Staying Afloat: What You Need to Know About Drowning Accidents

Posted on August 15, 2023 by admin

Drowning accidents can turn a day of fun into a devastating tragedy within seconds. Whether at a public pool, a private swimming pool, or a beach, the risk is always present. Understanding the causes, implications, and preventative measures of these accidents is crucial to ensure safety for yourself, others and your loved ones.

This blog post discusses some of the need-to-know harsh realities behind drowning accidents and swimming pool accidents. It will also guide you on how to file a personal injury or wrongful death claim if you tragically find yourself on the receiving end of such an unfortunate incident. Continue reading to get started.

Call 317-881-2700 to Speak With a Drowning Accident Attorney in Indianapolis Indiana

Some Causes of Drowning Accidents

Drowning accidents can be caused by a variety of factors, some more obvious than others. Some causes of drowning incidents include:

▶ A lack or proper supervision

▶ Inadequate or malfunctioning pool safety equipment

▶ Inattention to water conditions (including the presence of strong currents and sheer number of swimmers) by lifeguards and other staff

▶ Electrical shock caused by defective wiring in a swimming pool or other aquatic environment

▶ Other malfunctioning or inappropriate pool equipment

Consequences of Drowning Accidents

A drowning accident can have devastating consequences for those involved. In addition to the physical and emotional trauma caused by a swimming pool or open water incident (lake, pond, creek, river, ocean, etc.), there are also legal implications that must be taken into account. Depending on the circumstances surrounding the accident, it may be possible to file a personal injury or wrongful death claim in order to help cover medical costs and more, as well as obtain financial compensation for the victim or loved ones of the victim.

Preventative Measures

To prevent drowning accidents, it is important to take safety measures and remain vigilant when in or near water. These may include:

…providing adequate supervision for all swimmers and especially children or inexperienced swimmers (especially those under the age of 16).

…making sure that all pool safety equipment such as life preservers, pool alarms, and emergency flotation devices are properly provided, installed and maintained.

…ensuring that electrical wiring in a swimming pool or other aquatic environment is up to date and functioning correctly.

…paying attention to signs of strong currents or inclement weather conditions when swimming outdoors by lifeguards and other staff

…properly providing and maintaining all pool equipment

…provide enough certified lifeguards for the conditions and number of swimmers given the conditions then existing

Wrongful Death Claims

If a loved one has tragically passed away due to a drowning accident, it may be possible to file a wrongful death claim. In doing so, you can help cover medical costs and/or obtain financial compensation for the victim’s family. A wrongful death claim involves proving that the defendant was at fault or negligent in some way, so it is important to seek qualified legal counsel when considering this type of claim. Be sure to consult with an experienced wrongful death lawyer in Indiana for professional legal advice.

Personal Injury Claim of the Victim

If you or a loved one has suffered injury due to a drowning accident, it may be possible to file a personal injury claim. In doing so, you can help cover medical costs and/or obtain financial compensation and pain and suffering and other damages for the victim. A personal injury claim claim involves proving that the defendant was at fault or negligent in some way, so it is important to seek qualified legal counsel when considering this type of claim. Be sure to consult with an experienced personal injury attorney for professional legal advice.

Open Water Accidents

It is also important to be aware of other dangers associated with water sports, such as boating accidents or electrocution caused by electricity in aquatic environments. Boating accidents can occur due to a variety of factors, including but not limited to inexperienced or impaired boaters, equipment failure, and bad weather. To prevent boating accidents, it is essential to always wear a life jacket when on a boat, as well as to check the safety of the vessel before setting out. The boat captain is ultimately responsible for safety.

When it comes to electrocution in aquatic situations, it is important to be aware of the dangers posed by faulty wiring in and around swimming pools. Wiring that has been damaged or exposed due to corrosion or age can lead to deadly shocks. Therefore, it is essential to regularly inspect the pool’s electrical components to ensure safety and prevent electrocution hazards.

In Summary

It is crucial to remain vigilant when it comes to water sports and aquatic environments, as the consequences of a tragedy can be life-altering. Taking preventative measures and understanding the implications of these incidents is key for staying safe and afloat.

If you have been affected by a drowning accident or any other type of water-related incident, it is important to seek legal advice from an experienced personal injury lawyer in order to understand your rights as well as any personal injury or wrongful death claims that you may be able to file. Knowing the ins and outs of drowning accidents and other aquatic dangers can help you stay safe both in and out of the water.

