Are Schools Liable for Playground Injuries to Children?

Posted on March 22, 2022 by admin

Central Indiana weather has seemingly taken an early turn toward Spring this year, allowing students to enjoy recess outdoors more and more. If you have a child attending a public or private school, whether as a preschooler, kindergartner, or fifth-grader, it is very likely that they will be given access to a playground during recess time or after-school programs. With the rise in playground time, accidents and injuries are bound to happen. But what if your child is seriously injured on the playground? Is the school liable for the resulting damages? What if you signed a waiver?

Continue below to learn what you need to know about playground injuries to children and a school’s liability in the matter, plus which Indiana personal injury law firm to contact for further details regarding your unique case.

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Playground Injuries at School

Although playground architecture and technology have come a long way since you were a kid, playground manufacturing defects and design errors are still a risk. Determining liability in these kinds of child injury accidents is more straightforward since it is generally the manufacturer or maker of the playground equipment that is responsible. But sometimes, child injury playground accidents occur as a result of a school’s negligence, not the playground manufacturer. In such cases, determining liability is a different process and largely varies from case to case.

A School’s Liability in Playground Accidents

Negligent supervision of a child can occur if teachers or appointed staff are not properly monitoring children who are playing on playground equipment. If the staff did not use reasonable care to ensure the students were protected and safe from foreseeable harm, they can be deemed negligent in a child injury case. For instance, if a teacher assigned to monitor children at recess leaves the students alone to take a bathroom break, and during that break a child is seriously injured because they were using the equipment incorrectly, this could be considered negligent supervision. The school should almost always have more people supervising, especially since there are multiple students to supervise.

Aside from negligent supervision of children, a school’s negligence can cause playground injuries in other ways. One example would be poor or inadequate maintenance of playground equipment. For instance, if the school was aware or should have been aware that a bolt was loose, missing, or rusted out, but fails to correct the hazard, they can be deemed negligent conduct in a tort case if a child suffers injuries because of it. Or, if the school hires an unqualified contractor or company to repair the playground equipment, and an accident occurs due to improper repairs, the school can be considered negligent in the matter.

Playground Waivers

Virtually all schools, especially those with playgrounds on the premises, require parents and guardians to sign waivers for all registered students. Some schools even require the students to sign or initial these waivers. Such waivers are designed protect a school from any type of legal liability in the case of an accident that happens on school grounds or under the school’s supervision. Although these waivers have legal merit, they are not impenetrable. In similar cases throughout recent history, courts have given such waivers enforceability, but only to a certain extent and if they meet specific criteria.

School waivers might be found not legally binding by a court if they are not clear and explicit in language. If the terms of the waiver are faintly printed, in confusing legal jargon, or hidden in a small paragraph within a massive document, they might also be thrown out by the court. Oppositely, a school waiver might be enforced in the event of a child injury accident if the accident occurred as a result of ordinary negligence, rather than gross negligence.

It is important to consult with a licensed Indianapolis personal injury lawyer about your rights to pursuing legal action after your child was seriously injured at school. They have the knowledge and experience to explain your legal matters in a language you can clearly understand.

Not sure which Indiana law firm to trust with your child injury case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled civil litigator about your child injury accident lawsuit in Indianapolis, Indiana. We represent injured persons throughout the state of Indiana.

Local Indianapolis Personal Injury Law Firm 317-881-2700 — Schedule a Free Consultation!

Top Safety Tips for Celebrating Independence Day

Posted on July 2, 2021 by admin

Around this time every year, friends and families of all ages are preparing to celebrate one of our most beloved and historic national holidays, Independence Day. Among the most traditional and fun-filled festivities planned for the 4th of July, the most common are fireworks and cookouts. However, these two activities are also well-known for posing several serious risks and potential injuries. So, as you prepare to celebrate the Fourth of July this weekend, be sure you are being safe and responsible.

Continue reading to review some of the top safety tips for celebrating Independence Day, and how to learn your rights after being wrongly injured by a Fourth of July related accident in Indiana.

