Personal Injury Primer

Personal Injury Primer
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Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Episodes

  1. 4d ago

    Ep 384 When Must a Judge Recuse from a Case

    When Must a Judge Recuse from a Case https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-384-When-Must-a-Judge-Recuse-from-a-Case.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. When attorneys interview a jury panel before a case goes to trial, they ask questions to try to determine if any of the panel members might have a bias for or against one of the parties in the case. What do we mean by bias? Well, suppose one of the prospective jurors has a financial interest in a defendant company or plaintiff company in a lawsuit; that might constitute bias. It would be the same if that prospective juror is a friend of one of the parties in the case, or has some business dealings with one of the parties in the case, or has dealt with one of the parties in a prior lawsuit. The primary purpose is to ensure that anyone appointed to a jury can be impartial. The same impartiality is required of a judge. A judge must recuse themselves from a case when their impartiality is called into question due to a conflict of interest or a personal bias. All the word recuse means is that the judge must give up the case to some other judge who does not have an issue with impartialit. Here are some of the things that would indicate that a judge should recuse themselves from a case. If the judge has a financial interest in the outcome of the case, or a close relative of the judge has a financial interest in the outcome of the case, the rules suggest that the judge must recuse themselves. If the judge has previously presided over a case involving one of the parties, then recusal may be required. If the judge has a personal bias or prejudice against one of the parties or their lawyer, or they have personal knowledge of disputed facts that would prevent them from being impartial, the ethical guidelines would require recusal. The same would be true if the judge, their spouse, or close relatives had a relationship with a lawyer in the case or a material witness. Another situation where recusal is necessary is when there is no direct conflict, but there is an appearance of impropriety. That would mean that the public would perceive an unfairness in the outcome of the case if the judge remained the decision-maker. As a practical matter, where a judge owns stock in a company that is a party to a case, they must recuse themselves. Where a judge has made public statements indicating a strong position about the subject matter of the case that may lead to a recusal. You might think that recusal is just a matter of personal preference, but it’s not. It is a legal and ethical obligation, and if a judge who should recuse themselves fails to do so, the failure to do so could be grounds for a mistrial, may lead to a reversal on appeal, or may erode the public’s trust in the court system. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 384 When Must a Judge Recuse from a Case first appeared on Personal Injury Primer.

  2. Sep 23

    Ep 383 Prioritizing Money Over Health

    Prioritizing Money Over Health https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-383-Prioritizing-Money-Over-Health.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. We often deal with clients who have been injured as a consequence of a defendant not following health regulations. One example is a restaurant failing to follow health regulations, which require kitchen cleanliness, as well as maintaining the food supplies at an appropriate temperature in a freezer or refrigerator, or failing to prepare and cook food to the required temperature. The types of illnesses that are often a consequence of failing to follow these types of regulations include food poisoning and associated diseases, some of which can result in serious injury or death. Another example of an injury that can occur due to a failure to follow health regulations is the acquisition of infections as a result of a hair salon or nail salon not following the required regulations to ensure the cleanliness of combs, brushes, basins, and other utensils used on customers. Infections that can result include viral, bacterial, and fungal infections. Another example of how people can be injured as a consequence of a business failing to follow health regulations is the manifestation of hospital-acquired infections. This may result in a patient acquiring an MRSA infection, as well as other types of antibiotic-resistant infections. A consequence of some of these infections can be serious injury or death. A common thread that runs through these types of cases is that the party who has failed to comply with health regulations does so to save money and cut corners. For example, in some hospital settings during the COVID-19 pandemic, hospitals refused to send in cleaning staff to clean a patient’s room or bathroom. The excuse given was that they did not want to expose the workers to the virus. However, failing to clean rooms and bathrooms exposed patients to other infectious agents lurking in the hospital. There was no valid reason under the law to disregard hospital health regulations. Cleaning crews could have been provided with hazmat-level protection or other necessary protection as required by OSHA. Neglecting patient health is never justifiable. The health and safety regulations implemented by governments are designed to ensure that people lead healthy lives and avoid infections while engaging in everyday activities. The reason you can go in and get a haircut safely is that most barbers and beauticians follow the regulations. You can stop at a restaurant and hopefully walk out without becoming ill because most restaurant workers follow the laws. The same is true for most hospitals that follow the regulations. However, no matter the industry, those who disregard safety rules to save money and increase profits are knowingly putting all of us at risk. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 383 Prioritizing Money Over Health first appeared on Personal Injury Primer.