Are you looking for help with your swimming pool accident or drowning accident claim as a Hoosier? Contact Craven, Hoover, and Blazek P.C. to schedule a free case evaluation with a seasoned Indiana civil litigator who is well-versed in child injury accidents, boati n g accidents, drowning accidents, personal injuries and wrongful deaths. Meet at our Indianapolis personal injury law firm, or engage with us over the phone, via internet, or at your place of inpatient medical care. No need to travel and no upfront fees. Call 317-881-2700 today while your timeclock for pursuing legal action still runs.

The Dangers of Unsupervised Swimming: What Parents Need to Know

Posted on June 20, 2023 by admin

Swimming pools are a great way to cool off in the summer and have fun with friends and family. But parents should always be aware of the potential dangers that can come from unsupervised swimming. Every year, hundreds of children drown or suffer serious injuries due to negligent supervision or premises liability issues related to swimming pools. In this blog post, we’ll discuss what parents need to know about the risks associated with unsupervised swimming and how they can help keep their kids safe while enjoying themselves at the pool.

Call 317-881-2700 to Speak With a Drowning Accident Lawyer in Indiana

Swimming Pool Safety Advice That All Parents Need to Know

Swimming pools can be a source of great fun and relaxation, but they can also be dangerous. When it comes to swimming pool accidents, liability could fall on the property owner or the supervisor of the area. Premises liability refers to the responsibility of a property owner to provide a safe environment for guests. If a pool has hazards or insufficient safety measures, the owner may be liable for any accidents that occur. Negligent supervision also plays a role in swimming pool accidents. Lifeguards and supervisors have the responsibility of keeping swimmers safe and preventing accidents. Failure to properly supervise could result in serious injury or even death.

It is important for pool owners and supervisors to take appropriate safety measures to prevent accidents and ensure the safety of all swimmers. Here are some key considerations:

Understand the Real Risk of Drowning

First, parents need to understand that drowning can happen quickly and silently. It only takes a few seconds for someone to be submerged beneath the water without anyone noticing. That’s why it’s so important for parents to always keep an eye on their children when they’re in or around the pool.

Teach Kids About Pool and Swimming Safety

Second, it is essential for parents to ensure that their children are familiar with swimming safety rules. One of the most important rules is that no one should ever swim alone; there should always be at least one other person present who can monitor activity and provide help in case something goes wrong. Additionally, young children who cannot swim should never be allowed in pools without direct adult supervision.

Look for Pool Hazards and Plan Around Them

Third, it’s important for parents to be aware of any potential hazards in and around the pool. Poor maintenance can create trip-and-fall hazards or lead to water contamination, while poor fencing can allow unsupervised access to the pool area. Parents should also check that there are no broken tiles or other debris on the bottom of the pool that could pose a danger.

Use Age-Appropriate Flotation Devices

Finally, parents should always make sure their children are wearing life preservers when they go near or into a body of water. Life jackets and other flotation devices provide an extra layer of safety to ensure your child is protected if something goes wrong. Be sure to fit your children in the proper sizes when using arm floaties, waist belts, and life jackets. If these flotation devices are too large, kids can slip right out of them.

Hire a Personal Injury Law Firm After a Wrongful Accident

By understanding these risks associated with unsupervised swimming, parents can help ensure their family has a safe and enjoyable time at the pool. However, if you or your child have been injured due to swimming pool accidents or negligent supervision, it is important to seek legal advice on your rights and options moving forward.

A personal injury lawyer who has experience in swimming pool and drowning accidents can provide legal representation and help you protect your rights. They can investigate the incident, gather evidence, and represent you in negotiations with insurance companies and legal proceedings should a lawsuit be necessary. With their experience and knowledge, a personal injury attorney can help you get the compensation you deserve and help try to close this traumatic chapter in your life. Don’t hesitate to reach out for help after a swimming pool accident, and always remember that a personal injury lawyer can make a big difference on whether or not you will attain justice.

Were you or your loved one seriously injured in a swimming pool accident in Indiana or while traveling out of state? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an Indianapolis personal injury lawyer who has experience with claims involving claims for child injuries, premises liability , wrongful death, and more. We represent clients throughout the state of Indiana and Indiana residents injured in other states.

How to Claim Compensation After a Dog Attack

Posted on June 16, 2023 by admin

No one ever expects to be attacked by a dog, but unfortunately it does happen. If you’ve been bitten or otherwise injured due to someone else’s pet, the law allows you to seek compensation for your medical bills and other damages. The process of claiming compensation can seem daunting at first, but with the right information, you can make sure that justice is served and get the financial help that you need. In this blog post, we will discuss how to claim compensation after a dog attack and provide tips on finding an experienced personal injury lawyer who can assist in filing your case.