Indianapolis Indiana Burn Injury Lawyers 317-881-2700

Fourth of July Injury Statistics

Fireworks are dangerous, and can cause a wide spectrum of injuries, from minor to major. In fact, the United States Consumer Product Safety Commission reports that around this time of year, an average of 230 people visit the emergency room EVERY DAY as a result of 4^th of July Holiday-related firework injuries.

The most common types of injuries reported by fireworks are burn injuries, which is why it is so vital for children of all ages to be fully supervised while playing with them. Did you know that even sparklers can reach temperatures of up to 2,000 degrees? And of course, children are the top victims of second and third degree burns caused by sparklers and similar fireworks.

Keep in mind that not all Fourth of July injuries are firework-related. Many people celebrate Independence Day with campfires, cookouts, and grilling. As a result, there are many other kinds of burn injuries, smoke injuries, and fire accidents that occur during 4^th of July parties and get-togethers.

Additional types of Fourth of July injuries that are the mostly commonly reported this time of year include loss of hearing, blindness, amputations, smoke inhalation, PTSD, and shock. People have lost eyeballs, fingers, limbs, and suffered permanent scarring or disfigurement.

Important Safety Tips to Follow This Independence Day:

🎆 Monitor and assist children with fireworks at all times. Never allow children to play with fireworks alone, even sparklers.

🎆 Never keep your body parts near a firework. Maintain a safe distance, even when lighting them.

🎆 Immediately back FAR away from a firework after lighting it.

🎆 Never light multiple fireworks at once. Always light one at a time.

🎆 Have a full bucket of water or a hose that is already turned on in the case of a fire.

🎆 Always drench a firework with water before tossing it into the garbage.

🎆 Purchase and use LEGAL fireworks in Indiana.

🎆 If cooking out, monitor the grill at all times.

🎆 Position your grill in an open area away from the house and other structures.

🎆 Follow the grill’s manufacturer’s instructions for safe use.

🎆 Use long-handled grilling tools to avoid burn injuries.

🎆 Do not let children use or turn on the grill.

If you or your loved one is injured, either by a firework, fire, burn, or other type of 4^th of July accident, it is important that you learn your rights to recovering compensation for your damages and losses. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a skilled Indianapolis Indiana accident attorney who truly wants to see you fully compensated after being injured as a result of another’s negligence. We represent injured persons throughout the state of Indiana.

You Might Also Enjoy:

Can I Sue if I Was Burned By a Malfunctioning Firework?
What You Need to Know About Burn Injury Claims
Were You Injured By Fireworks?

Indianapolis Personal Injury Lawyers 317-881-2700 — Schedule a Free Consultation!

Do You Suspect Neglect at Your Loved One’s Nursing Home?

Posted on June 1, 2021 by admin

Whether it’s your parent, grandparent, aunt, uncle, or spouse, having a loved one in a nursing home is an experience filled with emotional highs and lows. But no matter what the circumstance is for you and your family, your loved one should never have to suffer abuse or neglect. If you are concerned that your loved one’s nursing care is not up to standard, or you suspect that neglect is taking place, it is vital that you investigate right away.

Start by spending more in-person time with them and discuss their daily experiences and schedules. This can help you identify the common signs of nursing home neglect and elder abuse. You should also speak with the staff and attending physicians about your concerns as well.

Continue reading to learn what signs to look for that suggest abuse or neglect is taking place, and what you can and should do about it.

Indianapolis Nursing Home Abuse Lawyer 317-881-2700

Nursing Home Neglect Cases

Unfortunately, nursing home abuse and neglect is far too common. There are many types of neglect and abuse that can happen at a nursing home or senior care center, and they usually present themselves in tell-tale signs. However, elders don’t always speak up and notify someone when they are experiencing abuse, neglect, or any other kinds of problems in their care home. When elders are abused or neglected, they often hide it, while many others don’t even realize it’s happening to them. But if you keep a keen eye on your loved one and their habits, you should be able to identify the many signs and symptoms of nursing home abuse and neglect.

