The 4 Basic Consumers Rights

When you buy a product, whether from a store or directly from the manufacturer, you expect it to be safe. So, when a defective or harmful product causes you or your loved one injury, the rules are on your side. The law imposes several statutory duties onto commercial manufacturers and businesses in order to protect their consumers from harmful products. In fact, some states have even codified such regulations into law. These are known as consumer rights, and although they are not strict law in all jurisdictions, they are widely accepted legal principles that affirm a victim’s right to being compensated for their damages and losses after being injured by a harmful or defective product. 

Continue reading to learn the four basic consumer rights that are widely recognized in the United States under product liability law, and how they protect you from harmful products.

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Indiana Defective Product Injury Lawyers 317-881-2700

Basic Consumer Rights

Consumer rights refer to a particular body of law that sets specific standards and regulations for manufacturing companies and businesses to protect their consumers from danger. Although subjective, four basic consumer rights that are widely accepted are 1) the right to be informed, 2) the right to safety, 3) the right to choose, and 4), the right to voice your opinion.

Your Right to Safety

Not only is the right to safety the most widely accepted of all the consumer rights, but it is also arguably the most imperative. A consumer should be fully-protected when they purchase and use a product from a manufacturer or business. All products should be reasonably safe, so long as they are properly used for their intended purpose. But when a product causes serious injury to a consumer, whether as a result of manufacturer negligence or some other reason, this is often in violation of their consumer right to safety.

Your Right to Information

The consumer right to being informed is important because no consumer should be left in the dark about anything relevant to the use or operation of a product they’ve purchased. Not knowing everything there is to know about the makeup, operation, and warnings of a product can put the consumer at high risk for injury and harm. False or misleading claims, poor labeling, and insufficient manufacturing information can be dangerous for a consumer, especially in cases of medications, healthcare devices, and highly flammable products.

Your Right to Choose

Another universally-recognized consumer right is the right to choose. Basically, this abates the growth and development of monopolies, this way, consumers are allowed the benefit of comparing products, prices, retailers, vendors, and decide based on their research. Many states have introduced anti-trust and unfair competition laws to protect this consumer right.

Your Right to Voice Your Opinion

Although not entirely statutory among all jurisdictions, it is still generally agreed upon that consumers have the right to be heard. In fact, with the growing technologies available today, consumers are given the platform to voice their opinions on products through customer testimonials, online reviews, social media, and more. This not only allows consumers to rate products and inform others on their experience with them, but it also lets them voice their concerns, to both their audience and the manufacturers themselves.

Have You Been Injured By a Defective Product in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to filing a product liability claim against a negligent manufacturer or retailer. Our experienced Indiana product liability lawyers can help you recover the full and fair settlement or verdict you deserve after being injured by an unreasonably defective or harmful product. We offer free initial consultations, and do not collect attorney fees unless we obtain compensation for you. We serve clients in Indianapolis and throughout the state of Indiana. Request a phone, video, or in-office case evaluation, today.

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Facts About Secondary Liability and Indirect Infringement

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.

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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.

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Important Info About Daycare Child Injury Lawsuits in Indiana

In plain language, it is the responsibility of the day care provider to protect children from harm and injury. If a daycare neglects to uphold this duty of care, they can be held liable under law for any resulting damages suffered by a child and their guardians. You want to believe that your child is in good hands when you drop them off at your sitter or daycare of choice. But the unfortunate reality is that daycare accidents are far too frequent here in Indiana, and some even result in lasting injuries, or worse, death.

There is good news, though. Personal injury law firms operate on the sole basis to protect and obtain compensation for victims of such negligence, which means there is legal help out there for families who wish to pursue a daycare accident lawsuit. But before getting started, it is important to understand the facts surrounding childcare injury claims.

Continue reading to learn about how a personal injury attorney can help families whose children have been victims of day care injuries and accidents.

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Indiana Child Injury Attorneys 317-881-2700

The Basis of Child Care Injury Lawsuits in Indiana

Sadly, there are several cases of childcare deaths, disabilities, illnesses, and serious injuries due to daycare and babysitter negligence. In many of these cases, it is the fault of the childcare provider, as they have the duty to care for and supervise your child. Negligent supervision, aggression, mental trauma or inappropriateness, and much more are common causes of child injuries at such businesses.

When a child is seriously injured, or even contracts a debilitating illness, at an Indiana day care center, someone should be held accountable. A parent can bring a claim for their child’s damages, including pain, suffering, permanent scarring or disfigurement, prolonged physical therapy, etc…  A parent can also bring a claim for hospital bills, medical expenses, and even lost wages from missing work to care for their injured child. If this is your situation, it is time to consult a licensed Indiana child injury lawyer to learn your rights.

