Staying Afloat: What You Need to Know About Drowning Accidents

Posted on August 15, 2023 by admin

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

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

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Some Causes of Drowning Accidents

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

▶ A lack or proper supervision

▶ Inadequate or malfunctioning pool safety equipment

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

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

▶ Other malfunctioning or inappropriate pool equipment

Consequences of Drowning Accidents

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

Preventative Measures

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

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

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

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

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

…properly providing and maintaining all pool equipment

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

Wrongful Death Claims

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

Personal Injury Claim of the Victim

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

Open Water Accidents

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

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

In Summary

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

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

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

The Dangers of Unsupervised Swimming: What Parents Need to Know

Posted on June 20, 2023 by admin

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

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

Swimming Pool Safety Advice That All Parents Need to Know

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

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

Understand the Real Risk of Drowning

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

Teach Kids About Pool and Swimming Safety

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

Look for Pool Hazards and Plan Around Them

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

Use Age-Appropriate Flotation Devices

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

Hire a Personal Injury Law Firm After a Wrongful Accident

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

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

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

10 Things to Know Before Filing a Slip and Fall Accident Claim

Posted on April 18, 2023 by admin

If you’ve been injured in a slip, trip, or fall accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, or other damages. You should hire a slip and fall attorney to represent you as soon as you can and there are some important things that you should know. Continue reading to review 10 essential tips to help make sure your case is successful.

Call 317-881-2700 to Speak With a Slip Fall Lawyer in Indianapolis IN

Thinking About Filing a Slip and Fall Accident Claim?

Read Through These Tips First:

1. Document the Accident – Take pictures and video (if possible) of the hazard that caused your fall, as well as any injuries you sustained and any medical treatments you’ve received. This information may be needed to prove that you were indeed injured in a slip and fall accident.

2. Get Medical Treatment Immediately – It is important to seek medical treatment right away after an injury so that it can be documented in your medical records. Once your claim is filed, these records will be used to help determine the amount of compensation you deserve for your injuries and the defendant’s insurance company will want to review those records.

3. Request Property Owner Preserve Evidence – Make sure to request as soon as you can, in writing if possible and at the time of your fall if possible, that the property owner document the date, time and place of your fall and the names and addresses of any witnesses. Also request that they retain any and all video surveillance of the area of your fall showing what made you fall and how the danger that made you fall got there and how long it had been there prior to your fall.

4. Notify the Property Owner – If your slip and fall accident occurred on someone else’s property, it is important to notify the owner or manager of that property as soon as possible so they can make a record of the incident and possibly attempt to fix the hazard that caused your injury so nobody else gets hurt.

5. Preserve Evidence – Don’t discard any clothing or items involved in the accident because they may contain evidence that could help prove liability in court. Also, document anything unusual about the conditions of the area where you were injured such as spills or broken stairs.

6. Speak With Witnesses – Witnesses at an accident scene are invaluable when it comes to proving fault in court. Make sure to get their contact information in case you need to speak with them later on.

7. Contact a Slip and Fall Attorney – It is always best to consult an experienced Indianapolis slip and fall lawyer before filing a claim or taking any legal action against the property owner and their insurance carrier. A slip and fall personal injury attorney will be able to review your case and advise you of your legal rights and options for seeking compensation.

8. Understand the Statute of Limitations – Each state has its own statute of limitations governing how long after an injury you have to file a claim. Make sure that you are aware of this time period because if you miss it, your right to seek compensation could be lost forever. In Indiana, you have 2 years from the date of the accident to file a slip and fall claim in most cases, excluding those involving governmental entities.

9. Gather Financial Documents – Make sure to have all medical records, medical bills and other financial documents related to your accident claim on hand before filing a claim with an insurance company or going to court. This will help you prove the amount of compensation that you are entitled to.

10. Negotiate a Settlement – If the property owner’s insurance company offers you a settlement, make sure to get legal advice from your slip and fall attorney before accepting it as it may not be sufficient enough to cover all of your damages. Your attorney can help negotiate a more favorable settlement if necessary and can advise you on what the ramifications of a settlement would be.

