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The Dram Shop Act

The Dram Shop Act

In lieu of the recent case against Tiger Woods, we thought it would be beneficial to explain the Dram Shop Act. Who is responsible when an accident or injury occurs because of someone being intoxicated?

Federal statistics & data show deaths caused by drunk drivers have dropped significantly in last 30 years, however, the phenomenon still occurs far too frequently.

In Indiana, when a drunk driver injures or kills a person, the bar or person that served the driver might share responsibility for the event. Under what is known as the Dram Shop Act, giving alcohol to a visibly drunk person can cause civil liability.

Now, the bar or person must possess or control the beverage and actually serve the alcohol. In addition, the person serving the alcohol must possess actual knowledge that the recipient was drunk at the time the beverage was provided. So, many times it is important to determine how much alcohol the person drank, over a certain time period as well as whether the person showed signs of intoxication like slurred speech or strange behavior.

If you have questions, an attorney can help sort through the issues to determine if these factors in the Dram Shop Act apply.

Please feel free to contact Goodin Abernathy.

Should I Allow Vaping In My Rental Units?

Should I Allow Vaping In My Rental Units?

Most landlords and owners do not allow smoking in their rental units – and for good reason: the smell remains in the house long after the tenants move out; the tar and smoke buildup on walls, carpets, and ceiling; and it increases the risk of accidental fire to your rental home.

 

But what about vaping and e-cigarettes? Should you allow their use in your rental? Recent polls indicate 10% of U.S. adults and 15% of U.S. adults under the age of 40 use e-cigarettes. This equates to millions of users throughout the country, so allowing the use of e-cigarettes might spark more interest in your rental properties from that growing population.

Risks of Vaping and E-Cigarettes to Your Rentals

Before you sign up those vaping tenants, you should be aware of the risks of vaping and e-cigarettes to your rentals.

http://time.com/3915957/e-cigarettes-vaping-health-tobacco-addiction/ (hyperlink 10% of U.S. adults with this).

That Chain-Smoker Perfume

Just like traditional cigarettes, cigars, and pipes, e-cigarettes do produce emissions that leave behind a residue that can build up on walls, ceilings, and in vents over time. The vapors from e-cigarettes are significantly cleaner than those from traditional cigarettes, but it will still leave an oily residue with repeated and long-term use. While the stench and deep staining of nicotine are not as prevalent with e-cigarettes, it is likely there will be extra cleaning costs upon your vaping tenant’s move-out.

Fire Hazards

While e-cigarettes have a significantly smaller chance of burning down your unit than falling asleep on the couch with a lit cigarette, the danger is still real. In July 2017, FEMA issued a report that 195 separate incidents of explosion and fire were reported involving e-cigarettes in the preceding 8 years. Many of these explosions occurred when the e-cigarette was being charged. Often this charging is done when tenants are asleep and not in a position to realize the danger before significant damage is done to your unit.

https://www.usfa.fema.gov/downloads/pdf/publications/electronic_cigarettes.pdf (hyperlink FEMA with this).

What to Do?

Ultimately it will be up to each landlord to allow or exclude the use of e-cigarettes in its properties. However, whatever you decide, you need to be sure your lease is updated to address e-cigarettes and vaping, and to ensure your tenants are aware of the rules regarding vaping and smoking before you rent to them.

Age Discrimination in the Workplace: A Growing Trend for Baby Boomers

Age Discrimination in the Workplace: A Growing Trend for Baby Boomers

In the next five years, approximately 25% of our workforce will be 55 years or older. For some people like Bruce Arians, a former Colts NFL football coach, jobs are still opening up (see recent news article here). But how are things going for the rest of our older workers? Are you an older professional that was just fired or handed a severance package?

Demographics show a large portion of the Baby Boomer generation is still working. Whether its because they need to work or because they want to work, many 50+ year olds are not retiring. Theoretically, our federal law protects employment discrimination against workers 40 years of age and older. The law is known as the Age Discrimination in Employment Act, or the “ADEA”. But not all employers follow the law, and it’s much tougher for older workers to find new jobs – let alone financially recover from an unexpected severance.