Take these steps if your child was involved in an accident at your day care center:

► Seek medical treatment and follow all doctors’ orders.
► Collect all documents and receipts linked to the accident.
► Ask the daycare center to keep all evidence, including video evidence.
► Call a local and trusted personal injury firm.
► Set an appointment with a lawyer.
► Determine if you have a case.
► Ask your lawyer if you need to make a police report.

How to Learn More About Your Daycare Child Injury Case in Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to take the first step toward pursuing legal action against a negligent daycare center in Indianapolis, Indiana. We can get started on your Indiana personal injury claim right away. Highly experienced personal injury attorneys, Daniel Craven, Ralph Hoover and Keith Blazek are ready to recover the full and fair settlement for you and your child’s losses. We offer free initial consultations and never collect lawyer fees unless we win compensation for you. We represent injured children, adults, and seniors all throughout the State of Indiana. Contact us today to schedule your free case evaluation, today.

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What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana

Polaris vehicles have been gaining popularity among children and teenagers over the past several years. With their off-roading, side-by-side designs, it is no wonder that minors have taken so quickly to these recreational all-terrain vehicles (ATV’s). Taking notice, Polaris exclusively marketed certain models, specifically a youth sport side-by-side, to children, describing a thrilling and fun experience for ages 10 and up.

But unfortunately, there have been some serious accidents involving Polaris off-road vehicles; accidents that have resulted in severe injuries and fatalities to kids in particular. You would think that these children’s accidents were caused by operator negligence in some way, but that is not necessarily so. Some of these accidents were caused by a manufacturer defect in Polaris vehicles. As a response, certain models of Polaris have been officially recalled.

If your child was injured as a result of a recalled Polaris vehicle, your next step is to retain professional counsel, and learn your rights to pursuing legal action against the manufacturer. Continue reading to learn which models of Polaris vehicles have been recalled, what types of accident they are causing, and how to contact a personal injury law firm to get started on your Polaris lawsuit in Indiana.

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Indiana Polaris Recall Accident Attorneys 317-881-2700

Polaris Vehicle Recalls

Polaris has manufactured numerous models of ATV’s and recreational vehicles. But between the years of 2008 and 2018, the company had to recall hundreds of thousands of off-road recreational vehicles because they were defective. Not only were they discovered to have crash hazards, they were also major fire hazards.

The 2015 and 2017 Youth RZR 170 were two of the primary models of Polaris vehicles to have these fire and crash manufacturer defects. A faulty fuel pump ring on the 2015 model caused leakage issues, which resulted in many fires and explosions. The 2017 model also caused fatal fires and explosions due to a cracked fuel tank, faulty wiring that was prone to overheating or short-circuiting.  And these are not all. Many more youth-marketed models have been recalled for defects that caused serious collisions and crashes.

Not sure if your child has a recalled model? REVIEW THIS LIST OF POLARIS RECALLS

Polaris Accident Claims for Injured Children

Although Polaris equipped their youth vehicles with parental speed controls and safety kits, they were not comprehensive enough when it came to providing children full protection. For this reason, they could be found negligent, and any child who has suffered serious injuries as a result of a Polaris accident needs justice.

How to Make a Polaris Accident Claim in Indiana

If you or your child is a victim of a recalled Polaris accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys handle both product liability and child injury lawsuits, and offer free case evaluations to hear your accident case. If you have a valid claim, we begin working on your case immediately without requiring any upfront lawyer fees. We have a zero pay guarantee, which means you pay us nothing until we recover a settlement or verdict for you. We serve clients in Indianapolis and throughout the state of Indiana.

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Where to Find Legal Guidance for Your Child’s Injury Claim in Indiana

Naturally, when we hear our child has been seriously injured in an accident, we fear the worst and hope for the best. No one wants to discover that their kids have been involved in an accident at any level, nonetheless a serious one. To make matters worse, many children are injured as a result of another person or entity’s negligence and lack of care here in the Hoosier state. When this happens, we want details and justice all at the same time. In this case, it is wise to consider making a personal injury claim to recover the compensation your child deserves for the losses, damages, and suffering.

Continue reading to learn what you need to know about finding legal guidance for your child’s personal injury claim in Indiana.

Indiana Child Injury Lawyers 317-881-2700
Indiana Child Injury Lawyers 317-881-2700

Who Files a Personal Injury Claim for a Minor?

Parents and legal guardians have a constitutional right to pursue a lawsuit on behalf of their injured children or teenagers. If a minor is unjustly and carelessly injured through no fault of their own or even in the situation where your child may be partially at fault but the other driver is at least equally at fault, your child may be entitled to legal compensation for relative damages. Damages general damages, economic and non-economic damages, compensatory and punitive damages, and more. See our blog, “Legal Facts About Pain and Suffering Damages in Indiana” to learn more about calculating pain and suffering damages in a personal injury case.