  3. Sep 16

    Ep 382 Parent Wanted to Take Settlement Money from Child

    Parent Wanted to Take Settlement Money from Child https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-382-Parent-Wanted-to-Take-Settlement-Money-from-Child.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question was prompted by a caller whose young daughter broke her leg at a softball field due to someone’s negligence. I did not get additional details. The caller stated that he had settled the daughter’s case with an insurance company. However, he wanted legal advice because the insurance company demanded that all the settlement funds be placed into a guardianship for the benefit of the daughter. I’m sure every attorney receives a call like this from time to time. Invariably, a caller with a question of this nature does not want to pay for legal advice and is not receptive to being told that what he wants to do runs counter to what the law requires. The caller insisted that the money was his to spend and stated that he just needed an attorney to make the insurance company understand his situation. This particular caller stated that he had already contacted five other attorneys, and none would assist him in his desire to take his child’s settlement money. He also sounded outraged on the call and did not want to hear a word about preserving the funds for his young child. He insisted he could use the money to make car payments. He said he takes the child for rides in his car as his passenger, so she will benefit from him having a car. He said I had to be wrong to suggest that the money needs to be put in a special account and preserved for the young child. He then disconnected the call. Had he stayed on the line, we would have declined to advise the gentleman for several reasons. First, he was adamant that the money should be his. If he had hired us, we would have been obliged to protect the child’s interests. An attorney cannot represent a child against their parent or represent the parent against the child in the same legal matter where there is a conflict of interest between the two parties. Second, he was belligerent and figured he’d keep looking for an attorney who would help him take advantage of the child. 99.9% of parents of an injured young child realize that any money they might recover for that child’s injury must go to the benefit of the child and not the parent. Courts require that funds collected on behalf of the minor child must be either put in a special savings account with a federally insured institution, for the benefit of the minor child exclusively, or a guardianship has to be opened, if the net amount of the settlement is over $10,000, where the court can supervise the money and make sure that the money does not go to an unscrupulous parent. There are no exceptions. After the caller disconnected, I began to wonder if he was addicted to gambling or if someone was threatening him. There is good reason for laws that protect injured minors when it comes time to settle their injury claim. When a third party injures a child, the child has the right to sue that party. The right to sue belongs to them, not their parents. The parent was not injured. A parent may have an independent action for loss of services of a child, but the injury claim belongs to the child. Because a child is a minor, they cannot sign a written representation agreement with an attorney. The reason a child cannot sign an attorney representation agreement is the same reason the child cannot sign a contract to buy a house or buy a car. They lack the legal authority to enter into an agreement. Though the law permits a parent to sue on behalf of a minor child, any settlement reached must be approved by a court. The parent must act as a fiduciary for the child’s benefit. The court needs to approve the settlement to ensure the parent is not taking advantage of the child. I recall a case from a few years ago in which a court approved a settlement and ordered that the settlement funds for the child be deposited into a special savings account for the child. Several years after I withdrew my representation from the case (since the case was settled), the court found out that the mother had lied about setting aside the money and had instead taken all of the child’s money. Needless to say, the mother was in big trouble. I don’t think she went to jail, but I believe the court ordered her to pay back all the money, with interest. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 382 Parent Wanted to Take Settlement Money from Child first appeared on Personal Injury Primer.

