Indiana Laws Regarding Asbestos

Homes and structures built during the 20th century might contain a highly hazardous contaminant known as asbestos. If you believe you have been exposed to asbestos, whether as a tenant in a rented home, or an employee of a company making renovations, it is important to seek medical attention right away by a licensed and practicing physician.

Continue reading to learn the states laws and regulations regarding asbestos, including when a victim of asbestos exposure might be entitled to compensation for their damages.

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Indiana Asbestos Accident Lawyers 317-636-7497

The Dangers of Asbestos Exposure

Asbestos is a fibrous mineral that was used heavily in 20th century construction. Because asbestos seemed to retain useful qualities for construction, such as high heat-resistance, strength, and insulating properties, it was often used to build homes, buildings, barns, and more during the early 1900’s. However, after several decades, it became apparent that asbestos exposure was linked to certain health hazards. By the 1970’s, both state and federal government were regulating the application, removal, and disposal of asbestos. By 1990, both asbestos and asbestos-containing material (ACM) were officially banned in most states.

Asbestos exposure is dangerous because, upon inhalation, it has been proven to potentially cause a long list of serious health complications and illnesses, including cancers like mesothelioma and lung cancer, as well as a disease known as asbestosis, which is an irreversible scarring of the lungs, similar to emphysema.

Asbestos is most dangerous when it is disturbed in some way, usually by construction, demolition, or renovation. When this happens, it releases hazardous asbestos fibers into the air, which can be unknowingly inhaled by anyone in the vicinity. Undisturbed asbestos is not considered as dangerous, and in states where it is not banned, structures like popcorn ceilings are often made with asbestos-containing material (ACM).

Asbestos Laws in Indiana

Here in Indiana, there are many laws and regulations that have been enacted by both state and federal governments to protect the general public from the hazards of asbestos. For instance, all buildings (excluding residential ones with no more than 4 dwellings) must be inspected for asbestos by a licensed Indiana inspector before any renovations or constructions can ensue. As for residential homeowners, it is required by state and federal law to properly contain and dispose of asbestos in a manner that will not harm the general public or surrounding environment.

Asbestos Injury Claims

If you believe you or someone you love was unknowingly exposed to dangerous levels of asbestos as a result of someone else’s negligence, and are now suffering from serious health complications, it is wise to speak with a seasoned Indiana personal injury lawyer who can help you devise the best course of action for recovering compensation for your medical bills and more.

Your Leading Indiana Asbestos Lawyers

Would you like to learn more about your asbestos injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your premises liability accident claim.We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation, today.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Were You Injured After Being Over-Served Alcohol?

When it comes to honoring special occasions, it is important to celebrate responsibly, whether hosting a party or going to one. So, if you were injured in an accident after being over-served alcohol as a guest of someone else, or at a bar or restaurant, you may be entitled to certain compensation to cover your medical bills, lost wages, and related damages.

Continue reading to learn how a host of a party can be held legally liable for the actions of their drunken guests, as well as, where to learn more about your potential personal injury case.

Personal Injury Law Firm Indianapolis Indiana 317-636-7497
Civil Litigators Indianapolis Indiana 317-636-7497

Social Hosting and Liability

Informally known as “social host liability”, those who host parties might be held responsible for the actions of their drunken guests under law. Whether a guest got in a car accident, suffered alcohol poisoning, or was a minor, all after being served too much, the provider of the alcohol could face legal repercussions, both civilly and criminally, depending on the state and the circumstances of the case.

You see, these social host liability laws differ from state to state. There are some states do not have any laws regarding social host liability at all, so in the case of an accident, the host of the party would not be held liable for any damages that occurred as a result of their guest’s intoxication. Some states do have laws, but the laws do not hold hosts liable. Others have laws that specify detailed circumstances in which a host would be liable.   

States like California and New York, for instance, have laws the protect social hosts from any liability, stating that the legal cause of damages is alcohol consuming, not providing. Then there are states like New Jersey that give victims of drunk driving accidents legal recourse to recover damages from a social host under certain circumstances, such as the host gave a visibly intoxicated guest more alcohol that created an “unreasonable risk of foreseeable harm”.

