What Accident Victims Must Prove to Win a Slip and Fall Case

Posted on February 1, 2022 by admin

In many cases, a personal injury slip and fall accident occurs as a result of property owner, property occupant and/or property manager’s negligence. From spills and puddles to lax grounds maintenance, building code violations, deteriorating pavement, and more, slip and fall accidents can be a permanent condition or something temporary. Either way, if you are injured in a slip, trip, or fall accident, it is important to educate yourself on your rights as a victim of a personal injury. This applies to both visitors and staff of commercial businesses, as well as guests, tenants and occupants in residential settings.

Continue reading to learn what a slip and fall accident victim must prove in a personal injury lawsuit in order to win their case.

Slip and Fall Lawyers Indianapolis Indiana 317-881-2700

A Property Owner’s Duty of Care

Property owners have a legal liability referred to as duty of care, which requires them to maintain a safe and secure premises, free of any foreseeable hazards or dangers. The law will hold property owners responsible for a victim’s damages if said victim is seriously injured or suffers permanent consequences after slipping and falling on their premises as a result of violating this duty of care.

However, in order for an accident victim to win their slip and fall lawsuit, they must prove certain facts of their claim. This claimant obligation is known as burden of proof, and it is a central element in every personal injury case.

Burden of Proof in a Slip and Fall Accident

A slip and fall accident victim and their legal team of personal injury attorneys are responsible for proving their case. They must factually demonstrate that the negligent party’s carelessness caused unsafe conditions that led to the victim’s accident, and that the accident caused serious injuries that required hospitalization or medical treatment.

As a wrongfully injured victim of a slip and fall accident, it is important to ask yourself:

What caused me to slip and/or fall?

Should someone have known about the thing that caused my fall?

Was the cause of my accident foreseeable and preventable if proper precautions and inspections were performed?

These three questions will help you gain a basic understanding of your chance of success in pursing a slip and fall claim against a property owner or other negligent party.

If you are injured in a Slip and Fall:

If you are hurt in a commercial or business setting, even at work or school, or injured anywhere else, it is important to take pictures and video of the area of your accident, what caused your fall and retrieve all witness contact information. These two initiatives can help you prove your slip and fall case faster to the insurance carrier for the defendant.

You should always make a written report if possible as well. Following medical treatment, contact an Indianapolis personal injury lawyer as soon as possible before evidence is lost to support your claim or time runs out on the statute of limitations for your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your slip and fall case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with a licensed and experienced slip and fall injury lawyer in Indianapolis, Indiana. We have also successfully represented premises liability cases for big box stores like Walmart, Lowes, and Menards.

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

Do I Have to File a Personal Injury Claim if I Am Hurt in an Accident?

Posted on January 28, 2022 by admin

Merriam-Webster Legal Dictionary defines a personal injury as, “harm to one’s body, mind, or emotions broadly.” A personal injury typically results in a wide range of damages and losses, like medical bills, hospital bills, lost wages, pain, suffering, and more. Although it is not required by state or federal law to file a personal injury claim after being injured physically, mentally, or emotionally, there are many cases in which a victim should do so.

Continue below to learn under which circumstances an accident victim might want to make a personal injury claim, and how to get started on your own in Indiana.

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Personal Injury Claims are Not for Property Damages

Merriam-Webster Legal Dictionary further defines a personal injury as, “an injury that is not to one’s property.” This is important to note. Personal injury claims do not include property damages, such as automotive repair or damaged personal belongings after a car accident. Personal injury claims are solely meant to recover compensation for physical, mental, or emotional damages. However, a person who suffers a personal injury may also make a claim for property damages if need be.

Additionally, personal injury claims are reserved for those who are wrongly injured or killed by another liable party, either as a result of a negligent action or inaction, or an intentional act. Those who lost a family member due to the negligence of another may recover damages in a personal injury wrongful death claim. In such cases, a personal injury claim would be beneficial to a victim’s quality of life, now and in the future.

The most common types of personal injury cases are auto accidents, drunk driving accidents, motorcycle accidents, large truck accidents, slip and fall accidents, medical malpractice, construction accidents, workplace accidents, child injuries, defective products, and wrongful deaths.

When to Pursue a Personal Injury Claim

Why is it a good idea to file a personal injury claim after being injured in a wrongful accident? Personal injury survivors experience a wide range of stressors after their accident, including an influx of insurance claims, financial obligations, pain-and-suffering, and much more. This level of stress is heightened even more so for personal injury victims who are the primary wage earners or sole caretakers of their family. During this time, one’s sole focus as an injured victim should be to heal; not deal with these pressures and concerns.