Call 317-881-2700 to Speak With an Experienced Dog Attack Lawyer in Indianapolis Indiana

Common Complications Associated With Dog Bites and Attacks

Dog attacks are a serious issue that can result in various injuries. Dog bites are the most common injury caused by these attacks, and they can be severe and deep. Injuries can also include puncture wounds, lacerations, broken bones, and nerve damage. However, physical injuries are not the only consequences of dog attacks. Many victims may experience psychological trauma, leading to post-traumatic stress disorder (PTSD) and other mental health issues. It is essential to understand the risks associated with dog attacks and to take steps to prevent them to avoid such injuries and their aftermath.

If you have been involved in a dog assault, you may have sustained a wide range of damages and losses. These can include physical injuries, emotional trauma, lost wages, and medical bills. Fortunately, compensation may be available to help cover these costs. You may be able to recover damages for medical expenses, hospital bills, loss of income, prolonged physical therapy, pain and suffering, and other related expenses. In order to ensure that you receive the maximum compensation possible, it is important to work with an experienced personal injury attorney who can help you navigate the legal process and fight for your rights under the law.

How to Get Started on a Dog Attack Personal Injury Claim:

>Retain All Evidence

The first step to claiming compensation is gathering evidence. After the canine attack, you should take pictures of your injuries and document any medical treatment that was required as a result. Take a picture of the scene and the dog. You should also make sure to get the contact information of any witnesses who saw the incident happen. This will be helpful in proving your case if it goes to court.

>Connect With a Personal Injury Lawyer

Next, you will need to find an experienced personal injury dog bite lawyer who can help you navigate the legal system and handle your claim for damages. When choosing an accident attorney, make sure they are knowledgeable about canine attack cases and have a proven track record of success in such matters. Ask for references or read reviews online so that you can select the best possible candidate for your case. The more qualified they are, the better chance you have of receiving a fair settlement.

>Be Patient With the Legal Process

Finally, it is important to remember that dog bite cases can be complicated, so patience and perseverance are key. Your lawyer will work hard to get you the compensation that you deserve, but it may take time for your case to be resolved. Keep in mind that due to the nature of such cases, settling out of court is often the best route as going through a lengthy trial can be expensive and emotionally draining for all parties involved. However, if the defendant’s insurance carrier is not willing to settle the case fairly, you should be prepared to take the case to a jury trial.

Do Not Let a Dog Attack Put Your Life Off Track

In conclusion, if you have been attacked by someone’s pet or been injured due to a dog bite then you do have legal options available to seek compensation. By gathering evidence, finding an experienced Indianapolis dog bite lawyer, and being patient, you can make sure that justice is served and you receive the financial help that you need.

Are you ready to take the next step toward obtaining compensation for your injuries and losses after a canine attack? Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 today to schedule a free case evaluation and learn more about how we can help you with your dog bite accident lawsuit in Indianapolis. We represent clients all throughout the state of Indiana, and Indiana residents injured in other states.

How to Prove Negligence in a Child Injury Case

Posted on April 11, 2023 by admin

No parent wants to think that their child has been injured due to someone else’s negligence. Unfortunately, it happens all too often, and when it does, parents may be able to seek justice by filing a lawsuit against the responsible parties and collecting the judgment from the defendant’s insurance company. But before any legal action can take place, it must first be determined whether or not negligence is present in your case.

In this blog post, we will discuss how you can prove negligence in a child injury case so you can get the compensation your child deserves.

Call 317-881-2700 to Speak With a Child Injury Lawyer in Indianapolis

3 Important Elements of Proving Negligence in a Child Injury Lawsuit

>Duty of Care

When it comes to child injury lawsuits, the most common form of negligence is a failure to exercise reasonable care. This means that the defendant had an obligation to provide a safe environment for children and failed to do so. To prove negligence in this kind of case, you will need to show that the defendant had a duty of care and breached that duty by either not providing adequate safety measures or by acting in some way that caused your child’s injury.

>Damages

In addition, you must also be able to demonstrate the extent of your child’s injuries as well as any damages incurred due to those injuries. You should have medical records detailing your child’s diagnosis and treatment plan, as well as any medical bills related to their medical expenses. You will also need to provide evidence of any lost wages or other financial losses that resulted from the injury.