  4. Sep 9

    Ep 381 Woman Hurt When Thrown from an Amusement Ride

    Woman Hurt When Thrown from an Amusement Ride https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-381-Woman-Hurt-When-Thrown-from-an-Amusement-Ride.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a call from a woman who wants to sue after being thrown from an amusement park ride. She says she needed neck and low back surgery after the incident. She also says she can no longer work as a janitor, a job she had for the last 30 years. Her medical bills to date total nearly $500,000. She says her earnings loss so far is $150,000. She wants to know if she has a good chance of successfully suing the company that operated the amusement ride. She wants to know what factors we would look at to determine her chances of winning, and she would like to know what damages she can potentially recover. Any lawsuit would likely be based on claims that the defendant (the amusement ride company) was negligent and reckless in the operation of the amusement ride and that its actions or inactions caused the woman’s injuries. The owner and operator of an amusement device is required to exercise reasonable and ordinary care in maintaining, operating, and supervising the device. Key factors to consider include determining if Indiana statutes that govern amusement ride safety were violated without excuse or justification: –  Regulations require owners to be familiar with the manufacturer’s instructions, prepare an operating fact sheet for operators, and refrain from operating devices at unsafe speeds or at speeds beyond the recommended limits. –  Specific equipment, such as belts, bars, and footrests, must be provided to ensure safe entrance, exit, and support. This equipment must be strong enough to restrain passengers and have fastenings that cannot be inadvertently released. –  All devices must comply with the manufacturer’s safety standards, operating manuals, and technical specifications. Additionally, daily operation and inspection logs, as well as personnel training records, must be maintained. If the woman successfully proves her claims and her fault is 50% or less, she may recover damages to compensate her for those elements reasonably demonstrated to have resulted from the defendant’s wrongful conduct. Damages she can potentially recover include a jury taking into account the nature and extent of the woman’s injuries, whether her injuries are temporary or permanent, physical pain and mental suffering, medical expenses, disfigurement caused by the incident, lost time and earnings, and the loss or impairment of earning capacity. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 381 Woman Hurt When Thrown from an Amusement Ride first appeared on Personal Injury Primer.

  5. Sep 2

    Ep 380 Service Dog Bites Child

    Service Dog Bites Child https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-380-Service-Dog-Bites-Child.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question is prompted by a woman who called and said a service dog attacked and severely bit her young child when she and the child were at a restaurant. She was calling to find out her legal options. Animals are not always predictable. To properly analyze the caller’s situation, we will need to know more about the dog, the child, the dog’s owner, and the restaurant. Was the dog a trained and certified service dog? If so, did it break protocol with its training? In other words, was it trained not to react with a bite even if provoked? Improper training may lead to a lawsuit against the dog trainer. Additionally, we would like to know if the dog was indeed specially trained and a genuine service dog. In other words, was it a seeing-eye dog? Or was it a so-called comfort dog designed to help relieve anxiety? What was the dog’s breed and size? Was the dog on a leash? Was the dog muzzled? It will also be important to credibly determine what the child was doing at the time of the bite. Was the child provoking the dog in some way? Such as screaming at the dog, or touching the dog, or hitting the dog? Or did the child touch or strike the dog’s owner, causing the dog to feel protective? Was the parent monitoring the child? Another essential factor would be to learn more about the dog’s owner. Could the dog’s owner have prevented the dog from biting? Was the dog providing services that a medical practitioner prescribed? Or did the owner try to pass off an untrained dog as a service dog? If the dog was not a genuine service dog, the owner committed fraud against the restaurant and its staff. Did the owner know that the dog might bite, given its history? The law tends to grant leniency to an owner who is unaware of any violent tendencies in an animal. However, if the animal has bitten before or otherwise exhibited violent tendencies, the law is likely to be less lenient towards the owner. Another factor is going to be the type of restaurant involved. Did the incident occur in an outdoor setting, such as a patio or garden? Or did the incident occur inside a building? Did the restaurant try to prevent the dog from entering? Did the restaurant place the dog and its owner near the child? Did the restaurant observe behavior with the dog that would have suggested a propensity to bite before it bit the child? Should the restaurant have ejected the dog and its owner before the bite could occur? Did anybody take steps to try to prevent a foreseeable attack by the dog? Depending on the answer to these questions, when an investigation of the incident is complete, it may be reasonable for the caller and her child to sue several potentially responsible parties. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 380 Service Dog Bites Child first appeared on Personal Injury Primer.

  6. Aug 26

    Ep 379 Bicyclist Hit Crossing Street

    Bicyclist Hit Crossing Street https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-379-Bicyclist-Hit-Crossing-Street.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a woman who called saying that her bicycling husband was struck by a car when he crossed a street while riding on a bike trail. She wanted to know their legal rights. If a car strikes a bicyclist while he crosses a street from a bike trail in Indiana, the injured cyclist may be able to sue for compensation. But it will depend on the circumstances of the crash. In Indiana, drivers must exercise caution to avoid hitting pedestrians and cyclists. However, cyclists also have responsibilities. A bicyclist must obey traffic laws and exercise reasonable care in operating the bicycle. Just the other day, I encountered a cyclist NOT following the rules of the road. I was driving a car on a divided four-lane highway going eastbound, and the bicyclist was in the inside eastbound lane pedaling westbound.  I was surprised nobody struck him. Liability in each case will depend on who was at fault for the crash. If the car driver was distracted or impaired, they may be held fully responsible. If the cyclist was violating traffic laws (such as crossing against a red light or without signaling) or operating their bicycle in a manner similar to the man I just described, their actions may result in a jury finding them to be at fault. Where the car driver’s negligence contributed to causing the accident, the cyclist may be successful in filing a personal injury claim and seeking compensation for their injuries and damages. Damage may include tangible losses, such as medical bills, lost income, and property damage. Damages may also include compensation for pain and suffering, as well as emotional distress. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 379 Bicyclist Hit Crossing Street first appeared on Personal Injury Primer.