In Indianapolis, our attorneys see this scenario commonly unfold in the medical industry. Goodin Abernathy LLP attorneys are experienced with pharmaceutical and medical device representatives suddenly facing a “forced retirement.” Typical scenarios show the experienced reps are asked to train new, younger sales people. The trainees tag along, meet the customers and learn the ropes. Then, if they aren’t fired, the older rep’s territory just gets split up. Part of the territory is assigned to the younger worker, while the older rep’s compensation package does not change. This means the experienced worker just trained themselves into a pay cut. You can imagine what happens after a little more time when the younger worker learns the ropes: they’re handed both territories and the older worker is shown the door.

Other times the older, experienced worker gets pushed out or “harassed out” of their position. Their younger managers start building flimsy records of statistical violations. They say the older worker isn’t making enough sales calls; is not attending enough meetings; fails to use the company’s technology correctly, etc.

Behind the scenes, the company’s strategy is simple: replace the higher paid, experienced worker with cheaper labor offered by young workers. The older workers – who devoted their careers to improving the company’s interests – get cut loose by new or younger managers trying to make their own numbers look better.

Another typical scheme involves luring away experienced, older workers from competitors. After the older worker shares her book of business and discloses other proprietary information, the new company abruptly lets them go. The new company just wanted the work intel for its younger reps and never really planned to keep the new, older hire on board.

When companies plug younger workers into jobs and push out 40+ year old workers, the experienced workers should contact our Goodin Abernathy LLP attorneys for an ADEA evaluation.

Contact Goodin Abernathy LLP, and we will tell you how to look for signs of illegal ageism or age discrimination. Consult us and we will explain the legal process for an ADEA or EEOC claim with an eye towards enforcing your legal rights.

Construction Accidents

Construction Accidents

CONSTRUCTION ACCIDENTS


If you or someone you know was injured while working at a construction site, there are typically two areas of law that we use to make your claim.

The FIRST is a worker’s compensation claim. This area of law is for employee claims against their own employers. The law requires the employer to offer these basic benefits:

1) Pay all medical treatment- including the ambulance, hospitals, doctors, physical therapy, medicine and x-rays.

2) Lost Income- if you miss more than 7 days of work in a row, the employer must pay you 66% of your average income. This is called TTD or Temporary Total Disability. These payments can extend if you return to restricted or less hours.

3) PPI- Permanent Partial Impairment- When the doctor says you are finished treating, she or he needs to write a report explaining if your injury caused a long term impairment that affects your ability to work.

The SECOND type of legal claim is for NEGLIGENCE against the general construction company. Unfortunately, a lot of times this legal claim is overlooked and the worker misses out on additional recovery.

So don’t let that happen to you. Share your information and we’ll investigate whether we can help you.

For instance, written construction contracts or legal relationships between the construction firms can require the general contractor to protect your safety.

A negligence claim against the general contractor can help you recover more than the limited benefits allowed by a work comp claim. This can be a VERY important part of your financial recovery.

Take a look at more information about these claims on our website OR just call me, Jim Browne at Goodin Abernathy.

For something really easy, just click the “Do I have a case” button and we’ll look at the specifics of your case.

Goodin Abernathy wants to help – and we’ll put our experience to work for you.

ADA and Dwarfism

What happens to whistleblowers and workers facing discrimination in the work place? Tricia Newbold, a dwarf, claims the White House is freezing her out of a job (see article here).

This story reminds me of one of the best cases, and clients, we’ve helped over the years. It involves an American with Disabilities Act claim and the Equal Employment Opportunity Commission (“EEOC”) – legal areas which Goodin Abernathy LLP is experienced in, litigating cases with earnest to represent our clients.

Our client, “B”, is an Achondroplasia Dwarf. Outside of being a dwarf, B had normal dreams and aspirations like the rest of us had at a young age. B came to us because while she was working at a major restaurant chain, a manager and co-workers discriminated against her. They held her back from a job promotion and occasionally made disparaging remarks about her physical stature. They thought it was funny – but the remarks were mean to B.

