Category Archives: Child Injuries

Halloween Candy Safety Tips

Posted on by

This Halloween, don’t let yourself or your loved one’s become victims of unsafe Halloween candy. Continue reading to learn some helpful safety tips for checking your delicious and delectable treats before enjoying them!

Indiana Child Injury Attorneys 317-881-2700

Indiana Child Injury Attorneys 317-881-2700

Safety Tips for Checking Halloween Candy:

Always wait until all of your children are home from Trick-or-Treating before sorting and eating anything collected. Once everyone is together, have them dump out their candy at the same time to sort and check each individual piece. This will ensure that the candy in your home has been safely inspected, regardless of whose bag it came from. Furthermore, always have a responsible adult present to closely inspect each piece of candy.

Immediately discard any pieces of candy that show these signs:

🎃 Unusual Appearance
🎃 Strange Discoloration
🎃 Tiny Pinholes
🎃 Ripped or Torn Wrappers
🎃 Unwrapped Candy
🎃 Spoiled Foods
🎃 Homemade Items (i.e. baked goods, candy, etc.)

OVERALL: WHEN IN DOUBT, TOSS IT OUT!

Safety Rules to Consider:

Teach children to wait until they get home to eat any candy from their collection bag. Also, teach children to never accept anything that is not commercially wrapped.

Be aware that items like chewing gum, hard candies, nuts, and small toys can be a choking hazard for small children. It is wise to remove such items before letting children freely rummage through their stash.

It is also important to teach children about the dangers of sharing certain candies with other children since they can be choking hazards.

If you have more questions about contaminated candy, contact the POISON CONTROL CENTER at 1-800-222-1222, day or night. If you suspect that someone is passing around unsafe Halloween candy this year, contact the Indianapolis Police Department at 317-327-3811 to make a report.

Were You or Your Child Harmed By an Unsafe Product?

If you suspect that you or your child has suffered harm as a result of an unsafe product, contact a licensed Indianapolis personal injury lawyer right away to learn how to make a claim against the wrongdoer. You could be entitled to compensation for your family’s subsequent losses and damages, such as hospital bills, medical expenses, lost wages, and more.

Seasoned Accident Attorneys Who Can Help

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you believe you were injured by a defective product in Indianapolis, Indiana. Our seasoned accident attorneys are well-versed in product liability law and can help you obtain the settlement you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to get started, today.

How to Make a Personal Injury Claim for Your Child

Posted on by

Children are prone to an overabundance of accidents and injuries, such as day care injuries, car accidents, playground accidents, swimming pool accidents, and more. Since the law recognizes that children lack the mature judgment that adults typically have, it provides a separate set of rules and requirements when it comes to making a personal injury claim for minors. This means that the claim process is not the same as it would be for an adult.

If your child was recently injured in an accident, be sure you are aware of your rights as a parent of an injured child, as well as, the rights your child has as an injured victim. This can help you pursue a claim for compensation. Continue reading to learn more about personal injury claims for children, including the primary differences in law and where to get started.

Child Injury Lawyers

Indiana Child Injury Lawyers 317-881-2700

Child Injuries and Accident Claims

Most states provide laws that give children essentially the same rights to compensation as they do adults for accidents that involve personal injury. Although these laws differ from state to state, children injured negligently in accidents can pursue compensation for pain, suffering, permanent disability, and more, and parents may be eligible to receive compensation for medical bills and any other related expenses on the child’s behalf. Under such laws, parents and legal guardians are permitted to negotiate or file on behalf of their children as well.

When it comes to making a personal injury claim for your child, the best course of action is to contact a licensed Indianapolis child injury attorney as soon as possible to learn everything you need to know about your potential case. As mentioned, there are some key differences in laws and procedures for child injury claims, which can make it challenging for you to understand without professional counsel.

For instance, the statutes of limitations for making a personal injury claim is much longer for child cases than it is for adult cases. Additionally, courts recognize that child injury lawsuits are delicate and complicated, so they oversee these types of cases more carefully than they would otherwise because they are looking out for the best interests of the child.

Furthermore, courts must approve all settlements in child injury cases. They know that rewarded compensation can potentially be misspent by parents or guardians. So they will sometimes order for the compensation to be put into a safe investment or account until the child reaches adulthood. Then once a minor turns 18, they are either given full access to the funds or structured payouts.