Common Types of Nursing Home Neglect and Abuse:

▷ Wrongful Death
▷ Moving Injuries
▷ Inappropriate Use of Restraints
▷ Physical Assault
▷ Sexual Assault
▷ Not Enough Staff
▷ Emotional or Verbal Abuse
▷ Medication Malpractice
▷ Failure to Use Bed Rails Causing Falls
▷ Failure to Remove Elders from Wheelchairs Properly
▷ Prolonged Isolation or Abandonment
▷ Neglect (allowing/ignoring self-harm, etc.)
▷ Hygienic Neglect
▷ Unqualified Staff
▷ Financial Abuse
▷ Inattentive Staff (slip and falls, leaving the facility, simply not caring, etc.)

How to Identify the Signs of Nursing Home Neglect and Elder Abuse:

▷ Staff advising of Self-Harming/Self-Abuse
▷ Depression
▷ Mood Instability
▷ Personality Changes
▷ Poor Hygiene
▷ Financial Inconsistencies/Problems
▷ Missing Money
▷ Malnutrition
▷ Extreme Weight Loss
▷ Severe Dehydration
▷ Bed Sores
▷ Orthopedic Fractures
▷ Unexplained Injuries or Bruises
▷ Missing Valuables
▷ Prolonged Isolation or Abandonment

What to Do if Your Loved One is Showing Signs of Elder Abuse or Neglect

If you suspect your elder is being abused, neglected, or mistreated at their assisted living center, your first step is to contact a seasoned and trusted Indiana nursing home neglect lawyer to learn your rights and best course of action. They have the resources and experience to implement proper investigation, information gathering, and questioning that will lead to proving fault and damages. You could obtain substantial compensation for your loved one’s losses, including pain and suffering and mental anguish. You should always take photos and keep notes on names of persons involved, dates and issues to go over with your attorney.

Are you ready to obtain justice for your abused or neglected loved one? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with an experienced nursing home neglect lawyer in Indianapolis, Indiana. We represent clients all throughout the state, and never collect attorney fees unless we prevail for you.

You Should Read:

FAQS Regarding Nursing Home Abuse and Neglect
Are Bed Rails a Safety Concern for the Elderly?
Fractured Hip Injuries and Elderly Slip and Fall Accidents

Facts About Secondary Liability and Indirect Infringement

Posted on December 11, 2020 by admin

If you have recently become involved in a personal injury lawsuit, one of the most fundamental aspects of your case will be the question of liability. Although it can be quite simple establishing liability in a straightforward accident claim, such as a drunk driver crossing onto a sidewalk and hitting a pedestrian, there are some claims that involve different kinds of liability, like vicarious and contributory liability. This can make it more of a challenge identifying who is at fault for an accident. As an accident victim, you might not realize who might be liable for your damages.

Continue reading to learn more about vicarious and contributory liabilities, and how to get started on your Indiana accident claim.

Indiana Personal Injury Lawyers 317-881-2700

Secondary Liability is the Same as Indirect Infringement

Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability, and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and more, but these cases are generally infrequent and more complex. The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in civil courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement.

Vicarious Liability Law Basics

You will find vicarious liability within the respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability lawsuit would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents could be held legally accountable for their child’s actions, as well as the victim’s damages, under negligent supervision laws. In such a case, the parents home owner’ liability insurance company could contractually be obligated to pay any verdict against the parents, up to the insurance policy limits.

Contributory Liability

Contributory liability holds a third party legally responsible for another’s actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can possibly be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun might be held legally responsible for the infringements involving the gun under contributory liability, depending upon the specific facts of the case.

Where to Get Legal Advice for Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights to full and fair compensation after suffering damages as a result of a personal injury accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in personal injury law, and can obtain the maximum settlement for your claim. It is important to act fast after being injured in an accident, because the sooner you act, the more likely you are to win your claim and recover compensation for your damages as critical evidence will need to be obtained. Schedule a free initial consultation, over the phone, online, or in person at our Indianapolis personal injury office.

What are Future Damages in a Wrongful Death Case?

Posted on November 13, 2020 by admin

After the wrongful death of a family member, damages awarded in a personal injury claim are meant to cover any losses that resulted from the family’s loss. There are many different types of losses that a family can suffer as a result of a wrongful death, from medical expenses and hospital bills, to funeral costs, loss of pension, loss of social security benefits, and much more. If you have just recently lost a loved one in a wrongful death accident, contact a personal injury lawyer as soon as possible to learn your rights to pursuing legal action against the negligent party or parties and their insurance carriers. You and your family could be entitled to certain future damages.