For states like North Carolina, no laws exist regarding social host liability, therefore, hosts cannot be sued for damages incurred by guests that became inebriated at their party. However, negligence laws do still apply, which means victims could still have another legal recourse to collect compensation for their damages. In this case, the victim would have to prove negligence by showing that the host failed to act reasonably, as the average person would, by giving the guest alcohol, and that providing the alcohol was the direct cause “of the victim’s damages.

Dram Shop Laws

When an establishment is negligent in over-serving their guests or patron’s alcohol, they can be held legally responsible under Dram Shop Laws. Most states have Dram Shop laws, which are intended to give victims an opportunity to sue for damages.

Indiana and Social Host Liability

Here in Indiana, social host laws are outlined in Indiana Code 7.1-5-7-8. These laws do not directly pertain to adult guests. Instead, Indiana social host liability laws govern serving alcohol to minors. Not only is it a crime under state and federal law, but the hosts can also face a civil lawsuit brought on by the guardians of the minor.

For adults who are over-served at a party, there are still laws that protect victims, such as negligence laws, dram shop laws, and premise liability laws. According to Indianapolis Defense Lawyer Jack Crawford, “Some folks think, ‘hey, you came to my party. I wasn’t charging you drinks, you were helping yourself out in the kitchen I don’t know what kind of condition you are, so I don’t have any legal responsibility.’ That’s not true. (….) If that person leaves your party in a visibly intoxicated state, stumbling and slurring their speech and you know they’re the driver, if they get involved in a traffic accident and injure someone or cause property damage, or even worse cause someone’s death, then the family of the victim can come against your homeowner’s insurance policy,”

Would you like to learn more about your Indianapolis personal injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your pedestrian accident claim.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Can I Sue For Invasion of Privacy?

Your privacy is an inherent right that does not have to be earned or granted. For this reason, it is not okay for a person’s personal information to be revealed to the public in an offensive or embarrassing way. Because of the ongoing growth of online technology, social media platforms, and media, it is easier than it has ever been before to infringe on a person’s privacy. Aside from the internet and media, conduct can also invade a person’s right to privacy. It is important to understand invasion of privacy laws, including how to affirm your rights if you or a loved one ever becomes a victim to such violation. This especially important since these laws vary greatly from state to state.

Continue reading to learn a brief explanation of the four most common types of invasion of privacy claims, and what you can do if you believe your rights have been violated.

Civil Litigators Indianapolis Indiana
Civil Litigators Indianapolis Indiana 317-636-7497

Four Types of Invasion of Privacy Claims

False Light

A person has the right to not have their personal information revealed to the public in a deceptive or misleading way that portrays them in a “false light.” A false light cause of action is different from defamation because the information is true. For example, a neighborhood newsletter prints an article highlighting an admired local business owner, but places it right next to a large picture of a fugitive child abductor in a way that makes the business owner look like the profiled criminal, and as a result, his business and personal life suffer.

Public Disclosure of Private Facts

A person has the right to confidentiality over the specifics of their private life. A victim may have an invasion of privacy claim under if they reveal a secret about their private life to someone, and then that person discloses the secret to the public. Unfortunately, not all states recognize this type of cause of action, such as New York and Los Angeles. For example, a person reveals their sexuality to their boss, and then their boss publicly reveals it to the rest of the office or company.

Intrusion of Solitude

Intrusion of solitude describes a person’s right to not have their visible or physical privacy infringed or violated. This is most commonly seen in cases of stalkers, bullies, harassers, peeping toms (voyeurs), and intimidators. It is also common when someone snoops through another person’s private documents. For instance, a person learns that their neighbor has been secretly taking unflattering or undressed photographs of you and uploading them to his public website.

Appropriation of Name or Likeness

To have a valid claim for appropriation of name or likeness cause of action, a person must use your name or image as their own, without permission, for the purpose of benefiting in some way, whether commercially or non-commercially. This can include a person’s picture, portrait, voice, signature, or name. For example, a person uses a cancer patient’s picture and name to create a “Go-Fund-Me” page and earn money.

If you are concerned that your privacy has been violated in a manner that has negatively affected your reputation or character, it is important to discuss your questions with an experienced Indianapolis Indiana personal injury lawyer who can help you determine the best course of action for your losses and damages. Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation and learn your eligibility for pursing legal action, today.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497