Key Questions to Ask Regarding Your Child’s Accident

Here are some important questions to ask yourself when making a personal injury claim for your child’s accident:

✏ “Why Did My Child Get Hurt?”

✏ “How Did My Child’s Injury Happen?”

✏ “Who Was Responsible for My Child When He or She was Injured?”

✏ “Could the Accident Have Been Prevented?”

Indianapolis Child Injury Lawyers You Can Trust

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with child accident injury claims in Indianapolis, Indiana and its surrounding counties. Our child injury attorneys are well-versed in the tactics used by opposing parties to try and avoid liability in such accidents. We have prevailed for numerous child injury victims, and can do the same for you. Contact us to schedule a free initial consultation to discuss your case.

The Top 10 Most Dangerous Summer Toys for 2018

Posted on by

A reputable and publically recognized consumer group called W.A.T.C.H., Inc. has released their 2018 safety report that includes this summer’s most dangerous toys. If your child is injured as a result of a defective product, contact a licensed personal injury law firm right away for help with making a claim.

Continue reading to learn more about W.A.T.C.H. and which toys they have deemed “unsafe” for this summer.

Child Injury Attorneys 317-881-2700

Child Injury Attorneys 317-881-2700

World Against Toys Causing Harm, Inc.

World Against Toys Causing Harm, Inc. (W.A.T.C.H.) is a consumer group that specializes in research that supports prevention against toy-related injuries. It is a Massachusetts non-profit corporation dedicated to children’s causes, including raising awareness about unsafe children’s products, such as playground equipment, toys, furniture, clothing, and more. It was founded by Edward M. Swartz (1934-2010), who spent most of his career as a nationally-known trial lawyer and child safety consumer advocate.

Please visit their website at https://toysafety.org to learn more about their cause, review safety warnings, and much more.

Dangerous Toys and Playgrounds

According to W.A.T.C.H., the majority of child deaths that occur as a result of a defective or dangerous toy happen during the summer. In fact, these same reports show that emergency rooms treat 2.5 million injured children in the summer, every year. According to Centers for Disease Control and Prevention (CDC), emergency rooms treat more than 200,000 children ages 14 and younger for playground-related injuries. Furthermore, a 2017 report released by the U.S. Consumer Product Safety Commission (CPSC) estimates there were 174,100 toy-related emergency department-treated injuries and 7 deaths in 2016 to children younger than 15 years old.

Although the Toy Industry Association (TIA) insists that all toys for sale in the United States are sent through some of the sternest safety requirements in the world, the consumer advocates at W.A.T.C.H. disagree, stating, “Most people have no awareness of the lack of adequate mandatory pre-market safety testing of toys and children’s products in contrast to the rigid rules that exist for food and drugs.”

2018 Unsafe Toy Warning

In a recent press release held at Franciscan Children’s Hospital in Boston, MA on June 21st, World Against Toys Causing Harm, Inc. Consumer Advocates, Joan E. Siff (President) and James A. Swartz (trial attorney and Director) disclosed information to parents, guardians, and caregivers about the top 10 “Summer Safety Traps” for 2018.
These toys have the potential to cause a wide array of serious injuries and fatalities, including high falls, blunt force trauma, eye injuries, drowning, head injuries, choking injuries, and various orthopedic injuries. Here are the top 10 safety concerns they have listed for this summer:

⚠ Water Balloon Slingshots

⚠ High-Powered Water Guns and Guns with Projectile Ammunition

⚠ Backyard Swimming Pools (Above-Ground and In-Ground)

⚠ Backyard Water Slides

⚠ Shallow Water: Baby Pools, Garden Buckets, and Pool Covers

⚠ Bounce Houses and Backyard Trampolines

⚠ Low Riding Wheeled Toys (Big Wheels & Other Plastic Tricycles)

⚠ All-Terrain Vehicles (ATV’s)

⚠ Lawn Darts

Check out the actual W.A.T.C.H. press release for more information regarding this list.

Child Injury Claims

Contact a seasoned Indianapolis personal injury lawyer for information about receiving compensation after your child has been seriously injured or killed by a defective product or unsafe toy. They will tell you everything you need to know about making a child injury claim, and help you recover the full and fair compensation you deserve.