Continue below to review what future damages are and where to find trusted legal counsel near you.

Indianapolis Indiana Wrongful Death Lawyer 317-881-2700

Wrongful Death Claims

In a wrongful death case, certain family member s can file a claim for compensation to cover their direct losses, such as medical bills and funeral costs. These are easily calculated because they are direct financial payments that were made as a result of wrongly losing a family member. However, many families of wrongful death victims will qualify for other types of damages, such as future damages, which can be more difficult to quantify, yet deserve compensation, nonetheless.

Future Damages and Present Value

The most common future damages awarded in wrongful death cases are loss of future wages, loss of retirement benefits, and loss of pension. These damages can be calculated, and then added to a current settlement in present value. Present value is the total amount of compensation for current and future losses, but in today’s dollar value. Fifty years ago, a dollar had more value than it does today, so the same principal applies to present value calculations. Present value estimations must take into consideration certain factors in order to develop an accurate amount of compensation, such as interest rates, tax credits, inflation, and similar economic influences.

Such legal concepts are not easily understood by anyone not in the legal profession. It is important to discuss all of your questions and concerns with an Indiana personal injury attorney who specializes in wrongful death claims. We have the knowledge, skills, and professional resources to explain your case in a language someone can easily understand. If you have a good case, we will work hard to recover the maximum settlement or verdict for your claim.

Indiana Wrongful Death Lawyers Who Will Obtain the Settlement Your Loved One Would Want You to Have

Call the Law Office of Craven, Hoover, and Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with an experienced wrongful death lawyer in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after losing a loved one in a wrongful accident. Call 317-881-2700 to get started today.

Common Signs and Symptoms of Nursing Home Elder Abuse

Posted on September 18, 2020 by admin

If your loved one is currently living in a nursing home, or will be entering one soon, it is important to you that they are being cared for to the best of the staff’s abilities. Unfortunately, the industry’s employment turnover rate is high, and it is difficult for many establishments to retain a sufficient staff of fully-qualified caregivers. For these reasons, it is common for seniors to experience different levels of abuse and neglect. So how do you know your loved one is in good hands? There are various signs of nursing home abuse and neglect that you can look out for if you suspect any maltreatment is taking place.

Continue reading to learn more about elder abuse and neglect, including common signs exhibited by patients, as well as, which steps to take if you are concerned about the standard of care at your loved one’s Indiana care facility.

Indianapolis Elderly Abuse Lawyers 317-881-2700

What is Nursing Home Abuse and Neglect?

It is important to understand that the circumstances surrounding neglect can vary greatly, especially since it can happen both intentionally and unintentionally. Sometimes, a staff member is unaware of the level of care a patient requires because they are insufficiently trained, and as a result, neglect to meet the patient’s nursing needs, resulting in harm to the patient. In other cases, a staff member might be in denial about a patient’s true needs, or simply refuse to provide certain levels of treatment because they think it’s unnecessary. In egregious cases, staff deliberately abuse elderly patients, verbally, mentally, emotionally, or physically. Yet, regardless of intention, it is 100% immoral, unethical, unacceptable, and against the law.

Common Types of Elder Neglect

➤ Emotional – This type of disregard for a patient can occur in many forms, such as being yelled at or ignored or left alone for long periods of time. Verbal and mental abuse are also common examples of emotional neglect.

➤ Basic Needs – When a patient’s basic needs are not being met, whether intentional or unintentional, it can be described as basic needs neglect. Basic needs include things like food, water, bathroom, and being kept in a safe environment.

➤ Medical – Medical neglect can occur when a patient’s medical needs are not being met. This includes medical treatments, medications, or general attention and supervision.

➤ Personal Hygiene – Personal hygiene neglect can be another form of basic needs neglect. It can occur when a patient is denied the proper bathing, grooming, clothing changes, and other standard hygienic practices.

