Legal Question in Personal Injury in Indiana

Sally fires up an old outdoor cast iron incinerator made by the Milwaukee Brass Company. the incinerator had been purchased new when the first owner had built the manor house on the estate. This model had been fully guaranteed for life for all of its products against any malfunction. The prior owners had stopped using the incinerator in 1979 when the clean air act was passed which required all incinerators over a certain capacity to be permitted. The incinerator's flu stuck momentarily causing the fire box to belch out a plume of hot gas and embers. one ember landed on a cow belonging to a poor farmer. the cow began to smolder and it ran to the barn where it was able to shake the ember loose. The ember landed in the hay and burnt the barn down and spread to the field where it was recently sprayed with pesticide which burnt and constructed a toxic cloud that traveled two miles to a local gun club which was having its annual outing. fourteen members and their families inhaled the fumes and had to be hospitalized. Who gets sued and what do they get sued for?


Asked on 12/04/12, 9:57 pm

3 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

Sally should talk to an attorney in her community about her injuries, and this question can be answered by him or her. Since phrases like "manor house" or "poor farmer" read more like a question on a law student's exam, it would probably be a waste of time for an attorney volunteering their time for folks who can not afford legal assistance to spend their time on this posting.

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Answered on 12/05/12, 7:59 am
Voyle A. Glover Attorney at Law

I think Jay and myself should file a class action against those who post such nonsense. Or, I guess we could sue the cow. and her breeder since the cow is clearly a descendant of the Chicago cow. Suspect the cow was an inheritance and the heir was clueless. Also suspect that this question is from a law student who has sat in on one too many tort classes and didn't do too well and is now seeking answers the easy way.

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Answered on 12/05/12, 10:44 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

I dont know about Jay and Voyle but I think based on the facts presented that you should sue your ethics professor and law school.

Please note that this is not legal advice and no attorney relationship exists between us.

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Answered on 12/21/12, 8:10 am


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