Indianapolis Personal Injury Lawyers Who Can Help

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

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.

Are Warning Labels Enough to Protect Toy Manufacturers in the Case of Children’s’ Injuries?

Posted on by

Child Injury Lawyer 317-881-2700

Child Injury Lawyer 317-881-2700

For any toys manufactured for children under the age of fourteen, the CPSCA (Consumer Product Safety Consumer Act), along with the Consumer Product Safety Commission, sets strict standards for product design and safety. Federal regulation and legislation provide a very explicit and detailed set of standards for toy manufacturers. Federal labs must be used to conduct tests for each toy in order to evaluate design safety and rule out product defects. And when potential hazards are foreseen by a manufacturer, some states require they place a warning label on their packaging. The labels have to be clearly visible on the package and describe the potential safety risk.

Although a warning label can inform consumers of certain foreseen hazards and safety risks, they do not cover all the possible risks and liabilities, so injuries can still happen. In the case that a child is injured by a manufacturing defect or flaw, a family could have a valid product liability claim to pursue. It is important to consult a licensed personal injury lawyer with experience in product liability claims. They can help you decide what legal approach is best for full and fair remuneration.

Can a warning label protect a toy manufacturer in a product liability case?

Not always. Warning labels do not stop defective products from injuring children, and other defects not mentioned in the label can occur as well. A manufacturer has a responsibility to make sure their products are properly tested and approved, and never unnecessarily harm a child. They also have a responsibility to warn against any unanticipated but reasonable dangers. A toy might test well as a whole, but the accessories that might come along with it could be a choking hazard not warned against. This is an example of how a warning label is not enough to exempt a toy manufacturer from legal liability when children injuries result from one of their products.

The law does not mandate that toy manufacturers design and produce toys that are entirely hazard-free and could never harm a child. This is quite impossible considering there is always risk in everything that we do. There are so many variables and factors that must be investigated and considered before assigning fault in a toy injury case. Depending on a number of aspects, a manufacturer may or may not be held liable for an injury caused by their product. It is all circumstantial. This is another reason why hiring a personal injury attorney is the best choice for a family dealing with a recent product defect injury to their child. They can determine if and where a manufacturer was negligent and caused the injury to your loved one.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a product liability claim in Indianapolis, IN.

Was Your Child Seriously Injured On a Trampoline?

Posted on by

Child Injury Attorneys 317-881-2700

Child Injury Attorneys 317-881-2700

According to the patent owner, competitive gymnast George Nissen, recreation was not the intended purpose of the modern-day trampoline. Instead, the original intention of the modern-day trampoline was athletic training, namely as a tumbling device. Shortly after their introduction, they were also applied in military aviation training. Although recreation was not part of the plan, manufacturers eventually learned how to produce frame work and hardware that could be easily assembled at home. This quickly transitioned trampolines into family recreation and leisure. Continue reading to learn what others think about recreational trampoline use.

Authorities Who Warn Against Trampolines

Throughout the years, trampoline manufacturers have added more safety features, such as padding or netting. However, the U.S. Consumer Product Safety Commission (CPSC) continues to warn consumers about the characteristic dangers of trampolines. In fact, the American Academy of Pediatrics (AAP) insists that these safety features have failed to impact the ongoing trampoline injury rate, especially among children. For many years, they have strongly advocated against recreational trampoline use. They even published a paper 5 years ago that discussed how trampolines pose a serious threat to the safety of children.

Read the AAP publication, here.

There are three types of accidents that commonly occur on trampolines. Users either collide into one another, fall off, or injure themselves on the springs and framework. The most common trampoline injuries include bruising and hematomas, orthopedic fractures and dislocations, spinal cord injuries, neck injuries, head injuries, and traumatic brain injuries.

Recreational Trampoline Use

Despite the dangers associated with recreational trampoline use, trampolines continue to be a staple in family backyards, and thousands are sold on the public market every day. You have probably enjoyed a trampoline as a child yourself, but whether or not you were hurt is not an indication of the potential threats they pose to children. If you own a trampoline for your child, it is important to set concrete safety rules for them, and to supervise playing children at all times.