Under these common circumstances, it would be considerably advantageous to file a personal injury claim. You can focus solely on your recovery, plus obtain compensation for your damages and losses caused by another person’s failure to use reasonable care. The first step in the legal process is to contact a trusted and experienced Indiana personal injury law firm. They have the knowledge, skills, resources, and drive to obtain the best possible outcome for your case.

Hiring an Attorney for Your Personal Injury Case

Many accident victims wonder if they need to hire an attorney to represent their case or if they can just represent themselves. Hiring a personal injury lawyer to represent your accident case is vital. You never want to represent yourself because insurance companies and large corporations will use every resource in their power to diminish the value of an accident claim. Such parties are extensively outfitted, and therefore, successful at doing so against those representing themselves.

A seasoned Indiana personal injury attorney will know how to combat all of the questionable strategies used by insurance adjusters and corporations, and ultimately ensure that you recover the maximum settlement or verdict for your claim.

Were you or your loved one wrongfully injured in an accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned Indianapolis Indiana accident attorney 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.

Evidence That Can Be Used in a Personal Injury Car Accident Claim

Posted on January 18, 2022 by admin

Serious car accidents generate serious damages and losses for wrongfully injured victims. Factors like hospital bills, medical expenses, and missed work can leave a car accident survivor drowning in out-of-pocket costs and payment responsibilities. Managing post-accident debt or financial struggles while physically and emotionally suffering and recovering from injuries makes the legal process even more stressful and confusing for car accident victims.

Sadly, car accident victims must fight for their rights to being fully compensated by the at-fault driver’s insurance company, especially since insurance companies always fight to pay out as little as possible. In order to do so, they will have to prove their losses by providing evidence to support their claim.

Continue reading to learn some examples of evidence that can be used in a personal injury car accident claim, plus how to ensure your case is successful.

Car Accident Law Firm Indianapolis Indiana 317-881-2700

Personal Injury Evidence for Car Accidents

When it comes to recovering a settlement for your damages and losses after being injured in a car accident that was not your fault, it is important to understand that you, the claimant, hold the burden of proof. This means you are responsible for proving the extent of your damages and losses, including your medical bills, related medical expenses, missed paychecks at work, and so forth.

Although some of these are evidence in and of themselves, there are other types of evidence you will need to gather and have available for your Indiana car accident lawyer in order to prove your personal injuries and recover a settlement that is appropriate for your claim. It is vital to hire a skilled and qualified personal injury law firm to represent your case. They will have the knowledge and resources to gather all available kinds of evidence relevant to your case and recover the full and fair settlement you deserve for your damages and losses.

Approved Forms of Car Accident Evidence

Personal injury evidence that works well to support a victim’s claim are tangible, certified, quantifiable, and official. These can be things like records, documents, videos, photos, witness statements, interrogatories, depositions, and more.

Police Reports

In a recent blog, we discussed the importance of always making a police report after car accident. A police report is one of the most useful types of personal injury evidence because it is written objectively by a trusted and qualified authority. It helps to prove fault in a car accident, plus confirm other details of an accident that are pertinent to an injured victim’s personal injury claim. Police reports and car accident reports are important records to have in a personal injury case, regardless of which side you are on.

Medical Records and Payment Receipts

Along with police and car accident reports, more critically important types of personal injury evidence to organize and gather for your case are medical records and medical payment receipts. Not only do you need to prove that your injuries are legitimate, and you’ve been taking the responsible actions to have your injuries treated by certified medical professionals, but you also want to demonstrate that you been paying out-of-pocket for your medical expenses and hospital bills. Your medical payment receipts will be a quantifiable catalog of evidence that you can apply to your case to prove your damages.

Videos and Photographs

Scene of the accident evidence is also important in a personal injury car accident case. Videos and photographs of the surrounding road and landscaping, street signs, property damages, vehicular damage, physical and visible injuries, and anything else related can be useful for proving an injured victim’s car accident claim. Another type of video evidence commonly used in personal injury car accident cases is surveillance video. Local gas stations, retail stores, shopping centers, and office buildings that are equipped with 24 hour surveillance can catch accidents in live action.