>Causation

Finally, you must be able to show that the negligence of the defendant was a responsible cause of your child’s harm. This can be done by showing a “causal link” between the breach in duty and your child’s injuries, which is often supported by expert testimony from doctors and other professionals familiar with your case.

Defining Negligent Supervision

Was your child injured because someone else was not providing proper supervision over them? Negligent Supervision torts involve lawsuits that occur when a child is injured due to someone else’s negligent behavior. This type of tort lawsuit states that the person accused of negligence is responsible for not properly supervising or controlling whatever situation caused the injury to the child. This could be a friend’s parent, babysitter, daycare employee, school staff member, and even a family member.

If a court finds the accused party negligent in providing supervision, then they are legally required to pay damages for any pain, suffering or medical expenses incurred from the child’s injury. These kinds of actions have become more widely accepted as society evolves. The understanding around the responsibility for providing necessary safety nets for children grows even wider with each child injury case.

Common Damages Awarded in Child Injury Cases

Child injury cases are often complex, but they almost always involve the award of some form of compensation in a successful settlement. While the type and extent of damages vary widely from case to case, there are some common types of awards seen in such scenarios. These typically include both economic compensation for hospital bills, medical expenses, and other financial losses related to the child’s injuries, as well as non-economic damages for pain, suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, disability, and more. In addition to such compensatory damages, parents might also seek out punitive damages, which are intended to punish those responsible for their child’s accident and deter similar future behavior.

Hire a Child Injury Attorney to Protect Your Rights

When filing a child injury lawsuit, it is essential to have an experienced personal injury lawyer on your side who understands how to prove negligence in a child injury case. With the help of an experienced child injury attorney working on your side, you have a better chance at making sure those responsible are held accountable and that your child receives proper compensation for your child’s injuries and losses.

Are you the parent or guardian of a child who has been seriously injured because of another’s negligence? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned child injury lawyer in Indianapolis, Indiana. We represent victims all throughout the state, as well as Indiana residents injured in other states and residents of other states injured in Indiana. Request to have your meeting over the phone, via online video, at your place of in-patient medical treatment, or in person at our Indy-based office.

Top Product Recalls in 2022

Posted on January 13, 2023 by admin

Product recalls are a serious issue that can have huge impacts on consumers and businesses alike. In 2022, we’ve seen several product recalls due to safety risks or faulty components, ranging from automobile parts to toys and electronics. Product liability laws exist to protect consumers by ensuring companies are held accountable for defective products they make available in the market.

Here is an overview of some of the biggest product recalls so far this year, as well as tips for seeking compensation if you’ve been injured by a recalled item.

Call 317-881-2700 to Speak With a Defective Products Lawyer in Indianapolis IN.

The Most Recalled Products of 2022

Electrical Equipment Malfunctions

In 2022, the number of product recalls grew significantly. The majority of recalls were due to faulty electrical equipment, food and beverage products, and automobile parts and accessories. One notable recall was of electric blankets made by a well-known company due to an issue with the internal wiring that could cause them to short circuit and potentially start a fire. The company issued a full refund to all customers and urged them to stop using the product.

Baby Products

Another recall that made headlines was of a popular brand of baby formula due to contamination with salmonella bacteria. This caused significant health risks for those who consumed it, some being hospitalized as a result. The manufacturer offered free replacements and refunds for any recalled product.

Automotive Defects

The automotive industry also experienced several recalls in 2022, with the majority being for faulty brake components or problems with fuel systems. In one case, a major car manufacturer was forced to recall tens of thousands of its newest models due to an issue with their ignition switches that could cause them not to start properly.

These product recalls are a reminder of the importance of selling safe products. It’s important for manufacturers and retailers to stay up to date on recall information and take the necessary steps if advise buyers they have purchased a recalled product.

Defective Product Injuries

In the event that an individual is injured by a product, whether due to negligence or defect, it is important for them to understand product liability and their rights. Generally speaking, product liability laws allow individuals who have been injured by a product to seek compensation from a product’s producer or seller for any losses incurred as a result of their injury. A defective products lawyer in Indianapolis can help individuals navigate product liability law and pursue a claim for compensation.

Product liability attorneys specialize in helping people who have been injured by various product defects or recalled products. When an individual is harmed by such a product, they typically will want to seek legal advice from a defective product attorney with expertise in this area. These lawyers typically work on product liability cases related to product design defects, manufacturing defects, labeling defects, and recalled products.

