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Indiana Court of Appeals Finds No Legal Duty

Guy DiMartino
Oct. 31, 2014

Northwest Indiana personal injury lawyer discusses why if there is no legal duty there is no personal injury case.

I have discussed the importance of being able to show that an injured person has to show the other party owed them a legal duty before they can receive monies for their personal injury. A recent case decided by the Indiana Court of Appeals shows how this concept works in real cases.

In Haggerty v. Hoosier Energy Electric Coop, Haggerty worked for a company that contracted with the Coop to clean at an Indiana generating statement. While Haggerty and another C &K worker were vacuuming, the hose came out of the co-worker's hand and hit Haggerty in the face causing injury. The Coop did not own the equipment used by Haggerty and the co-worker.

Haggerty filed suit against the Coop for his injuries and the Coop asked the trial court to dismiss the case arguing that it did not owe Haggerty a duty of care. The trial court agreed with the Coop and dismissed the case. You may ask why Haggerty made a claim against the Coop?

I would say that he probably made the claim against the Coop because the only other claim would be against the company that Haggerty worked for and that would covered under worker's compensation.

Many times when attorneys take personal injury cases, they do their best to try to find an avenue of compensation for the client. In this case, I'm sure there was a reason to proceed against the Coop, which is not reported in court's opinion.

Indiana personal injury law can be complex at times. If you have any questions about a Northwest Indiana personal injury claim, you can call our Michigan City personal injury lawyers or fill out the internet consultation form on the right.