Injury and Property Damage Documentation

As just described, documentation of the scene of the accident is important evidence to have a personal injury car accident case. Injury documentation can include pictures and videos of your physical injuries or related struggles, as well as your medical records and hospital bills. Property damage documentation will include police report, pictures of vehicular damage, and appraisals for repair or replacement of the damaged vehicle.

Eyewitness Testimonies

Another type of personal injury car accident evidence is eyewitness testimony. Therefore, it’s important to gather contact information from onlookers who saw your car accident. This includes their name, address, phone number, email address, and if willing, even their place of employment. Witnesses can provide testimony to support your damages and losses following a wrongful car accident. Expert witnesses, like accident reconstruction specialists, engineers, physicians, and similar professionals, may also be asked for their testimonies. Your lawyer will determine if expert witnesses are necessary for your claim.

Interrogatories and Depositions

Personal injury witness testimony does not always stop at eyewitnesses and reconstruction specialists. In some car accident cases, lawyers will use interrogatories to get information, truthful information under oath, from the other driver in the accident. This is considered a type of witness testimony used as evidence in a personal injury car accident case. Depositions are another form of out-of-court testimony approved as reliable evidence in an accident case. They are given under oath, plus recorded by a court transcriber.

Talk to a Personal Injury Lawyer in Indiana

Keep in mind that every personal injury case is different, and not all forms of car accident evidence will be approved as proof of a claimant’s damages. Again, this is why it’s important to have a seasoned Indiana car accident lawyer working your case; they know exactly how to identify the best types of personal injury evidence for a victim’s claim and apply it to the best of their benefit.

Are you an injured victim of a wrongful car accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with a skilled car accident attorney and discuss your rights to pursue legal action against the at-fault driver. We represent clients all throughout the state, and there is no need to travel. We can hold consults over the phone or via online video conference.

Examples of Vicarious Liability in a Personal Injury Claim

Posted on January 11, 2022 by admin

In simplest terms, vicarious liability is when one party is held legally accountable for another party’s negligent or unlawful actions.

Although the first party is legally responsible, the law holds the secondary party accountable as well. Vicarious liability, also referred to as principle’s liability or imputed negligence, comes to play in situations where a person or corporation is supposed to be responsible for another person or thing but acts negligently instead.

Continue reading for more examples of this type of legal liability, plus who to contact in Indiana for skilled car accident or personal injury representation that will protect your rights to being fully compensated.

Vicarious Liability

To best understand how vicarious obligation works, it is good to review some generic cases in which it would come into play. For example, if an employer retains a staff of employees that act negligently while working for the company (i.e. sexual harassment, discrimination, driving a company vehicle, etc.), the employer can be held accountable for the resulting damages in a court of law.

Victims of this negligent behavior can file a lawsuit to pursue compensation for pain, suffering, and more from the employer, as well as the individual guilty employees. Employers in this situation are considered responsible because they have the duty to prevent and be aware of negligence in the workplace. By law, they should have stopped or prevented harmful behavior on the job. In addition, employers are generally liable under law for any negligent acts performed by their employees anywhere while they are in the course and scope of their employment.

Car Accident Vicarious Liability and Negligent Entrustment

Driving another person’s car can also involve vicarious liability. A child that drives and wrecks their parent’s vehicle, causing serious injury or death to another driver, may put their parents in legal tribulation. Parents, or guardians, have the responsibility to properly instruct their adolescent how to drive safely, and only loan their vehicle during appropriate times. So, if a parent entrusts their minor to drive their vehicle, and an accident occurs, the parent (or person) who signed the minor’s driving application, is held responsible for the damages. In such cases, the insurance carrier for the parents would also be involved.

The law deems a parent or guardian, also known as an entruster, negligent if they allow their teen to drive a vehicle in their name knowing that their child is reckless, untrustworthy, inadequate at driving, or unlicensed. If a child falls under any of these descriptions, and subsequently causes a serious accident, the guardians or guardians can be held accountable for the damages under the principle of negligent entrustment.

Are you looking for skilled personal injury law firm to represent you in your negligence case in Indiana? 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 also represent injured victims all across the state.

Information You May Be Required to Give in a Personal Injury Deposition

Posted on December 31, 2021 by admin

Personal injury depositions can feel intimidating, to say the least. But with responsible planning, you can face your personal injury deposition with poise and confidence. Always consult with your trusted attorney for deposition advice and guidance. They have the knowledge and resources to ensure you are ready for whatever questions you might be asked.