A product liability attorney will also be able to provide advice about an injured victim’s rights and what type of compensation they may be eligible for. They can also help individuals understand product safety regulations and inform them of any product recalls that have been issued. Additionally, Indianapolis product liability attorneys can assist in filing product liability claims and litigating product liability cases.

Talk to a Product Liability Attorney Today

It is important for individuals to understand their rights if they have been injured by a product and to seek proper legal advice so that they are not taken advantage of by the product’s manufacturer or seller. In fact, always keep the product at issue as evidence. A product liability lawyer in Indianapolis can provide guidance and assistance throughout the product liability process and give individuals a better chance of obtaining compensation for their losses.

Speak with a seasoned civil litigator who can help you determine the best course of action for your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a skilled defective products attorney in Indianapolis, Indiana. We represent clients all throughout the state, plus Indiana residents injured in other states. We can hold consults via phone or online video conference, which means there is no need to travel.

Do I Have a Legal Claim If I Am Injured By a Shopping Cart?

Posted on October 11, 2022 by admin

Shopping carts are such a common commodity that many people fail to realize just how dangerous they can be. When used, corralled, or maintained negligently, shopping carts can cause serious and long-lasting injuries to both adults and children. If you or your child recently sustained injuries in a negligent shopping cart accident, you may be wondering if you have a valid legal claim, either against the proprietor or another shopper.

Continue reading to learn some helpful information about shopping cart injury claims, plus who to trust for dependable legal advice regarding personal injury cases in Indiana.

Retail Store Injury Lawyer Indianapolis Indiana 317-881-2700

Shopping Cart Injuries and Legal Claims

Shopping cart accidents can involve children and adult shopping carts. These days, shopping carts found at retail stores come in all sorts of styles, from racecars and miniature shopping carts for children to adult size shopping carts, basket carts, double tier carts, platform carts, and more. As for the a conventional, adult-sized shopping cart, a new study the Clinical Pediatrics journal reports that between the years 1990 and 2011, more than 500,000 children were admitted into the emergency room due to shopping cart related injuries. Using this data, the study reveals that an average of 24,000 children go to the hospital each year for shopping cart related injuries, which comes out to sixty-six hospital admissions every day.

With astonishing statistics like these, it is important to protect yourself and your loved ones from negligent shopping cart accidents. If you or someone you love was injured by a shopping cart due to the negligence of the store, the shopping cart manufacturer, or another shopper, it is important that you contact an Indianapolis personal injury lawyer to learn your rights for pursuing a legal claim against the at-fault party.

Types of Shopping Cart Injuries

Unfortunately, the safety standards for shopping carts are not regulated on a state or federal level. Instead, they are voluntarily implemented by the shopping cart manufacturer themselves. For this reason, shopping cart safety standards are unbalanced. Furthermore, there has been no observable decrease in shopping cart injuries since 2004 when safety standards were moderately revised for shopping carts.

The most common types of injuries that result from shopping cart accidents are head injuries, orthopedic injuries, lacerations, and contusions. These kinds of injuries commonly result from falling out of the shopping cart, but also due to the shopping cart tipping over, getting run over by a shopping cart, running into the shopping cart, falling over the cart, or getting stuck in the shopping cart (or a body part stuck).

Suing the Store or Another Shopper for Shopping Cart Injuries

Under premises liability laws, store owners are responsible for maintaining a business that is safe and free of any foreseeable hazards. If the store owner failed in any way to protect you from a shopping cart accident, they can be held liable for your damages and losses. If the shopping cart manufacturer is solely responsible for a shopping cart accident, perhaps because the shopping cart was defective or poorly designed, or lacking the proper warning labels about the cart’s risks, the claim would fall under product liability law. In some cases, the shopping cart manufacturer can be held responsible along with the store owner.

If another shopper causes a shopping cart accident because they were reckless or negligent in some way, it can be deemed a civil wrongdoing under Tort law. In this case, the injured person could bring about a claim under tort law and recover compensation for their damages and losses.

Do not start your legal claim process without the help of a seasoned personal injury lawyer who can help you determine the best course of action for your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a skilled personal injury lawyer in Indianapolis, Indiana. We represent clients all throughout the state, plus Indiana residents injured in other states. We can hold meetings via phone or online video conference, so there is never any need to travel.

FAQS About Negligent Supervision Personal Injury Cases

Posted on August 5, 2022 by admin

Any party who is required to provide a legal standard of care for a dependent or subordinate, such as a child, elderly person, or employee, must uphold their duty of care. Otherwise, they may face serious civil consequences. This legal principal falls under the category of negligent supervision, within personal injury law.