Wrongful Death or Injury of a Child

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating cases, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed personal injury attorney for professional and assertive legal counseling and advice.

Talk to a Licensed Accident Lawyer for Professional Legal Guidance

A licensed and experienced personal injury attorney can assist families with injured children with filing a claim against a negligent party’s insurance company. They have the proper resources, knowledge, and experience to successfully win your case and recover compensation for your damages or your child’s damages. Our goal is to recover full and fair compensation for the injuries and damages sustained and suffered by our injured clients. We will handle all negotiations with opposing insurance companies and their adjusters and attorneys in order to settle out of court. If we cannot come to a full and fair settlement outside of court, we will take your case to trial and let a jury decide the case.

The Cost of a Personal Injury Lawyer

Many parents want to pursue a lawsuit or personal injury claim for their children’s accident and injuries, but they do not in fear that they cannot afford legal services. Fortunately, most accident attorneys, such as ourselves, work on a contingency fee basis. This means we do not collect any legal fees unless we prevail and win your family compensation. See our blog, “What are Contingency Fees?” to learn more about personal injury costs.

From the settlement or judgment, you pay the attorney for our services. If we do not win your case, you owe us nothing. Injury lawyers also offer free initial consultations to assess your case and determine your child’s eligibility for remuneration. If they feel you have a valid claim and believe they can win your case, they will represent you for free until you receive your recompense.

Your Trusted Indianapolis Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim for your child in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you and your child deserve after your minor child has been seriously injured in an accident caused by the carelessness of another. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a time with a licensed Indianapolis accident attorney, today. We represent injured persons throughout the State of Indiana.

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Is the School Liable for My Child’s Injuries?

When your child gets seriously hurt in an accident at school, your first thought is to address their medical needs. But because they are under the supervision of professionals, your thoughts start to gravitate toward fault, as occurs with all injuries. You might be asking yourself, “is someone responsible for my kid’s accident?”, or “should the school be covering the medical bills for my child’s injuries?” These are all natural questions to have as a concerned parent paying out of pocket for their child’s medical expenses and losing pay from taking time off work.

If your child was seriously injured in an accident that took place while at school or at a school-related function, continue reading to learn what you need to know about a school’s potential liability in student injuries.

Indiana Child Injury Lawyers 317-881-2700
Indiana Child Injury Lawyers 317-881-2700

Student Injuries and School Liability

The laws and legal principles that govern school liability in the case of student accidents and injuries vary from state to state and are complex. Furthermore, most schools are local municipal government agencies, which means they are more difficult to sue due to the fact that most governmental entities are granted immunity from civil lawsuits. This legal concept is known as sovereign immunity, if on a state or federal level, and governmental immunity for cities, counties, and other smaller branches of government. Such immunity is arguably the most influential factor in determining who can be held liable after a student is injured at school.

Here in Indiana, our law recognizes and supports governmental immunity, which can pose a challenge for those who wish to seek compensation for their losses and damages following a school injury. However, many municipal governments make exceptions to the rule of not being able to be sued. Under strict, specific conditions, a family might be granted the right to sue a school after their child is seriously injured or killed on campus or while in their care. Examples of such conditions might include gross negligence, supplementary liability insurance coverage, and negligent supervision laws, premise liability laws, and more.

Your Next Steps as a Parent to an Injured Child

It is important to discuss your potential claim with an experienced Indiana personal injury lawyer who focuses on child injury claims. They have the knowledge and resources to guide you on the most secure path toward recovery. The deadlines and requirements for suing a school are much shorter and stricter in comparison to other types of personal injury claims, making it vital to have a seasoned professional in your corner. Get started as soon as possible by scheduling an in-person consultation to learn your rights.

Your Trusted Indianapolis Child Injury Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help filing a child injury claim in Indianapolis, Indiana. We represent injured persons and wrongful death dependents throughout the State of Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are motivated to help you get your life back on track after your child was seriously injured in an accident so you can concentrate on taking care of your child. We offer free initial consultations and never collect attorney fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with our Indianapolis child injury lawyers, today.

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At What Age Can a Child Be Left Home Alone?

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
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.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Common Examples of Negligent Supervision of Employees

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 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.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Who’s Liable for a Drowning Accident in a Private Swimming Pool?

Having a swimming pool on your property is a terrific luxury, but it also comes with a great deal of responsibility. Aside from regular maintenance and cleaning, pools encompass a wide scope of legal responsibilities as well. Not only is it important to understand your legal liability in owning a private swimming pool, it is also important to do what it takes to protect yourself from such liability.

If you do not take the proper precautions to ensure accidental drowning and other swimming pool-related accidents do not take place on your property, you could be held legally responsible for all subsequent damages and losses suffered by the victim and their family. Continue reading to learn what you need to know about swimming pool safety and liability.

