughts that they may not put on their business site.


  • Referrals. If you know anyone that has had the same experience as you, ask them to refer you to the lawyer who handled their case. This is probably the best way to find a reliable attorney, because you will benefit from knowing how effective they are. You can also ask for recommendations from other lawyers and they will direct you to a defective airbag lawyer.


  • State bar association. Every state has a bar association that locals can use to get the right kind of lawyer. From the list of attorneys, you can do some research and find one that is best for your case. Some databases will give you a list of attorneys in your area and their area of speciality. You can comfortably choose from the list you get from the database and get a defective airbag lawyer.

Choosing The Right Lawyer

Before you employ the services of the defective airbag lawyer, be sure that you do the following:

  • Thoroughly research and find out if there are any pending disciplinary actions against the lawyer.
  • Ask about their fee and how you will be required to pay. Three typical methods are lump sum, contingency, or partial payments.
  • Find out how long they have been practicing the law and how much experience they have with defective airbag cases.
  • Get to know how many similar cases the attorney has handled and what the results were.

Find A Defective Airbag Attorney Today

No matter what method you use to find a defective airbag attorney, trust your instincts and go with your gut feeling. If you do your research and choose a lawyer who is confident, they may be able to get you positive results fast.

How Can You Sue A Car Company For Airbags Not Deploying?

How Can You Sue A Car Company For Airbags Not Deploying?

Have you been in a collision? If so, you should hire an Indianapolis accident lawyer. An accident lawyer handles many types of collision cases, whetherA company that manufactures cars is required to perform safety tests that will ensure the vehicle meets certain standards to keep the car owner safe in the event of an accident. This includes airbags. So, how can you sue a car company for airbags not deploying? If you get into an accident, the airbags deploy to cushion the blow and hopefully prevent more severe injuries to your body. When the airbags do not deploy, it could be disastrous and it may be the fault of the car manufacturer. you’ve been rear-ended, hit by a semi-truck, involved with a drunk driver, or even suffered injuries due to a defective airbag. They are experts with specific investigations. Any time you get into an accident, you should be able to find the right lawyer to seek compensation. For these reasons and more, you should hire an accident attorney.

Proving The Airbags Failed To Deploy

If you want your lawsuit against the car company to end favorably, you will need to provide evidence that supports your claim that the airbags did not deploy due to a manufacturing defect. Here are some things you should be able to prove:
  • The car company fitted the car with a defective airbag.
  • The failure to deploy has caused you or another person who was in the car bodily harm or worse.
  • You have suffered emotional trauma because the car airbag didn’t deploy like it should have.
  • The airbag should have deployed on impact, but it failed to do so for one reason or another.
The car company has a responsibility to ensure they have designed the airbags to be efficient so drivers are safe and have peace of mind. It is crucial that the vehicle is safe in case of an accident. It can be traumatizing if you rely on the vehicle and it fails you because of manufacturing defects.
When the car company does not make the airbags well enough to protect the driver or passengers, you have the right to seek compensation. An investigation will easily prove if the airbag was faulty or if there were any other causes for the failure to deploy.

Causes of Airbag Failure to Deploy

The airbag can fail to deploy for several reasons and in most of these cases, the driver is entitled to some compensation. The following are some of the major causes:

  • Faulty wiring
  • Defective modules, electronics, or impact sensors
  • Software issues
  • Defects in the airbag design
  • Faulty materials
  • Improper installation
  • Power loss in the vehicle before the crash
As a result, you can sue the vehicle manufacturer and the airbag company manufacturer for the damages and/or injuries. You need to consult your lawyer so that they can advise you on the best way to proceed after an accident. You must report the incident to the police and your insurance provider because they can also sue the company on your behalf.

With Help From An Attorney, You Can Sue A Car Company

If your airbags did not deploy in an accident and you have proof that they were defective, you can sue a car company with help from an attorney. Document any tests you might have done on the car after the accident and any time the car was serviced before the accident. Sometimes the blame is automatically put on the car manufacturer when the fault might actually lie with a mechanic. If you prove to the court that it was indeed the car’s fault or airbag company, your case should end favorably for you.

Why Should I Hire An Indianapolis Car Accident Lawyer?

Why Should I Hire An Indianapolis Car Accident Lawyer?

Have you been in a collision? If so, you should hire an Indianapolis accident lawyer. An accident lawyer handles many types of collision cases, whether you’ve been rear-ended, hit by a semi-truck, involved with a drunk driver, or even suffered injuries due to a defective airbag. They are experts with specific investigations. Any time you get into an accident, you should be able to find the right lawyer to seek compensation. For these reasons and more, you should hire an accident attorney.

Accident Attorneys Know The Law

An Indianapolis car accident lawyer has a better understanding of the law in the state. Because of this, they are able to defend you effectively. They have been able to study the law in Indianapolis and know the best way to protect your case so you can get the ruling you deserve. A lawyer who is well versed with the laws of the state will be more confident in court and will have all the tools to defend you well.

Need to Hire an Accident Attorney?

Indianapolis Lawyers Are Affordable

When you choose a lawyer from your state, you will be able to pay less, because most local lawyers are relatively more affordable. You do not need to get a lawyer from out of state because of their big names. They will charge you more and you cannot be sure they will have the necessary state knowledge to defend you as well as an accident lawyer in your state. An Indianapolis auto accident lawyer is familiar with the laws and some will even accept payment in installments so they can defend your case without you having to pay their fee upfront.

Indianapolis Accident Lawyers Have Experience

An Indianapolis accident lawyer has the expertise you need to deal with your case because they have specific experience in these types of cases. You can relax, knowing that your case is in the hands of an expert who is not new to accidents. This will give you peace of mind, because you can be sure that they will handle your case with professionalism. Your lawyer will advise you on any action you should take so that you can effectively get the ruling you deserve. They will also explain the compensation they plan to seek on your behalf in order to reach your goals as well as a fair sentence. It will be easy for the attorney to defend you because of their experience in this practice area.

Accident Investigation In Indianapolis

In the case of an accident, your lawyer will carry out investigations to find out more about the event and collect evidence. An Indianapolis accident lawyer will know where to start their investigations and what to look for to plan a strategic and comfortable defense. You will be able to get more from the lawyer because they have the expertise they need to be effective in the lawsuit.

Hire An Indianapolis Lawyer For Your Accident Today

Indianapolis auto accidents lawyers are fast and will ensure that you get the compensation you are due after an accident. Hire an Indianapolis accident lawyer today. They understand the state’s laws, are familiar with the local courts, and can handle a thorough investigation, which makes it easy to defend you and win a favorable ruling. If you need to hire an Indianapolis car accident attorney, call us at 317-721-4783 for a free consultation today.

Winter Storm Personal Injury Preparedness Planning

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Planning for a winter emergency can be a daunting task. There are certain items and procedures that you should always keep handy if you are in an auto accident during a winter storm and you need to have an auto accident attorney Indianapolis.

Have a Personal Injury Lawyers Information Handy

Make certain to have a slip and fall lawyer on call, on the oft chance that you may hurt yourself on black ice that is a major cause of slip and fall accidents.

You Should Have the Following Information During a Winter Storm

Just as with any accident, you need to have a series of items to make things, easier. Some of the items you need are :

  • Flashlight
  • Cell phone
  • Cell phone charger
  • Warm blanket
  • Pen and paper
  • Karpe Litigation Group contact information


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.

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 the professional attorneys 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.