Continue reading to review some frequently asked questions about negligent supervision and how it pertains to tort law.

Personal Injury Lawyers Indianapolis Indiana 317-881-2700

Frequently Asked Questions About Negligent Supervision

What is Negligent Supervision?

Personal injury cases arise when one party’s negligent action or inaction is the responsible cause another party’s injury and subsequent losses. When a mandated caregiver provides inadequate supervision or management over their charge, and as a result their charge is seriously injured, they could face a negligent supervision lawsuit. This tort law also applies to employers and employees. If an employer does not take the proper steps or precautions to ensure safety standards at the workplace, and as a result, an employee or customer is injured, they can be held liable for all damages resulting from the accident, subject to worker compensation law limits.

Who is Protected Under Negligent Supervision Laws?

Most negligent supervision cases surround children, elderly persons, and employees. They can also involve anyone else in long-term medical care, whether in-home or at a facility. Children who are under the care of daycare staff, school bus drivers, teachers, coaches, instructors, nannies, babysitters, and any other authority in charge of looking after their safety and well-being can become victims of negligent supervision.

Elderly individuals and those who suffer from severe mental or physical challenges are also common victims of negligent supervision. These victims are generally in a long-term care or treatment facility, or in the care of an at-home nurse or orderly.

Employers can also be guilty of negligently supervising their staffs. Employers are responsible for ensuring that their staff is properly adhering to all company policies, regulations, and safety standards. They must also ensure that they themselves are avoiding harmful or wrongful behaviors, plus preventing any wrongful actions of their employees.

What are Some Examples of Negligent Supervision?

A nanny is hungover from the night before and falls asleep on the couch. As a result, the child in their care wanders outside and gets hit by a car.

Parents allow their teenagers and friends to consume alcohol under their roof. As a result, a kid gets alcohol poisoning or into a serious car accident after they leave.

A daycare attendant fails to lock up a toxic cleaning solution as protocol requires. As a result, a child ingests the chemicals and suffers serious or fatal injuries.

A teacher heading detention leaves the classroom for a period of time without having another teacher cover for them. As a result, a fight occurs among students that causes serious injury to another student or teacher.

High school or college coach turns a blind eye to locker room hazing, and as a result, a teammate gets seriously injured or killed.

How Do I Prove That a Party is Guilty of Negligent Supervision?

There are 4 key elements that must be present for a valid negligent supervision case. First, the individual must have had a duty of care to supervise the victim. Second, the individual must have failed to properly supervise the victim. Third, the individual’s failure to supervise led to the victim’s harm. And fourth, the incident that caused harm to the victim must have been a foreseeable event might happen that any reasonable person could anticipate and prevent with proper supervision.

Where Can I Get Trusted Guidance for a Negligent Supervision Claim?

Cases vary in detail and jurisdiction, so it is important to discuss your state’s particular laws and procedures for negligent supervision with a seasoned Indianapolis personal injury lawyer. They can determine your case’s strength and help you pursue legal action against them by filing a claim or lawsuit. If a judgement or settlement occurs, the defendant’s liability insurance carrier would have to pay it, subject to any insurance limits.

Are you ready to get in touch with a trusted negligent supervision lawyer who can help you get started on the right path toward financial justice? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Frequently Asked Questions About Swimming Pool Accident Claims

Posted on July 15, 2022 by admin

According to recent US Census Bureau and CDC statistics, the United States has an average of 10.4 million residential swimming pools. These stats also report that 17.12% of Americans between 18 and 29 years old owns a pool or hot tub. When you apply the math to the purported 128.58 million households in the country, a little more than 8% have a swimming pool. Furthermore, the U.S. Bureau of Labor Statistics and the CDC report that swimming is the 5^th most popular pastime here in the states, but number one among 36 percent of children between the ages of 7 and 17 years old.

These numbers set the tone for the importance of public and residential swimming pool safety. If you are considering a swimming pool addition to your property or have recently fallen victim to a negligent pool accident, it is wise to educate yourself on some helpful facts concerning pool liability.

Continue reading to review some frequently asked questions about swimming pool accident liability and related injury or wrongful death claims.

Pool Accident Lawyers Indianapolis Indiana 317-881-2700

Summertime Swimming Pool Liability

Indiana summers get hot and humid. This time of year, our public and private pools provide us with a refreshing reprieve from the strong, seasonal sun. But with this privilege comes a great deal of responsibility. Even hot tubs and spas can pose certain risks if the proper precautions are not taken. Drownings, concussions, orthopedic injuries, and chemical exposure are all common swimming pool accidents and injuries.