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

If your child was seriously injured on a playmate’s trampoline, then you may need to consider a legal course of action. This is especially important if you are having trouble with your insurance company, or if the responsible party is unwilling to provide recompense for your damages and losses. This includes hospital bills, medical expenses, lost wages, prolonged physical therapy, pain and suffering, and more.

Contact an experienced Indianapolis child injury lawyer at Craven, Hoover, and Blazek P.C. for help getting started on your claim. We use every resource in our power to recover the full and fair settlement you and your child deserves. Call 317-881-2700 to schedule a free initial consultation, today.

Important Safety Concerns for Children’s Bounce Houses

Posted on by

Child Injury Lawyer 317-881-2700

Child Injury Lawyer 317-881-2700

Bounce houses have gained wide-spread popularity among youths. What was once only available at full-production affairs like carnivals and play centers, today bouncy houses are easily procured and rented by general consumers. Although fun and exciting for kids of all ages, bounce houses can pose a long list of serious dangers if certain precautions are not taken.

Whether you are throwing a birthday party for your child, or organizing a children’s fundraiser, a bounce house is a fantastic addition to the amenities you have planned. However, be sure to review some important safety information about installing and using a bouncy house before your scheduled event arrives.

Installation Concerns

There have been children in the past who have lost their lives as a result of an improperly-secured or installed bounce house. Large gusts of winds can come out of nowhere and sweep bounce houses off the ground in seconds, and with children inside. These cases have caused major to minor injuries, as well as death. Even without children inside, a rogue bounce house carried by wind can travel up to a mile or more, and during so, can collide and injure others, as well as, damage any property in its path. For these reasons and more, it is vital to ensure your bounce house is properly installed and fully-secured to the ground.

Operation Concerns

There are state regulations for bounce houses safety, and anyone operating one must adhere to all ownership and operation regulations. These regulations are very specific, and serve the purpose of preventing bounce house accidents. It is vital that you learn and practice all of them to ensure safe use of a bounce house.

Common Injuries

Aside from fatalities, the most common injuries suffered by bounce house users are muscle sprains and orthopedic injuries. These can happen by accident, or as a result of improper use. Aggressive behavior, overcrowding, and exceeded weight limits should all be avoided to reduce the chances of such injuries. Also, be very mindful of weather conditions and avoid operating a bounce house in wind, rain, or inclement weather.

Liability

If you own or rent a bounce house, you have a duty of care to ensure the children who play in it are kept safe. If the bounce house is not secured or operated properly and someone is injured as a result, you could be held liable for their damages and losses. On the other hand, if your child was seriously injured in a bouncy house, you could be entitled to certain compensation for your losses and damages. Talk to an experienced Indianapolis personal injury lawyer to learn your rights.

Indianapolis personal injury lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to compensation after your child was seriously injured in an accident in Indianapolis, Indiana. Our seasoned personal injury lawyers will work around the clock to ensure your family receives the full and fair compensation they deserve. Our law firm offers free initial consultations and never collects attorney fees unless we recover a settlement for you.

Can Birth Injuries Be Caused By Labor Inducing Drugs?

Posted on by

Child Injury Lawyers 317-881-2700

Child Injury Lawyers 317-881-2700

When a woman is past her due date, her obstetrician may decide to induce labor to avoid delaying the birth any longer. When childbirth is delayed, both mother and child can face certain risks. Not only can the unborn baby can grow too large, it can experience distress, which can lead to serious complications. Other times, a doctor may order a patient to be induced in the case that an epidural has slowed or stalled labor. Epidurals are pain-relieving drugs given to women in labor, but they can sometimes impede the labor process.

Side Effects

Complications can always arise during labor, but when medications are utilized, the risk of complications increase. There are multiple types of medications used to manually initiate labor in women during pregnancy. One of the most common and well-known labor-inducing medication is called Pitocin. Pitocin, along with all other types of labor inducing drugs, may cause side-effects in both mother and child. Common side effects for mothers may include nausea, vomiting, dizziness, and painful contractions. For infants, they may cause a slowed or irregular heartbeat, bleeding in the eye, and even seizures. Some side effects can be serious, but most go away as the medication wears off in the bloodstream.