In fact, continue below to learn some common topics discussed in personal injury depositions to better prepare for the interview process. By knowing what information might be expected of you, you can ease your anxiety and put your best foot forward.

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Personal Injury Depositions

Putting in the groundwork for being deposed involves reviewing the common questions asked during a deposition and preparing your answers accordingly. Not only should you practice and review your answers for your personal injury deposition, but you should also review your answers to any accident reports filed, medical bills, recorded statements, interrogatories, adjuster interviews, and any other legal documents or filings you made with the court.

Common Deposition Questions for Accident Cases

There are various topics that might be discussed at a personal injury deposition. Common questions tend to range from general data like background information and contact information to more specific questions, such as one regarding your accident and injuries.

General Background Information

The initial part of a personal injury deposition is used to cover general information from the person being deposed. Such questions will generally involve topics like employment, employment history, place of residence, residence history, marital status, number of dependents, previous legal matters, insurance claim history, criminal history, medical history, health status, and more.

Accident and Injury Information

A personal injury deposition will eventually switch gears and dive into more specific topics of discussion, namely focusing on the accident and injuries. While being deposed, you can expect questions about the details of the accident, including your involvement, the accident site, police reports, car accident reports, mental state, health condition, and so forth. In the case of a motor vehicle accident, they will want to know the condition of your car prior to and following the accident, as well as the conversions you had with the other parties involved at the scene.

You will also face questions regarding your injuries, including the extent of your injuries, your physical limitations as a result of being injured, how your injuries are affecting your daily life, which doctors you’ve seen, how many appointments you’ve had, who referred you to each doctor, the types of treatments you’ve received, the status of your medical bills, and similar questions.

Are you looking for qualified and trustworthy personal injury guidance in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Our seasoned attorneys can meet with you over the phone or computer, or in-person at our Indianapolis law office.

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

Do I Have to Make a Police Report After a Car Accident?

Posted on December 28, 2021 by admin

You Should Always Make a Police Report After a Car Accident

Many people assume that the first step to take after a car accident is to contact their insurance company. But depending on the details surrounding the accident, in most cases, the first call to make is to the local police. Filing a police report after a car accident is one of the most responsible protections you can take. Having such documents on record can better streamline the claim and settlement process.

Continue reading to learn what you need to know about making a car accident report in Indiana, including who to contact if you were seriously injured by a negligent driver.

Indiana Laws and Procedures for Car Accident Reporting

In many cases, the law allows drivers to decide on their own if they want to contact the police after a car accident. In more serious cases, the law mandates that law enforcement is called to the scene. These laws and regulations vary among states. Here in Indiana, drivers are required by law to contact local law if certain conditions exist.

Indiana drivers involved in a car crash must call the police to report the accident if:

…the property damage is $1,000 or more.
…anyone dies or suffers an injury.
…the insurance carrier requires it in all cases.
…the other involved vehicle is unattended.
–Indiana Code § 9-26-1-1.1

Failing to make a police report after a car accident that meets these car crash reporting rules can possibly result in criminal penalties, as well as vehicle registration revocation, fines, and loss of driving privileges.

How to Make a Car Accident Report in Indiana

It is always best to report all car accidents to the police as this will allow you and your insurance carrier to obtain necessary documentation and information regarding both drivers. You should call 911. You can also contact the local police department or sheriff’s office in the municipality of your accident and sometimes they will have non-emergency numbers you can call to have an officer come out and make a report.

Following a police report, you would contact your insurance company to commence the claims process. Within 10 days’ time of the accident, you and the other driver or vehicle owner are required to have your respective insurance carriers electronically file a Certificate of Compliance with the Indiana BMV, which verifies that both parties have state minimum insurance coverage. Failure to do this can result in your driver’s license being suspended for a time.

The Importance of Making a Police Report After a Car Accident

Making a police report at the scene of a car accident is important for many reasons, whether the law mandates it for your particular incident or not. This is especially true for car accidents that result in bodily injury. For starters, your injuries may not manifest until later. These are known as late-appearing car accident injuries or an onset of symptoms. Delayed onset of symptoms is very common.

Additionally, your property damages might be more severe than you expected them to be, or worse, the other party involved could make false claims against you in an effort to evade liability for the accident. This is especially frustrating when you are not at fault in causing the car accident. Police reports can protect you from such complexities that can occur during the car accident claim process.