B started as a hostess and wanted to get promoted to serving tables. Waitresses made more than those in the hostess position. Although the position required different physical requirements, B was up for the challenge.

The problem was, the restaurant outright denied her requests to be a server. On top of it, they were callous about it. The employer did not take time to consider what our laws say about equal opportunity for all workers. And probably worse yet, they did not take the time to consider the moral issues involved with the situation.

The Americans with Disabilities Act (“ADA”) and its 2008 update, the ADA Amendments Act (“ADAAA”), provide legal protection for disabled workers in our country. Goodin Abernathy LLP submitted a Charge of Discrimination for B with the local EEOC office. When the EEOC gave us a “Right to Sue” letter, we filed a legal complaint against the employer in Federal Court.

We collected evidence in B’s case, showing the employer failed to reasonably communicate with her about the server’s position. Nor did they consider whether reasonable accommodations would have easily allowed B to perform the server’s job. On top of that, our investigation revealed the rude comments by staff and B’s supervisors.

The company’s attorneys fought and complained, but we did not give up. We did not expect a lot. We did not expect for B to retire on the case – but we did expect to win. B recovered financial compensation allowed under the law. And, we won, because as attorneys, we used the law and fought for somebody’s equal rights.

Contact attorney Chip Clark at Goodin Abernathy, LLP with any ADA or EEOC questions you have. Give us a chance to partner with you – fighting for the legal rights you morally deserve.

Dog Bites 101

Dog Bites 101

Dogs have long been known as natural animal companions, or best friends, to many of us. Their unconditional love and loyalty are one of the big reasons why so many people have them as pets. However, not everyone has had good experiences with dogs. In fact, in 2016, State Farm insurance paid $6.4 million in damages in Indiana from dog bite claims. This places Indiana as 8th highest state for dog bite claims for State Farm insurance (note this does not include other insurance companies). Seeing that a dog bite or dog-related injury could happen to you, here are some tips that could help you handle that type of situation.
Pet or Stray?

One of the first actions you will need to take is to try to find the owner or person in custody of the dog that bit you. By finding the person, you can then get their contact information and have them confirm the dog received a rabies shot. If the person in custody of the dog does not own it, it will be important to get contact information for that person and the dog’s owner. If you cannot find the owner or person in custody of the dog, then you should seek medical attention and let the doctor know you were bitten by a stray animal.
Photograph Everything!

A picture is worth a thousand words, so be sure to take more than one. Your insurance company will most likely ask for visual proof of the incident. Be sure to take pictures of the environment and of the physical wound.
Seek Medical Attention

Seek a medical professional to examine the wound. Especially if the dog is a stray, there is a chance the animal has rabies. If not treated quickly, rabies can be fatal to humans. Another reason to seek medical care is to make sure you receive documentation of the type of injuries that occurred.

Animal Control

  • It may also be beneficial for you to call your local animal control agency. It may be able to help you find the dog’s owner or vaccination information.
  • It also wouldn’t hurt to consider seeking legal advice. Those who are bitten by dogs may be entitled to damages such as medical expenses, lost income, cosmetic surgery for scarring, and money to compensation you for pain and suffering.

*Please Note: This article contains legal information but should NOT be considered legal advice. You should consult with an attorney before you rely on this information.*

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At Goodin Abernathy, LLP, we realize the law can be confusing and difficult to navigate. We have been serving Indiana since 1984, with a strong and reliable focus on Personal Injury, Worker’s Compensation and Employment Law. Our team of Indianapolis attorneys is dedicated to providing premiere civil trial services for individuals and small businesses.

If you need assistance with any of these matters, call us for a FREE consultation.

Goodin Abernathy also offers all of these services, in Spanish, to the Indiana Latino community. Haga clic aquí para obtener más información sobre los servicios que brindamos a la comunidad latina de Indiana – Legalmente Hablando Indy.