Possible Signs of Elder Neglect

The signs of elder abuse and neglect can be very obvious, entirely undetectable, or somewhere in between. It is important to pay close attention to your loved one in order to evaluate their quality of life and the level of care they are being given. Possible signs of elder abuse or neglect include poor hygiene, weight loss, mood changes, unexplained or mysterious injuries, decreased muscle strength, stiffness or lack of mobility, unsanitary conditions in the home, reduced interest in activities or companionship, anxiety, depression, and other drastic physical or emotional changes.

If you suspect that your loved one is a victim of elder abuse or nursing home neglect, it is important to discuss your concerns with a licensed Indiana personal injury lawyer right away. They can help you understand your legal options and recommend the best course of action for protecting your loved one.

Indianapolis Indiana Elder Abuse Lawyers Who Can Help Your Loved One

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a personal injury lawyer about making a nursing home neglect claim in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are extensively experienced and well-versed in Indiana elder abuse law, and can stand up to the insurance company and demand the maximum offer for your loved one’s damages. We offer free initial consultations to discuss your case and determine if you are entitled to remuneration for your family’s damages. As an added convenience for our clients, we never collect lawyer fees unless we obtain a settlement or verdict.

An Overview of Indiana Negligence Laws

Posted on November 29, 2019 by admin

As a personal injury victim who has a claim, you shouldn’t have to decipher through complex legalese just to be sure your rights are being protected. Although the best course of action is to consult with an attorney who specializes in accident and personal injury law in order to fully understand your claim, it also helps to review some important principles of negligence law yourself.

Continue reading for a basic overview of Indiana’s negligence laws.

Negligence Law in Indiana

“Legal negligence” occurs when a person or corporation owes a duty of care to another person, and fails to uphold that duty, therefore becoming responsible for any subsequent injuries, damages, or losses. For instance, a drunk driver who fails to stop at a red light will be held liable under negligence law for the injured victim’s damages and losses. See Indiana Code Title 34, Section 51-2-5, et seq. for details regarding state negligence ordinances. The insurance company for the drunk driver would pay for any damages assessed against the drunk driver.

Proving Negligence

Here in Indiana, the plaintiff in a personal injury lawsuit (the victim), holds the burden of proving negligence. There are some central elements to a negligence case, and a personal injury victim must be able to prove that these elements exist:

✦ The defendant owed the plaintiff a duty of care.

✦ The defendant breached their duty of care.

✦ If it weren’t for the defendant’s breach, the plaintiff would not have suffered harm.

✦ The defendant’s breached duty of care was a responsible cause of the plaintiff’s injuries.

✦ Any reasonable person would have been able to foresee the accident could have occurred.

✦ As a result of the incident, the plaintiff suffered damages and losses.

Personal Injury Damages

Damages and losses include both economic and non-economic damages. Losses that can be defined by an actual dollar amount and redeemed through financial compensation are considered economic damages, such as hospital, medical expenses, lost wages, and anything else that was a direct financial loss to the victim or their family. Non-economic damages are awarded for emotional or mental losses and tribulations, such as pain and suffering, mental anguish, loss of consortium, permanent disabilities and more.

Contributory Negligence

For cases in which a plaintiff is partially responsible for their injuries, Indiana uses the contributory negligence legal principle. Contributory negligence, also known as “comparative fault”, is the legal concept that refers to the situation in which an injured person is a contributing factor to their injuries. This is common in motor vehicle accidents and slip and fall accidents. In contrast, comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent.

Statutes of Limitations

Here in Indiana, the law gives personal injury claimants 2 years from the date of the incident to make a claim against the at-fault party in most situations. See our blog, “Is it Too Late For Me to Make a Personal Injury Claim?” to learn more about our state’s statute of limitations. Applicable time limits are substantially less, depending upon who the at-fault party is, so it is very important to call an injury attorney as soon as you have been able to obtain your initial treatment for your injuries.

Indianapolis Personal Injury Attorneys Who Will Fight For Your Rights

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

At What Age Can a Child Be Left Home Alone?

Posted on November 1, 2019 by admin

Do you remember how old you were when you stopped needing a babysitter? It is common for parents to question how old their children should be before leaving them home alone. Children vary in intellect, maturity, and emotional intelligence, so no one situation is the same. One 10 year old might be perfectly capable of being left alone for a few hours, while another in comparison might not.