After being involved in a car accident in Indiana, not only is it encouraged to call the police to the scene so the officer can do his own police report, but it is also recommended to make your own car crash accident “report”. Do this by collecting the following information:

❒ Full Contact Information (Drivers and Passengers)
❒ Drivers’ License Number
❒ Car Insurance Details
❒ License Plate Number
❒ Photos of the Scene
❒ Photos of Registrations, Insurance Cards and Drivers Licenses
❒ Photos of Property Damage (both parties)
❒ Witness Contact Information
❒ Office Names and Badge Numbers

What To Do After Being Injured in a Car Accident That Was Not Your Fault

If you were injured in a car accident that was caused by the negligence or recklessness of another driver, you could be entitled to compensation for your damages and losses. Damages and losses may include hospital bills, medical expenses, property damages, lost wages, prolonged physical therapy, disability, pain-and-suffering, and much more. It is important to consult with the season Indianapolis personal injury lawyer to determine if your case is worthy of pursuing legal action against the other party involved in your car accident.

Have you been seriously and wrongly injured in a car crash in Indiana? You deserve aggressive legal representation to ensure you receive the maximum compensation for your damages. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a seasoned Indianapolis car accident attorney, today. We represent injured persons throughout the state of Indiana.

Facts About Electrocution and Electric Shock Accident Lawsuits

Posted on December 23, 2021 by admin

Electrocution and electric shock accidents are very serious, and unfortunately, more common than you think. According to the National Institutes of Health, virtually 1,000 victims lose their life to an electricity accident every year in the United States.

For the sake of better understanding this blog, note that electrocution accidents are those that result in death due to electric shock, while electric shock accidents are electricity accidents that do not result in death, but can result in a long list of severe bodily injuries and personal losses.

If you or someone you love is a recent victim of an electrocution or electric shock accident, continue reading to learn the facts you need to know about pursuing legal action against the negligent party responsible.

Electricity Accident Lawyer Indianapolis Indiana 317-881-2700

Electricity Accidents

Electrocution accidents cause death when the electrical current coursing through the body is sufficient to stop the heart. An electricity accident victim who suffers a smaller current may be recovered using a defibrillator. Smaller currents of electricity can trigger an irregular contraction of the cardiac muscle, known as fibrillation. Larger electrical currents typically result in death, but sometimes they result in permanent injuries, such as burns and neurological and cellular damage.

The severity of an electric shock or electrocution accident depends on various factors, including the amount of voltage, the type of current, the type of circuit, how long the patient was in contact with the electrical current, the path the electrical current traveled through the body, how quickly the patient receives medical treatment, any underlying medical conditions, and more.

Common Injuries Sustained in an Electric Shock Accident

Electric shock accidents typically result in serious bodily injuries, primarily severe burns, but also:

◾ Cardiac Arrest
◾ Respiratory Arrest
◾ Spinal Cord Injuries
◾ Orthopedic Fractures
◾ Kidney Damages
◾ Peripheral Nerve Damage
◾ Cataracts
◾ Nerve And Tissue Damage
◾ Ruptured Eardrums
◾ Seizures
◾ Confusion
◾ Amnesia
◾ Loss Of Consciousness
◾ Psychological Suffering
◾ And More

Suing for a Wrongful Electricity Accident

If you or someone you love was wrongly injured in electricity accident in Indiana, whether a wrongful death caused by electrocution or serious injuries caused by an electric shock accident, it is important to consult with a seasoned personal injury attorney right away. You can be entitled to a settlement or verdict for your hospital bills, medical expenses, lost wages, prolonged medical treatment, pain-and-suffering, loss of consortium, permanent disfigurement, permanent disability, and much more.

Are you searching for a trusted Indiana personal injury law firm to represent your electricity accident case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a skilled civil litigator and discuss your electric shock or electrocution accident claim in Indianapolis, Indiana. Act now before time runs out on your claim or evidence is lost to support your claim.

Can I File a Lawsuit if I Am Injured on Public Stairs Without Railing?

Posted on December 20, 2021 by admin

Fall accidents on public stairwells occur more than you think. According to a recent study published by the National Library of Medicine, it is estimated that 1 million victims suffer injuries each year in the United States because of defective or negligently-maintained staircases. Such accidents take place on stairs in public spaces, multi-housing complexes, commercial buildings, and more.

If you are a recent stairwell accident victim that was injured due to a missing or defective handrailing, continue reading to learn what you need to know about your rights to pursing legal action against the responsible party and what types of damages you might recover.

