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Posted by on May 6, 2015 in Published Articles | 0 comments

Liability of Charity Motorcycle Event Organizers:  No Good Deed…..

Liability of Charity Motorcycle Event Organizers: No Good Deed…..

Charity rides.  “Poker Runs.”  Events for the motorcycling community to come together, to do what they love, and to help  any number of worthy, deserving causes.  But given the dangers that could arise when a mass of motorcyclists hit the road, each with varying degrees of experience, ability and competency, it is essential that organizers of charity rides take steps to protect themselves – and perhaps even the charities the seek to help – from liability and exposure for damages that may result when something unfortunate and unforeseen occurs. Insurance for the event, including coverage for the organizers and volunteers, for the ride and for events before and after the ride, must be given serious consideration.  Yes, it’s expensive.  But it’s just that important.  Be assured that an insurance premium is much, much more affordable than an uninsured claim or lawsuit. In addition to insurance, organizers should consider a written waiver of liability and release agreement.  While no waiver and release document could capture and contain every possible risk...

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Posted by on May 4, 2015 in Published Articles | 0 comments

Grandparents Visitation Rights

Grandparents Visitation Rights

Indiana Grandparent visitation is governed by the Indiana Grandparent Visitation Act, which sets forth the circumstances under which a grandparent may seek visitation rights with a grandchild. Under that law, a “maternal or paternal grandparent” includes (1) the adoptive parent of the child’s parent; (2) the parent of the child’s adoptive parent; and (3) the parent of the child’s parent. Generally, a child’s grandparent may seek visitation if: (1) one (or both) of the child’s parents is deceased; (2) the child’s parents are divorced; or (3) the child was born out of wedlock.  For paternal grandparents to seek visitation with a child born out of wedlock, it is necessary that their son’s paternity over the child first be established. Indiana courts, when considering a petition for the exercise of grandparents rights, first and foremost consider the best interest of the child.  Once awarded, grandparent visitation rights survive the adoption of the child by a stepparent, or by someone biologically related to the child, such as another grandparent, a sibling, an...

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Posted by on May 30, 2014 in Published Articles | 0 comments

A Clean Slate:  Expungement of Criminal Record

A Clean Slate: Expungement of Criminal Record

  Indiana law permits individuals who have been convicted of certain crimes to expunge their records after a number of years following their convictions.  Eligible crimes can be expunged after a period of time has elapsed, so long as the individual has avoided additional or new criminal problems during that time period.  While expungement is available for those who have been convicted of misdemeanors and other less-serious offenses, the Indiana statute is specific about which convictions are eligible for expungement and which are not. Generally, for a conviction to be expunged from the record, one must demonstrate by clear and convincing evidence: (1) the required time period has elapsed; (2) no charges are then-pending against the person; (3) the person does not have an existing or pending driver’s license suspension; (4) the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and (5) the person has not been convicted of another...

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Posted by on Apr 28, 2014 in Published Articles | 0 comments

Motorcycles Can Run Red Lights?

Motorcycles Can Run Red Lights?

An Indiana law, effective July 2014, permits Indiana motorcyclists to pass through red light traffic signals under certain circumstances.  Attempting to address the frequent instance of motorcycles being unable to trigger traffic signal sensors, the “dead red” law generally requires motorcyclists to wait two minutes to determine that the red light is “dead” or “stale” and then, if the way is clear, they can proceed cautiously through the intersection even though they are facing a red...

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Posted by on Oct 15, 2013 in Published Articles | 0 comments

Pharmacy Dispensing Errors: Not What the Doctor Ordered

Pharmacy Dispensing Errors: Not What the Doctor Ordered

Have you noticed the number of pharmacies opening in your area? As the Baby-Boom Generation continues to age, there is a marked increase in the number of prescriptions being filled each day. And the number will continue to increase, with no end in sight. Retail pharmacy is big business. It is not unheard of for a busy retail pharmacy to fill more than 1,000 prescriptions each day, with the pharmacist working a 12-hour shift. Mistakes are inevitable. A one percent margin of error in a pharmacy filling 1,000 prescriptions each day equates to ten people walking out of the pharmacy each day with a wrong prescription. One study found that, of 9394 prescriptions handled by a pharmacy over a 12-day period, 141 prescriptions (a 1.5 percent error rate) had potentially serious errors. The rate of all errors, including less serious errors in filling prescriptions, was more than 12 percent. See BG Guernsey, et al., Pharmacists’ dispensing accuracy in a high-volume outpatient pharmacy service: focus on risk management, Drug Intelligence...

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Posted by on Oct 15, 2013 in Published Articles | 0 comments

Drunk Driving: Far Reaching Liability for Damages Caused by Intoxicated Drivers

Drunk Driving: Far Reaching Liability for Damages Caused by Intoxicated Drivers

A drunk driver can cause tremendous damage and injury to motorists and pedestrians alike.  Of course, those injured by those who drink and drive can recover from the drunken motorists and their insurance carriers for the damages caused.  However, in specific circumstances, Indiana law also holds the bars, liquor stores and individuals who serve drunk drivers responsible as well.   LIABILITY OF ESTABLISHMENTS FURNISHING ALCOHOL   Indiana Code 7.1-5-10-15.5 states that those who furnish alcohol are responsible for resulting damages and injuries if they had actual knowledge that the persons to whom the alcoholic beverages were furnished were visibly intoxicated at the time the alcohol was served.  This statute is not limited just to bars and liquor stores, but also applies to social gatherings in homes and other settings. Proving that bar or liquor store patrons, or guests at gatherings or assemblies, were visibly intoxicated when they were served a drink – and that the servers had knowledge of the persons’ intoxication – can be a difficult task.  Still,...

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