  7. Aug 19

    Ep 378 Injury Caused by Unstable Store Display

    Injury Caused by Unstable Store Display https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-378-Injury-Caused-by-Unstable-Store-Display.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s episode is prompted by a report a couple of months ago that a California woman sued a big box store for millions of dollars, alleging that a heavy liquor cabinet display fell on her, causing multiple injuries, including a traumatic brain injury. These types of display-related injuries are more common than you might think. We are currently pursuing a case for a client where a display item in a general store fell from a top shelf while a stocker was shelving bottles of detergent in an aisle adjacent to where our client was shopping with her child.  The injuries include a severe shoulder injury and a concussion (a type of traumatic brain injury). Recent cases that we have concluded have included similar display items falling on customers. Like the case in the news, one case involved a box of champagne falling on our client’s shoulder and neck. Another case that comes to mind involved a roll of carpet that was stood upright against a wall that fell and struck our client, breaking her arm. Several years ago, a small child lost an eye when a store display near a checkout counter at a grocery store toppled over. The display was not well secured, and store employees had recognized that it was wobbly and dangerous. However, the store manager instructed the employees to do nothing to better secure the display despite its hazardous condition. As a result, a young boy lost vision in one of his eyes. Such an injury will impact his future earning ability as well as his ability to participate in sports and interfere with his usual daily activities for the rest of his life. The lawsuit, reported a couple of months ago, involved a wholesaler that was accused of negligence, premises liability, and product liability. No matter the legal label is applied, cases such as these all involve negligently failing to manage the store where the injuries occurred, and often involve a failure to train employees properly. In each case of this type, the injured parties typically seek damages to cover past and future medical expenses, lost earnings, as well as emotional distress, and pain and suffering. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 378 Injury Caused by Unstable Store Display first appeared on Personal Injury Primer.

  8. Aug 12

    Ep 377 Malpractice Re Cancer Treatment

    Malpractice Re Cancer Treatment https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-377-Malpractice-Re-Cancer-Treatment.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller who said, “My 85-year-old mom died in a nursing home after her cancer got worse. Do I have a malpractice case against her oncologist, who just two weeks before said the cancer had not spread? It’s understandable to feel grief and want answers regarding the passing of a loved one. While dealing with a family member’s cancer death can be difficult, bringing a successful medical malpractice case against her oncologist would require demonstrating negligence, or what lawyers and doctors call substandard medical care. To succeed with a medical malpractice case based on the caller’s mother’s cancer death, there would need to be compelling evidence of the following: Doctor-Patient Relationship: Evidence that there was an ongoing and active professional relationship between the caller’s mother and the oncologist. Breach of Standard of Care: Credible medical expert proof that the oncologist failed to provide the same level of care that another competent oncologist, with similar training and experience, would have provided under similar circumstances. This might involve failing to order diagnostic tests based on symptoms and medical history, improperly interpreting test results, ignoring symptoms that suggested a worsening of the cancer, or failing to refer the patient to a more skilled specialist when information indicated the need to do so. Causation: Does credible evidence from medical experts, for example, establish that the oncologist’s negligence directly caused harm or injury that substantially negatively impacted the patient’s outcome, potentially leading to a lost opportunity for more aggressive treatment, which would have had a significant impact on survival? Damages: Did the deceased suffer physical pain, emotional distress, or medical expenses as a result of a delayed diagnosis or misdiagnosis? This could require more expert medical proof that the patient’s death was a direct result of the diagnosis mistake, or that the diagnosis mistake allowed the cancer to worsen substantially, leading to a demonstrable and significant reduced chance of successful treatment or survival, all of which contributed to the death. Cancer is a complex disease, and sometimes even with the best care, the outcome is not favorable. Proving causation can be challenging. Defense lawyers likely will argue that the patient’s death was due to the natural progression of the cancer, not due to any negligence. Obtaining a medical expert to review the patient’s medical records and determine if the oncologist’s actions fell below the standard of care, as well as to assess what, if any, damages can be causally linked to the oncologist’s care, would be the best next step for someone in the caller’s position. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 377 Malpractice Re Cancer Treatment first appeared on Personal Injury Primer.