Stairwell Accident Lawyers Indianapolis IN 317-881-2700

Stairwell Building Codes for Indiana

Each state has their own set of building codes and ADA (Americans With Disabilities Act) requirements. Public spaces, businesses, and commercial buildings are mandated by law to adhere to all building and construction standards listed in such codes, and at all times.

Here in Indiana, there is a specific set of regulations for interior and exterior public stairwells that have more than 2 risers. These regulations and building codes are highly complex and comprehensive, so here are some primary points:

► Maximum Height of Each Riser – 8 ¼ Inches
► Minimum Height of Each Riser – 4 Inches
► Minimum Length of Each Step – 9 Inches

*All stair tread must be even and uniform.
*Maximum riser must not exceed the smallest by more than 3/8^th inch

Handrails have their own set of building codes and standards. For Indiana, stair railing must adhere to several requirements, such as:

▷ Railing cannot have any gaps and must be continuous.
▷ Handrails are mandated by law for stairwells with more than 3 risers.
▷ Rails must be a minimum of 34 inches and maximum of 38 inches from the tread.
▷ At least 1 ½ inches of space is required between the wall and the handrail.
▷ Railing must be free of sharp edges or corners.

Suing for Injuries Caused By Defective Stairwell Handrails

If you were seriously injured on public stairs because they were not up to code according to Indiana law, you are entitled to pursing compensation for your damages and losses through a slip and fall accident claim or premises liability lawsuit. Consult with a licensed Indianapolis IN personal injury lawyer as soon as possible, before all evidence is lost to support your claim, or time runs out on your case.

You may be able to recover a settlement or verdict for damages like hospital bills, medical expenses, lost wages, pain and suffering, permanent injuries and similar costs and losses. Just be sure to choose the right Indiana personal injury law firm to represent your case. They will be your best chance at recovering the full and fair amount of compensation you deserve as a victim of an Indiana stairwell accident.

Not sure how to get started with a personal injury premises liability claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned Indianapolis civil litigator regarding your stairwell slip and fall accident. We represent clients throughout the state of Indiana.

These Children’s Toys Made the Most Dangerous List for 2021

Posted on December 17, 2021 by admin

The holidays are fast approaching, and you probably have most of your Christmas shopping done already. But if you are taking on the role of Santa this year to a bunch of beloved kiddos, be sure to avoid toys that have been suggested to be hazardous or defective by World Against Toys Causing Harm (W.A.T.C.H.). These toys can cause serious injury or death to children of all ages, including infants and teens.

Continue below to review W.A.T.C.H.’s list for the most dangerous children’s toys of 2021, plus what to do if your child is injured by a defective toy or product in Indiana.

Child Injury Lawyer Indianapolis IN 317-881-2700

W.A.T.C.H.’s List of the Most Hazardous Children’s Toys For 2021

No one wants to be responsible for providing a child with a toy that ultimately injures or maims them. It is important to strongly consider which toys and products you purchase for children by considering their age, as well as the consumer reviews on safety and operation. Common injuries that result from hazardous children’s toys include blunt force trauma, electrocutions, choking, chemical burns, and suffocation.

The World Against Toys Causing Harm (W.A.T.C.H.) is a well-revered, long-standing organization that works in depth to identify dangerous or hazardous children’s toys. According to their comprehensive studies, a child is treated every three minutes in an emergency room for toy-related injuries.

Last year, we provided a blog on the most dangerous children’s toys of 2020, so be sure to review these toys as well, as they may still be on the market and on the shelves at your local department stores and on-line. As a result of this dangerous toy list, nine children lost their lives, while nearly 200,000 others were injured, some seriously.

This year, W.A.T.C.H. suggest that these are the top 10 most dangerous children’s toys to avoid:

➀ Bright Starts Tummy Time Prop & Play – Risk of suffocation
➁ Hape Learn To Play Drum – Risk of choking
➂ Hover-1 My First Hoverboard – Risk of head injuries and orthopedic injuries
➃ Nerf Hyper Rush-40 Blaster – Risk of eye and face injuries
➄ Perfectly Cute My Lil’ Baby Feed & Go Set – Risk of choking
➅ Radio Flyer Spin ‘N Saucer – Risk of impact injuries
➆ Rollers Light-Up Heel Skates – Risk of blunt impact injuries
➇ Snake Eyes G.I. Joe Origins Ninja Strike Sickles – Risk of blunt force impact and eye injuries
➈ Squeakee Minis Poppy the Bunny – Risk of battery ingestion
➉ Walmart My Life As Shopping Basket – Risk of choking
*These are in no particular order.