Birth Injuries

As for birth injuries, they can occur when mistakes are made during the labor or delivery process, especially during unexpected complications, such as breaches, limited oxygen, and more. Doctors may use medical instruments like forceps or vacuums to dislodge or re-position an infant during labor. Improper technique or mistakes while handling such situations can cause harm to the infant, including bruises, orthopedic injuries, and Brachial Plexus damage. In this case, a woman and her child would have rights to any losses or damaged suffered as a result.

Indianapolis Personal Injury Lawyers

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your personal injury claim in Indianapolis, Indiana. We are seasoned accident attorneys who offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with an experienced Indianapolis personal injury lawyer, today.

Who is Liable for Driveway Backup Accidents?

Posted on by

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Driveway backup accidents occur when a child is playing in the driveway, and a person unknowingly backs out of the driveway in their vehicle, causing serious injury or death to the child. Whether the gear was shifted into neutral and the vehicle rolls backwards, or the driver just didn’t see the child behind their car, some form of negligence is usually to blame.

The most common people involved in such accidents are homeowners, relatives, friends, and neighbors, since they are the ones most likely to be parked in or near the home of the child. But who is actually liable for driveway backup accidents? The guardians? The homeowners? The driver? Because such accidents vary in detail, assigning liability is not always so clear cut.

Guardians and Negligent Supervision

In most cases of driveway backup accidents involving child injuries, it is either the driver or the child’s guardian (parent, nanny, relative, sitter, etc.) who’s legally held responsible for any injuries or damages caused to the child. Under Tort law, parents or guardians can be considered guilty of negligent supervision, which occurs when a person is in charge of monitoring a child fails to do so, resulting in severe injuries or wrongful death to the child.

In the case that a child shifts a vehicle out of gear causing it to back over another child in the driveway, it can be the owners of the vehicle and the property who are alleged liable for the damages. These cases are tricky since it can also be the parents of the victim who are responsible for the accident.

Manufacturer Defects

Sometimes, the manufacturer of a vehicle can be held liable in driveway backup accidents. For example, if a vehicle is equipped with defective backup cameras and sensors that failed to sense a child behind it, and as a result a child was seriously injured or killed in a driveway backup accident, it could be a product liability case in which the manufacturer of the vehicle could be held responsible for the accident and subsequent injuries and losses to the family.

Criminal Action

Although rare, criminal action can be taken against the person or party responsible. They can possibly be charged with vehicular assault or involuntary manslaughter, depending on the circumstance of the case and the state in which the accident took place. Often times, a wrongful death or personal injury lawsuit is filed instead to collect compensation for hospital bills, medical expenses, pain and suffering, and more.

Indianapolis Child Injury Lawyers

Personal Injury Lawyers Indiana

Personal Injury Lawyers Indiana 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if your child was negligently injured in Indiana. Our seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, have extensive trial and litigation experience and can recover the full and fair compensation you deserve to get your life back to a functional state. And we do not collect attorney fees unless we recover for you! Call 317-881-2700 to schedule a free initial consultation with one of our Indianapolis child injury lawyers, today.

Protecting Your Child From Playground Concussions

Posted on by

Child Injury Attorneys 317-881-2700

Child Injury Attorneys 317-881-2700

Parents want nothing more than the best for their children, and will go to great lengths to protect them from harm. So when it comes to head injuries, most parents consider the potential risk when signing their kids up for contact sports like football, soccer, and baseball. But many forget that playgrounds are also danger-zone for serious head injuries and concussion accidents. According to a new study conducted by the Centers for Disease Control and Prevention (CDCP), more than 20,000 kids under 14 years old suffer a traumatic head or brain injury on playgrounds, EVERY YEAR. With astonishing numbers like these, it is important to regard playgrounds as areas that require adult supervision.

Proper adult supervision reduces risky or unsafe child behaviors, as well as, improve equipment maintenance, playground surfaces, and their surrounding environments. Keeping an eye on our local playgrounds while attentively supervising children at play will help to reduce the risk of playground accidents and head injuries. Continue reading to learn more about protecting your child from traumatic playground head injuries, and what rights you have to compensation as a parent of an injured child.