Conclusion

These 10 tips should give you an idea of what is involved in filing a slip and fall accident claim. Remember that it is important to act quickly after an accident and seek legal advice from a qualified slip and fall attorney who can help you get the compensation you deserve for your injuries.

Having this information clearly documented will make it easier for both your lawyer and the court and jury to understand the full extent of your damages. This type of evidence can also be used to help prove the damage amount in court or during settlement negotiations. Keeping track of all related expenses such as medical bills and lost wages will also be beneficial for your case.

Are you ready to learn more about your rights and eligibility as a personal injury victim or defendant? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a no-fee personal injury consultation with a trusted and professional slip and fall lawyer in Indianapolis, today. We represent clients all throughout the state, even if you are an Indiana resident who was injured in another state, or an out-of-town visitor injured in Indiana.

Can I Sue a Business if Injured After Slipping on Snow and Ice?

Posted on November 22, 2022 by admin

Slip and fall accidents are unfortunately all too common during the winter months. If you slip and fall on snow or ice at a retail store in Indiana, you may be wondering if you have any legal recourse. The good news is that under Indiana law, retail stores do have a duty to keep their premises safe for customers. This means that if you slip and fall on snow or ice at a retail store in Indiana, you may have grounds to sue the store for premises liability.

Continue below to learn how slip, trip, and fall accident lawsuits work when caused by snow and ice, plus which Indiana law firm to trust for seasoned premises liability representation.

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Premises Liability Law in Indiana

Slip and fall accidents can occur any time of year – including in the winter when surfaces are wet, icy, and slushy. Premises liability law is the legal doctrine that holds property owners and occupiers responsible for accidents and injuries that occur on their property. This includes slip and fall accidents, which can be caused by a number of different hazards, such as ice, snow, or slippery surfaces.

Types of Premises Liability Cases

There are three main categories of premises liability cases: trip and falls, slip and falls, and stairway falls. Trip and fall cases are the most common, followed by slip and falls. Stairway falls make up the smallest percentage of premises liability cases. Most premises liability cases involve negligent property owners or occupiers. This means that the property owner or occupier did not take reasonable care to find and fix the hazard that caused the accident. In some cases, the property owner or occupier may have known about the hazard but did nothing to fix it. Moreover, a property owner can be held liable if they failed to conduct reasonable inspections as well.

Filing a Premises Liability Claim After a Slip and Fall Accident

If you have been injured in a slip and fall accident, you may be able to file a premises liability claim against the property owner or occupier. To do this, you will need to prove that the property owner or occupier was negligent in some way. You will also need to show that your accident was caused by the property owner or occupier’s negligence. If you are successful in your claim, you may be able to recover damages for your medical expenses, lost wages, and pain and suffering. You may also be able to recover punitive damages, which are designed to punish the property owner or occupier for their negligence. Once you obtain a verdict or settlement against the property owner or occupier, you can collect that money from their insurance carrier.

How to Protect Yourself as a Slip and Fall Victim

If you slip and fall at a retail store in Indiana, be sure to take pictures of the scene, ask the property owner or occupier to keep video of the fall and the 3 hours before the fall and 3 hours after the fall and get the contact information of any witnesses. Then, consult with an experienced Indianapolis personal injury attorney to discuss your legal options. With the right legal help, you may be able to recover damages for your injuries and hold the store accountable for its negligence under Premises Liability Law.

If you have been injured in a slip and fall accident, contact an experienced personal injury attorney today to discuss your case. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with an experienced premises liability lawyer in Indianapolis, Indiana. We represent clients all throughout the state and Indiana and residents of other states injured in Indiana.

Who is Liable For Stadium Injuries and Accidents?

Posted on October 14, 2022 by admin

A stadium injury is a type of personal injury that can occur while attending a sporting event. While most injuries at stadiums are minor, some can be serious and even life-threatening. In this case, liability is a key focus. But who is responsible for stadium accidents and subsequent injuries? Well, it might be the stadium owners, but it might not. The answer depends on several factors that are critical to determining fault in a stadium incident that results in someone getting hurt.

Continue below to learn more about stadium injuries and accidents, including common types, how to avoid them, and who might be liable for an injured fan’s damages.