Protection for Children Injured by Defective or Dangerous Toys

As United States citizens, we have certain legal protections against hazardous or unsafe products. The U.S. Consumer Product Safety Commission (CPSC) set such requirements for manufacturers, which mandate them to follow strict health and safety standards. So, when consumers are seriously injured or killed by a hazardous product, certain legal entitlement may ensue.

If your child was injured by a dangerous or defective toy, your first step is to get them immediate medical treatment. Then, as soon as possible, contact an experienced Indianapolis Indiana personal injury law firm for help pursuing legal action against the negligent manufacturer or retailer. A seasoned civil litigator will navigate your child injury product defect claim from start to finish, recovering the maximum settlement for your child’s damages and losses.

Are you looking for a qualified personal injury law firm to help you with your child injury case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation and discuss the best course of action for your child injury product liability claim in Indianapolis, Indiana. We serve clients all throughout Indiana.

Can I Make an Injury Claim With My Gym’s Insurance Company for a Slip and Fall Accident?

Posted on December 7, 2021 by admin

Gym and fitness center memberships are a luxury expense; therefore, it is understandable that members expect a certain standard of professionalism and client support. That includes their own safety. After all, people go to the gym to improve their health, not harm it. So, when a wrongful accident happens, clients can feel betrayed.

One of the most common types of gym accidents are slip, trip, and fall accidents. From defect equipment and negligent staffing to inadequate facility maintenance, structural integrity negligence, poor security, and more, there are all kinds of ways a fitness business can expose clients to hazardous slip and fall conditions as a result of negligence.

If you were recently injured at the gym after falling because the gym was negligent, it is important to learn your rights to obtaining compensation to cover your related damages and losses. Continue below to learn how to bring about a slip and fall accident claim against a negligent gym or fitness center in Indiana.

Gym Accident Injury Lawyer Indiana 317-881-2700

Gym Liability Basics

Is your gym liable if you fall and seriously hurt yourself on their premises? The answer depends on the specific factors of the accident. Waivers or membership agreements can sometimes play a central role in fitness studio and gym liability. But does signing a gym waiver also sign away your rights to compensation following a gym accident? Again, the answer will vary depending on the details of the event.

Most gym liability waivers do have language in them that attempts to void their liability in the case that a member is hurt on their premises. But just because these waivers state that members cannot sue the gym following an accident, such waivers are not always enforceable in a court of law.

Common Types of Gym Waivers:

▷ Total Liability Waiver – Total waiver of liability agreements are written to relieve a gym of all legal responsibility in the case of a member accident. Many courts tend to find these extensive waivers overly broad, and therefore, unenforceable in a lawsuit.

▷ Waiver For Negligence – These waivers are designed to free a gym of liability in the case that a member is injured on their premises due to gym or staff negligence. Although these are generally enforced in a court of law, there are many exceptions in which they are not.

▷ Intentional Acts Waiver – Also called a waiver for intentional acts, this type of liability agreement is meant to rid a gym of any legal liability in the case that a member is injured due to intentional acts of negligence, reckless, or egregious misconduct. Very often, these waivers are not enforced in a personal injury lawsuit.

Premises Liability Law in Indiana

In all states, property owners, including all businesses, have a legal responsibility to ensure their premises are safe and free of foreseeable hazards, for both guests and staff. This is referred to as a duty of care, and it is the law. Any store or commercial space that invites people in or onto their property is required to fulfill this legal duty, and this includes fitness studios and gyms. Gym and fitness centers are expected to use a high level of caution to make sure their property is safe for all.

Such responsibilities include making repairs as needed, making updates and renovations as needed, implementing routine inspections, staying up to code on all systems, implementing routine cleaning and maintenance, and post warnings in trouble areas. If a gym neglects or fails to uphold their duty of care, whether through action or inaction, they can be held liable for any resulting damages and losses suffered by the accident victim and their insurance company would have to pay any verdict or settlement.

It is critical that you speak with a seasoned Indiana personal injury lawyer about pursing a premises liability lawsuit against a negligent gym after being injured on their property in a slip or fall accident. Time is of the essence, so act fast before any evidence is lost to support your case.

Are you a recent gym accident victim looking for seasoned legal representation in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced slip and fall accident attorney in Indianapolis, Indiana. We represent injured persons throughout the state.