But when someone is injured or killed in a swimming pool accident, who is liable? The municipality? The residential property owners? The property management company? The landlord? With so many possible responsible parties, the answer to this common question can be confusing.

Swimming Pool Accident FAQS

Who is Liable for a Swimming Pool Accident?

Sadly, swimming pool accidents are common in the United States. Because there are so many pools and pool accidents, there are dedicated injury laws specifically regarding pools. To make matters more complicated, these laws are different for public pools and private pools, so it is strongly encouraged to review your county’s swimming pool laws before installing one on your property or visiting another’s swimming pool. Here in Indiana, for instance, pools must be at least 10 feet away from any other building or house and must remain in the side or back yard of a private residence.

Before diving into assigning fault in a swimming pool accident, you must determine which set of laws apply to your case. Talk to a licensed personal injury lawyer in Indiana to learn everything you need to know about obtaining legal justice after a swimming pool accident or injury.

The general rule of thumb, although it varies from case to case, is that the owner of the pool is responsible for compensating a victim for their injuries, but only if the owner was negligent and their negligence was a direct cause of the accident and subsequent injuries. Thus, it is vitally important for pool owners to carry home owner’s liability insurance so if they did happen to be negligent, their insurance carrier will pay for any settlement or judgment against them. Again, these cases can be complex, which is why you should always consult with an experienced Indiana accident attorney for personalized advice and guidance.

Are Swimming Pools Considered an Attractive Nuisance?

If something is so enticing to a child that it motivates them to enter onto another person’s property, it can be considered an attractive nuisance. Swimming pools and hot tubs are perfect examples. Under modern law, property owners have legal responsibility (or duty of care) to keep a safe premises in the case of trespassing children or minors. This is called the attractive nuisance ordinance and is an exception to premise liability law.

If you have heard about attractive nuisance laws regarding swimming pools, then you may wonder what they really entail. Basically, if your pool is visible to the public and has features that attract trespassers, it could be a liability. This includes easy-access, public view, water slides, and more. To protect your pool from becoming an attractive nuisance, start by installing a fence and consider a pool cover.

Can Liability Waivers Be Enforced After a Hotel or Public Pool Accident?

Fault plays the largest role in determining who is liable for a pool accident at a hotel or public civic center. The only way to know the answer to this question is to contact an experienced Indianapolis IN personal injury attorney and schedule a free consultation to discuss your case. They will investigate the details of the waiver, as well as the accident, and determine what can be done and what can’t be done.

Were you or a loved one wrongfully injured in a swimming pool accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

What You Need to Know About Bicycle Accident Personal Injury Claims

Posted on May 20, 2022 by admin

Spring is in full swing, which means an increased opportunity for outdoor fun. Bicycles, tricycles, scooters, roller blades, and more are all traditional springtime activities for adults, teens, and kids alike. It is a fun and healthy recreational pastime that allows us to get outdoors, spend time with our loved ones, and enjoy the nice weather. Unfortunately, bicycle safety is pushed under the rug all too often, and because of this, accidents happen. Even when safety is properly considered, there are incidents that can take place out of our control. For this reason, all cyclers bike enthusiasts should know their rights if injured on a bicycle at no fault of their own.

Continue reading to learn what you need to know about filing a bicycle accident personal injury claim in Indiana after being wrongfully injured on your bike.

Bicycle Accident Claims Indianapolis Indiana 317-881-2700

Indianapolis Bicycle Accident Causes and Common Injuries

There are two main types of bicycle accidents that result from negligence outside of a rider’s control: motor vehicles and bicycle defects. If a car, truck, or product defect causes an accident that results in a rider’s injury, liability falls on them, not the rider. Both situations can lead to serious personal injuries to a cyclist.

Several serious injuries can result from bicycle accidents, such as brain damage, traumatic brain injuries, comas, concussions, broken bones, spinal cord injuries, paralysis, and even death. These injuries can be life-threatening or permanent in severe situations. According to the National Highway Traffic Safety Administration (NHTSA), from the years 1932 to 2008, more than 50,000 bicycle-related deaths occurred.