So which age constitutes child neglect? If you are wondering what age is an appropriate age to be left unsupervised, continue reading to learn what social workers, pediatricians, and other parents like yourself are saying.

Indiana Child Injury Lawyers 317-881-2700

Social Workers

According to a survey given to 485 members of the National Association of Social Workers, the majority of social workers surveyed agreed that 12 years old is generally a safe age to be left unsupervised. However, a small percentage of social workers suggested that leaving a 12 year old home alone would be child neglect, while an even smaller percentage thought leaving a 14 year old home alone would also be negligent. In the same group of social workers surveyed, almost all agreed that 6 years old was too young to be left home alone, 83% agreed that 8 years old was too young, and 10% thought 10 years old was too young.

Pediatricians

Dr. Charles Jennissen, a clinical professor of pediatrics and emergency medicine at the University of Iowa Carver College of Medicine in Iowa City, suggests that 12 years old is an acceptable age to leave a child unsupervised for a short amount of time. According to him, “Every child is different, of course, and every situation may be different, but overall these social workers say that kids really shouldn’t be home alone under the age of at least 12.” He went on to say, ““I think in that 10- to 12-year age, depending on your child and so forth, one can start thinking about whether it’s OK or not to leave them home alone (…) it depends a lot on the situation. (…) Some kids may not be developmentally ready to be home alone for certain periods or they may have health concerns that make being left unsupervised a bad idea.”

According to Dr. Suzanne Haney, chair of the American Academy of Pediatrics Council on Child Abuse and Neglect and the division chief of child abuse pediatrics at the University of Nebraska Medical Center in Omaha, “I certainly agree that 12 years of age and up for the most part, depending on how they are developmentally, is probably OK, but there also are 12-year-olds who are not able to handle it (…) so it’s really hard to give a safe age because of all the factors that play into it. We have lots of kids who have learning disabilities or cognitive disabilities or behavioral issues and they may be 14 and they’re not safe.”

Read Original Article From NBC News, here.

Negligent Supervision Laws in Indiana

Most states do not have laws that govern leaving a child home alone. However, all states have negligent supervision laws, which might limit when and when you cannot leave a child home alone. Furthermore, these laws govern the limit to whom you can leave your child in the supervision of, and to what extent. You see, anyone appointed the responsibility of caring for the safety and well-being of a minor (under the age of 18) also has a legal duty of care. If someone in a similar role neglects this duty of care in a way that causes a minor harm, they can be held legally responsible for the damages and losses suffered at the hands of the victim, and perhaps even their extended families. See our blog, “Defining “Duty of Care” in a Personal Injury Lawsuit” to learn more about your duty of care.

Was Your Child Left Unattended in a Negligent Way?

Ultimately, it comes down to your best judgement as a parent. Not only must you decide when your child is ready to be left home alone, you must also decide who is qualified to look after your child in your absence. If you believe your child was injured as a result of negligent supervision, whether with a teacher, daycare, babysitter, or friend, contact an Indianapolis personal injury lawyer to discuss your case and the best strategies for recovering compensation for your and your child’s damages and losses.

Indianapolis Child Injury Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our licensed Indianapolis child injury lawyers who can determine the best strategies for your child injury lawsuit. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

What To Do if You Suspect Nursing Home Abuse or Neglect

Posted on October 25, 2019 by admin

When you suspect misconduct or abuse in your loved one’s care facility, it is important to take action fast before any more harm can be done. But many people are insure how to investigate or report nursing home abuse to the proper authorities.

If you are concerned that a loved one is being mistreated or neglected at their live-in care facility, continue reading to learn how to spot the signs, where to report your concerns, and what legal options you might have for recovering compensation for your and your loved one’s damages and losses.

Indianapolis Nursing Home Neglect Lawyers 317-881-2700

Nursing Home Abuse

Nursing home and live-in care facility abuse can come in many forms and in various environments. However, virtually all forms of nursing home abuse fall into one or more of four primary categories: financial abuse, physical abuse, emotional abuse, and financial exploitation. Within these primary categories lies a long list of possible misconducts and neglectful actions.