Playground Concussion Accidents

There are two pieces of equipment on playgrounds that seem to be commonly associated with head injuries, and those are monkey bars and swing sets. These classic activities are fun when done safely, but many kids like to experiment and test their limits. Adult supervision can control risky child behaviors like these, and help to reduce the chances of a serious injury or accident.

Child Injury Attorneys 317-881-2700

Child Injury Attorneys 317-881-2700

However, in the case that playground equipment is poorly designed or constructed, it is difficult to prevent an accident even with safe behaviors. When this happens, parents want to know if they can sue if their child was injured on a playground. The answer is: “Quite possibly, but it depends.” Manufacturers of playground equipment have a duty of care to ensure their products are safe for play, which is why such companies can be held strictly liable if children are injured as a result of a product defect.

If your child was hurt on a playground as a result of defective equipment, it is strongly encouraged to contact an experienced personal injury lawyer to assess your accident and determine if you are entitled to compensation for your damages and losses. You could recover compensation for your child’s hospital bills, medical expenses, pain, suffering, and more.

Indianapolis Child Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a claim child injury claim in Indianapolis, Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. They will fight for your child’s rights following a serious head injury or playground accident. They offer free initial consultations to discuss your claim, and never collect lawyer fees unless they win your settlement. Call 317-881-2700 to schedule your consultation with an Indianapolis child injury attorney, today.

Can a Property Owner Be Held Liable for Injuries to a Trespassing Child?

Posted on by

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

Children are filled with curiosity and liveliness, two highly influential factors to their growth and development. But sometimes curiosity and spirit can initiate boldness, which can get children into trouble; trouble, at the most unfortunate times, being injury or harm. If a child were to trespass onto another person’s property and injure themselves, who would be responsible for their injuries and subsequent losses? Are there are certain laws in place to protect them and their families in this type of situation? Continue reading for answers to these child injury premise liability inquires and more.

Common Principles of Premise Liability

Premise liability is the legal principle that holds property owners, occupiers, and even renters accountable for any injuries or harm sustained by another person on their premises. These cases are ruled by the notion of negligence, and whether or not the owner or occupier demonstrated such negligence that caused unintentional harm to another person. A property owner has a certain duty of care to take reasonable action to maintain safe and hazard-free premises. But if a person trespasses onto anothers property and sustains an injury, the property owner is not liable. In the past, even child trespassers injured on private property were owed no duty of care by the premise owners. Modernly, this is not the case anymore.

The Attractive Nuisance Ordinance

If something is so enticing to a child that it motivates them to enter onto another person’s property, it is considered an attractive nuisance. Things like trampolines, swimming pools, tree houses, ponds, creeks, boat docks, construction equipment, heavy machinery, power tools, holes, wells, tunnels, exotic animals, staircases, junk cars, lumber piles, fire pits, sand dunes, low roof tops, and more are examples of attractive nuisances. Under modern law, property owners must retain a duty of care by keeping safe premises in the case of trespassing children. This is called the attractive nuisance ordinance, and is an exception to premise liability law.

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

Since modern law no longer expects children to understand what it means to trespass, and not appreciate the dangers it could involve, property owners have a special legal responsibility to make sure their premise is safe for kids that might enter their property unexpectedly. Property owners and occupiers are legally obligated to practice this special responsibility if they believe their premises might attract the interest of children, and is accessible by children.

If property owners, occupiers, or renters fail to meet this duty of care, they can be held liable for any injuries sustained on their property to children. Of course, courts also take into consideration a child’s age and intellectual capacity in order to determine whether or not they could understand the potential risk of injury on a person’s property. For example, if a person is digging an open pit in their backyard for a new swimming pool and hangs a sign that says “DANGER DO NOT ENTER”, they can still be held liable if a young child who cannot read enters their property and falls into the pit. On the other end of the spectrum, if a teenager with no mental handicaps enters the same property and sustains injuries, the owners may not be held liable for their damages.

For more details about attractive nuisances, premise liability, and child injury claims, consult a personal injury lawyer for trusted information and advice.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to set up a free initial consultation with a child injury lawyer in Indianapolis, IN today. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in premise liability and child injury cases. We offer free initial consultations and never charge lawyer fees unless we win your settlement. Call 317-881-2700 today for more information about child injury claims and premise liability in Indiana.