These alarming statistics do not even include injuries and deaths sustained from bicycle defects. According to the same statistics, in the year 2008 alone, more than 50,000 cyclists were injured in negligent traffic accidents. The most devastating truth among these statistics is that in 2008, 13% of bicycle accident fatalities were children. Bicycle safety is something everyone needs to take seriously. We can stop these accidents from taking place with responsible driving and education at a young age.

Defective Bicycles

As for product defects and bicycles, there is not much we can do to stop these unfortunate and unforeseen incidents from happening. We can only hope and trust that bicycle manufacturers are working hard at preventing problems with their products and doing their best to improve their product’s safety value. The most common defects seen in bicycle accidents include problems with bolts, screws, composite forks, aluminum frames, and similar components.

Making an Injury Claim After a Bicycle Accident

In the case that a person is seriously injured in a bicycle accident as a result of another driver’s carelessness or bike defect, it is crucial to contact a bicycle accident personal injury attorney immediately. All states have a statute of limi t ations that set forth how long a victim, or their family, has to file a personal injury claim. Once this time frame runs out, a victim can no longer lawfully sue for full and fair compensation.

A licensed Indiana personal injury lawyer can help victims of bicycle accidents obtain compensation for their damages, such as pain and suffering, medical expenses, hospital bills, prolonged rehabilitation, lost wages, time of work, and much more. Licensed accident attorneys with extensive experience and knowledge will try to negotiate and settle out of court for their clients if possible. Be sure to choose a law firm that has your best interests at heart and in mind.

Were you recently injured in a wrongful bicycle accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana personal injury lawyer you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

Key Legal Considerations for Parents of Children With Food Allergies

Posted on May 13, 2022 by admin

May is National Asthma and Allergy Awareness Month, and the 2^nd week of May is Food Allergy Awareness Week.

Parents with children who suffer from food allergies maintain a strict awareness of food allergy dangers every day of every month, living with the keen understanding of what it takes to protect their kids from serious reactions and anaphylactic shock. This month is a dedicated time to review the important facts surrounding the potential legal concerns that might result from your child having an attack, and to share your knowledge with friends, family members, caretakers, teachers, coaches, and more.

Continue below to learn more about Food Allergy Awareness Month, including some key legal considerations you should explore or prepare for if your child has serious or life-threatening food allergies.

Asthma and Food Allergy Awareness Month is celebrated in May.

Food Allergy Awareness and National Asthma and Allergy Awareness Month

We can give thanks to the Asthma and Allergy Foundation of America (AAFA) for declaring May as the National awareness month for both asthma and allergies. Their food allergy division, Kids With Food Allergies (KFA), reports that more than 6 million children suffer from food allergies, the most common allergens being peanuts, tree nuts, shellfish, fish, milk, eggs, wheat (gluten), sesame, and soy.

Parents Raising Children With Food Allergies

When your child suffers from serious or life-threatening food allergies, the concern for potential accidents never goes away. But with avid education, you can help your kid as well as their teachers, coaches, daycare staffers, and family better monitor and abate the risk of reaction when you are not around. However, accidents happen, and when they do, parents of children with food allergies may face certain legal matters.

Kids With Nut Allergies

Parents who have kids with nut allergies can protect themselves from a legal battle with schools or daycare centers by implementing risk-abatement strategies and routines. It is important to routinely remind the school, daycare, or activity center of your child’s food allergy, plus ensure they have a fixed anaphylaxis care plan in place and an EpiPen always available if something happens. It is recommended to review their allergy management policy with them to fill in any inadequacies.

Suing for Negligence in a Food Allergy Lawsuit

When a child suffers a serious allergic reaction to a food allergy, many parents want to know if they can sue the presumed responsible party. When it comes to food labels, the Food Allergen and Consumer Protection Act of 2004 mandates that all food manufacturers clearly label their products with a warning if they contain a major food allergen, like nuts or shellfish. Restaurants are typically good at scripting their menu items and warning if a food contains a major food allergen. But if a restaurant or food manufacturing company fails to uphold that duty of care, they could be held liable for the damages and losses suffered as a result of a serious or fatal allergic reaction.

In 2008, the legal definition of disability was broadened to include those who suffer from serious food allergies. Thanks to the Americans with Disabilities Act (ADA), discrimination against disabled individuals is illegal. If a school, daycare, or activity center refuses to accommodate or disregards your child’s food allergies, they could be in violation of this Act, thus subjecting them to civil litigation.

Was your child serious injured after experiencing a severe allergic reaction at the hands of another caregiver or authority? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a seasoned child injury attorney in Indianapolis, Indiana. We represent clients throughout the state of Indiana.