  9. Aug 5

    Ep 376 Your Medical Provider Was Rude and Disrespectful

    Your Medical Provider Was Rude and Disrespectful https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-376-Your-Medical-Provider-Was-Rude-and-Disrespectful.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from an agitated caller who reported that the nurses, doctors, and staff at the local emergency room were rude and disrespectful to her. She wanted to know if she could file a lawsuit. The short answer is yes. But SHOULD she sue? Or, a better question, would the result of filing a lawsuit be something she would label as a success? A person may be able to establish a case for medical malpractice if a medical provider provides substandard service. Still, it will depend on whether the service constitutes a breach of the standard of care expected from a competent healthcare professional. Moreover, bad service alone is not enough; it must be demonstrated that the provider’s actions or inactions directly contributed to an injury or harm that would not have occurred otherwise. In other words, if the caller left the ER and went to another hospital and received good care, what would be the proof of harm? Let’s assume that the caller hires a retired physician. And, imagine also that after she pays them thousands of dollars, the physician concludes that the emergency room staff breached the duty of care owed to her by delivering her care that falls below the standard of care. The analysis of whether or not to sue will not end there. The caller will need to prove that she suffered damages as a result of an injury or harm. Damages can include, among other items, physical pain and injury, mental anguish, additional medical bills, and lost earnings. If all that happened to the caller was that they were disrespected or had to wait hours to get service, the caller’s best bet might be to file a complaint with the hospital or the state licensing agency. Consulting with an experienced attorney is highly recommended to navigate the complexities of medical malpractice cases and to ensure that your rights are protected. And, to ensure that time and money are not wasted spinning your wheels over something that a juror would ultimately consider trivial and not worth being called to jury duty. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 376 Your Medical Provider Was Rude and Disrespectful first appeared on Personal Injury Primer.

  10. Jul 29

    Ep 375 Car Catches Fire

    Car Catches Fire https://personalinjuryprimer.com/wp-content/uploads/2025/12/Ep-375-Car-Catches-Fire.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller concerned about his car catching fire and being destroyed. He pulled over, got out, and was not hurt, but he wanted to know his legal options. Depending on the cause of the car catching on fire and resulting damages, there may be several parties that could be sued. If the fire was caused by a design or manufacturing defect in the vehicle, the manufacturer could possibly be held liable under product liability laws. A design or manufacturing defect would include issues such as a wiring short, a battery defect, a fuel system leak, or another engine-related problem. Proving a defect and its connection to the fire will be challenging, not least because the car was likely destroyed in the fire. An expert would need to employ credentialed forensic analysis to piece together what happened in a manner that a court would find credible. If a fire department puts out the fire, it may have investigated the cause of the fire, and may also prove to be an essential source of information to establish the cause. If the fire was caused by negligence on the part of a mechanic who performed repairs or maintenance on the vehicle, the mechanic may be liable for negligence. A mechanic’s work might come into play if parts were installed incorrectly, or wiring was left loose, or the mechanic otherwise failed to address an issue they were hired to address. If the fire was caused by a car accident where another driver was at fault, they could be liable for damages, including the fire damage, injuries, and property damage. If a fire were intentionally set, the parties responsible for setting the fire could be held liable for the resulting damage. In some situations, if a fire originating on a property spreads due to negligence and subsequently engulfs a car, the party responsible for starting the fire, or a party who negligently failed to provide fire suppression equipment, may be sued for damages. One example that comes to mind is a renter of an apartment whose car caught fire when parked at the apartment building. Because the building owner failed to install and maintain fire suppression systems as required by law, we were able to sue that party successfully. In another case, we recovered damages for a client when a property manager allowed gasoline to be stored in a garage rented to a tenant, and the gas was stored in a way that caused a fire. If the owner of the car that caught fire had car insurance with comprehensive coverage, that policy would likely apply to cover the costs of repairing or replacing the vehicle in the event of a fire. In most situations, insurance may be the most viable option for recovering the losses sustained in the vehicle fire. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.” The post Ep 375 Car Catches Fire first appeared on Personal Injury Primer.

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Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

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