Stadium Accident Lawyer Indianapolis Indiana 317-881-2700

Common Types of Stadium Injuries and Accidents

The most common types of stadium injuries include slips and falls, being hit by flying objects, and being trampled by crowds. Parking lot accidents are also common, including pedestrian accidents, car collisions, and even muggings and assaults.

Slipping, Tripping and Falling

Slips and falls are the most common type of stadium injury, and they can occur anywhere in the stadium. Wet floors, spilled food and drinks, and uneven surfaces can all lead to slips and falls. These injuries can range from minor scrapes and bruises to more serious injuries like broken bones and concussions.

Struck By Objects

Being hit by flying objects is another common type of injury that can occur at stadiums. Fans sitting in the stands are at risk of being hit by flying objects like balls, bats, and gloves. These objects can travel at high speeds and can cause serious injuries like concussions, skull fractures, and internal bleeding.

Trampled or Crushed

Being trampled by crowds is another risk for fans attending sporting events. Injuries from being trampled can range from minor scrapes and bruises to more serious injuries like broken bones, concussions, and internal bleeding.

Liable Parties in a Stadium Accident

A stadium accident can have many liable parties. The most obvious party would be the stadium owner or operator. They are responsible for the safety of the premises and for any accidents that occur on their property. If the accident was caused by a dangerous condition on the property that they knew about or should have reasonably known about, yet failed to do anything about it, they may be held liable.

Another liable party could be the company that designed or built the stadium. If there were any defects in the construction of the stadium, they could be held responsible. Additionally, if the accident was caused by faulty equipment, the manufacturer of that equipment could be held liable.

Finally, if the accident was caused by the negligence of another party, such as a security company, they could also be held liable.

Protecting Yourself and Your Loved Ones at Stadium Games

The best way to avoid being injured at a stadium is to be aware of your surroundings and stay alert. If you are sitting in the stands, pay attention to the game and be aware of where the players are. If you are attending a game with children, keep them close to you.

If you have been injured in a stadium accident in Indiana, seek medical attention right away. After being seen by medical professionals, it is important to speak with an experienced Indianapolis personal injury attorney to discuss your legal options. An attorney can help you determine who may be held liable for your injuries and help you recover the compensation you deserve.

Are you looking for an experienced civil litigation law firm that help you determine the best legal strategy to take after your stadium injury accident? 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 accident lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana and Indiana residents injured in other states. We do not charge a fee unless we make a recovery for you.

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

Posted on October 11, 2022 by admin

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

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

Retail Store Injury Lawyer Indianapolis Indiana 317-881-2700

Shopping Cart Injuries and Legal Claims

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

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

Types of Shopping Cart Injuries

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

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

Suing the Store or Another Shopper for Shopping Cart Injuries

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

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

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

Frequently Asked Questions About Swimming Pool Accident Claims

Posted on July 15, 2022 by admin

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

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

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

Pool Accident Lawyers Indianapolis Indiana 317-881-2700

Summertime Swimming Pool Liability

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

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

Swimming Pool Accident FAQS

Who is Liable for a Swimming Pool Accident?

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

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

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

Are Swimming Pools Considered an Attractive Nuisance?

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

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

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

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

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

Am I Liable if My Guests Drink and Drive?

Posted on June 9, 2022 by admin

Social host liability is a real thing, and you should be fully informed of this legal responsibility before serving alcohol at your next soirée. Of course, not all states have social host liability laws, such as New York and California, but most do. So, do your part by learning what it takes to be a safe and responsible social host.

Drunk Driving Accident Lawyers Indianapolis Indiana 317-881-2700

Key Facts Surrounding Social Host Liability

If you are planning to serve alcohol to guests at your next event or party, be sure you know where you stand in terms of legally liability. The law will hold you [and therefore your home owner’s insurance company] responsible for the actions and inactions of your intoxicated guests, including drinking and driving. In fact, DUI cases are among the most common scenarios in which social host liability comes into play. If you knowingly serve alcohol to an already-inebriated guest or over-serve alcohol to a formally-sober guest, and then they drive home, you can be held legally responsible for any damages and losses they cause while operating their vehicle under the influence of alcohol.