Most often, neglect plays a major role in all these situations; and although it can also come in many forms, neglect is basically a failure to provide adequate food, shelter, clothing, hygiene, and/or health care for a resident. It is also important to note that such situations of live-in care facility neglect can happen to non-elderly individuals, such as those with mental and physical handicaps and special needs.

Nursing Home Abuse Statistics

According to a study conducted and documented by the National Center on Elder Abuse (NCEA) in 2000, of all the nursing home residents surveyed, 44% claimed they had experienced some form of abuse or maltreatment within the past 12 months. In the same study, more than 95% of the residents interviewed stated they have witnessed some form of neglect or suffered neglect themselves within the past year. Even more troubling, the National Center on Elder Abuse also reported that 1 out of 24 cases of nursing home neglect and abuse are actually reported.

Signs of Nursing Home Mistreatment

There are numerous signs to look out for if you suspect that a resident is being mistreated or neglected in some way at their live-in care facility. Signs of physical or sexual abuse are easier to identify, as they often come in the form of bruises, wounds, broken bones, depression, fear, anxiety, social withdrawal, and even unexplained sexually transmitted diseases. Mental and emotional abuse are a bit more challenging to spot unless you take a closer look. Signs of emotional abuse can reveal itself in the form of fear, anxiety, depression, mood swings, lack of energy, withdrawal from social circles, and similar uncharacteristic changes in behavior.

Signs of financial abuse and exploitation can also come in many forms. If a care giver withholds affordable amenities and comforts in their dwelling, or has control over one’s finances but fails to provide for their ward, it is a form of abuse. Other signs a victim might show include uncharacteristically excessive gift-giving, financial payouts for companionship, signing over power of attorney or will without understanding the transaction, and similar actions.

Basic neglect entails conditions and actions such as:

Failure to provide…

► Basic hygiene or appropriate clothing;
► Appropriate clothing;
► Nutritional food;
► Medical aids (i.e. Glasses, cane, walker, dentures, hearing aid, or medications);
► Clean and safe dwelling;
► Adequate facilities (i.e. kitchen appliances, HVAC, plumbing, electricity)

Actions such as….

► Leaving a resident with dementia unsupervised;
► Confining a resident in bed without care;
► Not treating bed sores or pressure ulcers;

How to Report Nursing Home Abuse

If you feel that your loved one’s situation or condition is an emergency, contact 911 right away.

If you strongly suspect that your loved one is not being adequately cared for in their nursing home or live-in care facility, your first priority is to get in touch with a professional who can represent your family’s best interests. You can choose to contact Adult Protective Services (APS), or visit the National Council on Child Abuse and Family Violence website for a list of elder abuse reporting hotlines in Indiana. You also have the option of using the U.S. Administration on Aging Eldercare Locator, which can connect you to services for elder care and more.

Once you know your loved one is safe, contact a nursing home abuse lawyer for information on your rights to recovering compensation for your damages and losses, such as medical bills, hospital expenses, lost wages, prolonged therapy, restitution, and more.

Indiana Elder Abuse Lawyers You Can Trust

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed Indiana nursing home neglect lawyer about your loved one’s live-in care facility conditions and experiences. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed and experienced in elder abuse law. We offer free initial consultations to discuss your case and determine if you are entitled to remuneration for your family’s damages. Also, we never collect lawyer fees unless we prevail for you!

Common Examples of Negligent Supervision of Employees

Posted on October 1, 2019 by admin

Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.

Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.

Negligent Supervision Lawyer 317-881-2700

Negligent Supervision of Employees

Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.

Examples of Employee Negligent Supervision:

❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.

❖ An employer allows or ignores sexual advances or harassment of another employee.

❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.

❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.

❖ An employer allows a convicted child sex offender to be alone with minors.

Proving Negligence

As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:

➊ The defendant had a duty of care, or legal obligation to monitor the victim.

➋ The defendant failed to uphold their duty of care.

➌ The failure to uphold their duty of care caused the victim to suffer damages.

➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.

In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.

Indianapolis Negligent Supervision Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.