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Indianapolis Personal Injury Attorneys 317-881-2700

Swimming Pool Laws

There are laws set forth in every state governing both private and public swimming pools, from simple permit and license regulations, to zoning laws, construction, and more. These laws differ among each state, 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, there are several laws regarding swimming pools. 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.

Swimming Pool Accidents and Liability

Common swimming pool accidents than an owner would be held liable for include drowning, orthopedic injuries, slip and fall accidents, concussions, and even electrocution accidents. Here in Indiana, the owner of a private swimming pool is the party liable for any accidents that happen on their property, whether they are present and supervising the use of the pool at the time of the incident or not. Not only must a swimming pool owner take the proper precautions to ensure accidents do not take place on their property while they are home, they must also protect the possibility of trespassers or those who use their pool without permission.

You see, a pool owner might also be found liable for an accident in their swimming pool if they did not take the proper actions to lock their pool up from the outside public. In the case that a group of kids use a private swimming pool, and someone drowns, the owner could be held liable if the gate was not locked, even though they did not give the kids permission to use their pool. In fact, a similar situation could also fall under attractive nuisance laws, which hold an owner liable in the case that their pool is visible to the public and has features that attract trespassers, such as twisting slides, giant figurines, or cascading waterfalls. This also includes pools with easy-access or within public view.

For these reasons, most states have ordinances that require pool owners to install fencing around their property. Posting a sign is not usually enough to evade liability in a swimming pool accident, so pool owners should take other precautions as well, such as:

☑ Having high fences that lock from within;
☑ Monitoring alcohol consumption among guests;
☑ Supervising kids and minors at all times;
☑ Installing motion sensing lighting outside;
☑ Installing video surveillance;
☑ Adhering to all state and federal laws governing private pools;

How to Make a Swimming Pool Accident Claim

If you are a victim of a swimming pool accident in Indiana, contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 as soon as possible. Our seasoned personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging any upfront fees. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Personal Injury Accidents That May Also Have Criminal Penalties

Criminal law involves crimes prosecuted by the state or federal government, rather than a private party or person. Criminal violations, like felonies and misdemeanors, are subjected to state and federal punishment; therefore, guilty individuals face jail time, probation, governmental fines, and in extreme cases, the capital punishment.

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties and prosecuted by private parties most usually. A common example of such cases involve personal injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the court or jury to decide who is at-fault and if the negligent party should pay remuneration to the injured person.

When it comes to tort law, or personal injury law, some accidents can render both civil and criminal consequences for the at-fault party. Continue reading to learn some examples of when an individual may also face state or federal charges for carelessly causing an accident that results in someone’s injury or harm.

Personal Injury Attorney Law Firm
Personal Injury Attorney Law Firm 317-881-2700

Civil and Criminal Lawsuits

Although murder is a crime against a person, the crime itself goes against state and federal law, therefore making it a criminal case, in addition to a civil one. These cases usually go to a jury trial where defendants are prosecuted by the state. In criminal litigation, defendants are allowed to appoint their own attorney, or have one appointed to them by the state if they cannot afford to pay for one themselves.  In the case of murder or homicide, the family of the victim may be able to pursue a wrongful death claim in civil court, and collect compensation for their loss, whether a child, spouse, or relative.

Additional Examples:

Car Accidents – If a person is driving recklessly or illegally, such as underage or intoxicated, and they seriously injure or kill another person as a result, the victim or their family can seek compensation for their losses and damages in civil court. Furthermore, the state may choose to press charges against the driver for criminal offenses, including operate a vehicle under the influence and causing bodily injury.

Negligent Supervision – If someone is guilty of negligent supervision, they may face both civil and criminal penalties if their actions are deemed criminal, such as in the case of child abuse, child negligence, manslaughter, nursing home abuse, and more.

Sexual Harassment at Work – If a person is being sexually harassed at work, they may be able to pursue a claim if the situation was ignored or not properly addressed by management. Furthermore, the wrongful party could face criminal penalties if the sexual harassment was criminal in nature, such as rape, sexual misconduct, voyeurism, and more.

Medical Malpractice – If a doctor or clinic negligently causes injury or death to a patient, they could be sued in civil court by the victim or their family, as well as, be charged criminally if their offense was intentional, egregious, or falls under manslaughter.

The circumstances among each case of personal injury victims vary greatly, especially when it comes to penalizing an at-fault party criminally. Always discuss your questions and concerns with a seasoned Indiana personal injury lawyer you can trust. They will be able to provide the best advice on which course of action you and your family should take after suffering the consequences of a serious injury.

Indiana Personal Injury Attorneys

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, and located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700