Whether they drunkenly decided to joyride across a private golf course, fall asleep at the wheel and hit a pedestrian, or cause a serious auto accident that results in bodily harm to another, responsibility for these incidents could link back to you if the driver got drunk at your party on your alcohol. In serious cases, a social host could face criminal charges on top of a civil lawsuit.

Serving Minors

Social hosts also have a legal duty of care to ensure alcohol does not get in the hands of anyone who is under the legal drinking age. If you are caught serving alcohol to a minor, and that minor, under the influence of alcohol, drives and gets into an accident, you could be held civilly and criminally responsible. This also applies in some cases of unknowingly supplying alcohol to minors. In the case that your teenager and some friends steal the liquor from the cabinet, and then an accident takes place as a result of their intoxication, the law might hold the homeowners and legal guardians liable.

Dram Shop Laws

Restaurants must uphold this same duty of care. Dram Shop laws impose legal liability onto owners of bars, restaurants, liquor stores, and any other establishments that sell alcoholic beverages and products to intoxicated customers. These laws are set to protect individuals from harming themselves or others as a result of over-indulging in alcohol. For instance, it is possible for a victim of a drunk driving accident to sue the establishment that sold the drunk driver the alcohol, but only if the driver was already intoxicated at the time of the sell.

Were you or a loved one seriously injured in an accident caused by a drunk driver? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced drunk driving accident lawyer in Indianapolis, Indiana. We represent all drunk driving cases throughout the state of Indiana, including car accidents, truck accidents, pedestrian accidents, motorcycle accidents, wrongful deaths, and more.

Legal Facts About Shopping-Related Personal Injury Claims

Posted on May 17, 2022 by admin

When you plan an afternoon out to run errands or go shopping, you don’t usually portend any sort of danger. However, among all the personal injury claims made in the United States, shopping-related injuries are one of the most common. Accidents like slip and falls or orthopedic injuries are common shopping injuries that occur at a store due to store owner negligence. If you were recently injured on a shopping trip, it is important for you to understand the law so that you may best protect your rights to being compensated for your damages.

Continue reading to learn what you need to know about shopping- how to get started on learning your eligibility for pursuing legal action against a negligent property or store owner.

Store Accident Injury Lawyers Indianapolis IN 317-881-2700

Shopping Injuries and Accident Claims

Going over budget is not the only risk shoppers take when they visit a store. Shopping accidents are a common occurrence, and they happen under all sorts of different circumstances. In the case that a store owner was negligent by not taking the proper actions to maintain a safe premises or warn consumers of any potential hazards, an injured shopper could make an accident claim against them. Shoppers are not the only ones granted this civil right; workers, staff, and guests are also protected against such negligence.

Types of Shopping-Related Injuries

Shopping-related injuries describes a broad range of personal injuries that take place in a retail establishment, such as a mall or department store. These types of accidents increase in frequency during high shopping seasons, like Black Friday, Christmas, Labor Day sales events, and Memorial Day weekend sales.

One of the most common types of shopping-related personal injury accidents is slipping. Slip and fall accidents can cause serious muscular and orthopedic injuries, both of which can have long-lasting consequences. Neck, shoulder, hip, knee, and back injuries are common traumas suffered in a slip and fall accident, while more serious injuries include spinal injuries, head injuries, and broken bones. In the most serious of cases, shopping injuries can lead to wrongful deaths.

Slip, trip, and fall accidents are not the only type of shopping related accidents seen across the country. Additional types of shopping related injuries include crushing or blunt force trauma caused by a heavy falling/tipping object, or even trampling accidents caused by overcrowding. Shoppers are often injured in parking lot accidents as well due to poor lot design, poor lighting conditions, negligent maintenance, and failure to remove snow and ice.

Liability for Shopping Injuries to Consumers

So, when is a store owner responsible for a shopping accident that causes injury? The basis of all personal injury claims is proving negligence. Under premises liability law, a store owner has a legal duty of care to ensure that their premises is reasonably safe and free of any relatively foreseeable hazards. If a store owner fails to uphold this duty by not taking the proper actions to keep their premises safe or neglects to warn shoppers of a possible on-site hazard, they can be held accountable for the victim’s damages and losses.

To be successful in a personal injury claim, an injured shopper and their legal team would need to prove that:

▷ The store owner was (or should have been) aware of the hazardous condition.

▷ The store owner failed to provide routine inspections and maintenance on the premises.

▷ The shopper would not have been injured had the premises been free of hazardous conditions.

▷ The injuries suffered by the shopper were caused by the dangerous condition.

▷ The shopper suffered damages because of the accident.

Also, you should note that an entity leasing the property, as well as companies hired to manage and maintain the property can also be potential defendants in a slip and fall case.

Your Next Step as a Shopping Accident Victim in Indiana

It is important to retain professional legal counsel right after an accident has taken place. You could be entitled to compensation for your medical expenses, hospital bills, pain and suffering, lost paychecks from time off work, and much more. Be sure to choose a skilled personal injury law firm in Indiana for trusted legal advice regarding your claim.

Not sure which personal injury law firm can help you recover the maximum settlement for your shopping accident claim 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 an experienced premises liability personal injury attorney in Indianapolis, Indiana. We represent clients throughout the state and can hold meetings via phone, internet, or in person.

Who is Liable for Construction Defects That Cause Personal Injury Accidents?

Posted on May 10, 2022 by admin

Springtime is the prime time of year to break ground on construction projects. Builders, engineers, architects, and contractors are all working to get their plans in motion now that the weather is warmer. Such professionals are trained in their industry and required by law to maintain certain certifications and licensing, but that does not mean they do not make mistakes, sometimes very serious and deadly mistakes.

Construction defects are a common cause of serious, injurious accidents across the nation. But when someone gets hurt because of a construction defect, who would be held legally liable for their damages?

Construction Defect Lawyer Indianapolis Indiana 317-881-2700

Legal Liability for Flawed Construction

Construction defects typically happen in the design phase of the construction process or in the actual building phase of the construction process. The state of the construction process plays an important role in determining who is legally liable for accidents that occur as a result of a design or construction defect. When flaws and defects occur during the design phase, the architect or engineer would be deemed responsible. Contractors and subcontractors are usually liable for defects that occur more during the building and construction phase.

Because construction defects can take place before ever breaking ground AND well after a project has been completed, accidents can injure multiple types of victims, from construction workers and laborers to future visitors or occupants of the building, pedestrians, interior designers, and more.

How Construction Project Contracts Can Affect Liability for Defects

The two major legal concepts in a construction defect liability case are contracts and indemnification. A single construction project can involve a stack of contractual agreements, all of which are legally binding to whoever signs them. For instance, the building owner might have a contract with the architect, who in turn has one with the engineer. The building owner may also have a contract with the general contractor, who might have contracts with subcontractors.

When it comes to applying the law in a construction defect case, the provisions of such contracts will have the most impact on outcome. The details of each contractual agreement should fully spell out all terms and conditions surrounding construction defect liability. In most cases, liability for a design or construction defect gets pushed down the chain of authority. The building owner hands over full liability for defects to the general contractor, who places the liability via contract onto each subcontractor, and so forth.

Liability for construction defects is commonly passed through contractual agreements as well. Indemnification provisions allow this passing of liability to be held up under law. This might happen between contractor and subcontractor. A general contractor might include an indemnity provision in their contract with a subcontractor, making the subcontractor indemnify the general contractor. Essentially, the indemnitor, in this case the subcontractor, would agree to pay back any expenses incurred as a result of a construction defect lawsuit against the general contractor that was caused by the subcontractor’s negligence.

Examples of Personal Injury Accidents Caused by Construction Defects:

▷ Unsecured railing causes a person to fall off the balcony.
▷ Occupants are crushed after the roof collapses.
▷ Faulty electrical work leads to an electrocution accident.
▷ Improper installation causes a gas line explosion.
▷ Poor design causes a roadway bridge or building to collapse.

For Construction Defect Accident Victims

If you are a recent victim of a construction defect accident in Indiana, you deserve financial justice. Get in touch with a skilled and experienced Indiana personal injury law firm that can fully document a strong and impactful case and obtain the maximum settlement for your damages.

Are you the victim of a negligent building defect or construction accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a trusted Indianapolis construction accident lawyer who knows product defect cases. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.