How Indiana Defines a Wrongful Death

Posted on August 16, 2016 by admin

Wrongful Death Attorneys 317-881-2700

Every state has their own laws that govern wrongful deaths cases and claims. In Indiana, wrongful death is defined as any situation where the death of a person is caused by the wrongful act or omission of another. Loosely described, it is also like a personal injury accident that ends in death. When a person or entity is the cause of another’s death, they can be proven and held legally responsible in a court of law.

If you or anyone you know has been involved in an accident that resulted in the death of another person, you should call a personal injury law firm that you can trust, immediately. Continue reading for more information about wrongful death cases and the laws that surround them.

Wrongful Death Cases

When a person passed away from a wrongful death accident, who steps on to handle their case? The answer is the personal representative of the deceased’s estate. This could be a husband, wife, daughter, mother, son, grandchild, or any other person that is listed as a co-manager, owner, or speaker of the household. Typically, this is whoever retains ownership of the property or is listed in the will. If there is no family or pre-appointed representative for the estate, there may be no one to file suit and handle their wrongful death case.

There is a chance, however, that the state may decide to file a claim instead. For example, if a drunk driver wrecks and kills another drunk driver, the state may decide to file charges for vehicular manslaughter even if the family of the deceased doesn’t want to. If a case involves the death of a young child, it is up to the legal parents, guardian, or caregivers to file a wrongful death claim.

Although the claim for a wrongful death case is filed by an estate representative who also handles the lawsuit, it is the spouse, children, and extended family that receives any awarded financial retribution for their loved one’s death. It is generally up to the courts how the monies will be divvied among the relatives. The following expenses are recoverable if liability is found in a wrongful death case:

• Expenses for Funeral Arrangements
• Expenses for Burial Arrangements
• Hospital and Medical Bills
• Lost Wages and Benefits of the Deceased Had they Lived
• Wages for Lost Time at Work Pursuing the Case
• And More Depending on Individual Circumstances

Wrongful Death Attorneys

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you r family is a victim of a wrongful death in Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer professional litigation services for a wide variety of practice areas, including wrongful death claims. We offer free initial consultations and never charge lawyer fees unless we win your settlement. Call 317-881-2700 to schedule an appointment with a wrongful death attorney in Indianapolis, IN today.

Common Carrier Accidents and Liability

Posted on August 9, 2016 by admin

When we choose to fly or take a Greyhound bus, we place our trust in the pilots, engineers, drivers, and even manufacturers, to get us there safely and in a timely-manner. But sometimes, common carriers experience problems that can lead to serious accidents and injuries. The term “common carrier” refers to any entity that provides transportation services for the public. Examples of common carriers include commercial airlines, public buses, tour buses, cruise ships, and more. In the case of an accident, common carriers are held to a more stringent duty of care in comparison to private carriers. So when common carrier accidents do occur, such cases are taken very seriously and investigated thoroughly.

Continue reading to learn more about common carrier liability, and who to contact for more information regarding the laws surrounding aviation and public transportation accidents.

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Common Carrier Liability

Regulatory bodies that set standards for safety and other types of concerns are the authorities that govern common carriers. For example, the governing regulatory body for commercial airlines is the Federal Aviation Administration (FFA). In terms of safety, these standards obligate common carriers to utilize the highest degree of diligence and care for the sake of their passengers and cargoes. And when common carriers fail to adhere to such regulations, they can be held legally responsible for any damages and losses suffered by those affected by their negligence.

Proving Fault

There is a legal theory called “strict liability” that essentially holds people or entities responsible for injuries and subsequent damages regardless of fault. But when it comes to common carrier lawsuits, strict liability does not apply. When a victim chooses to file a common carrier injury lawsuit, they hold the burden of proving the common carrier’s fault in the accident.

In order to prove fault, victims must be able to prove that the common carrier had a duty of care and breached that duty of care, and that the breach of care directly caused their injuries, which caused other damages and losses. Using evidence to show a common carrier’s breach of duty is the strongest method for winning an injury settlement. Viable evidence can include pictures, videos, witness testimony, inspection records, maintenance logs, and more.

Hire a Lawyer

An experienced personal injury lawyer can help victims of common carrier accidents collect and organize all details and evidences pertaining to their case, and look for certain regulations that the common carrier may have directly neglected, which caused your injuries. This is called “negligence per se” and is a common legal strategy used by accident attorneys to prove injury cases. Be sure to trust only experienced personal injury law firm to recover the full and fair amount of compensation you deserve after being injured in a common carrier accident.

The Law Office of Craven, Hoover, and Blazek P.C.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your options after a public transportation injury in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with extensive knowledge of personal injury law. They will stop at nothing to ensure your damages and losses are fairly compensated for. Out law firm offers free initial consultations and never collects attorney fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with a licensed Indianapolis accident lawyer, today.

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The 4 Elements of Negligence in a Personal Injury Case

Posted on August 2, 2016 by admin

Personal Injury Lawyers 317-881-2700

Every personal injury case is based on the legal principle of negligence. Under this principle, if a person or company’s negligent actions causes another person harm, they can be held legally responsible for the victim’s damages and losses. Most personal injury and accident disputes are adjudicated by using the principle of negligence to determine fault. But the victim holds the burden of proving that a defendant acted in a negligent or careless way. To recover compensation, victims must prove all four elements of negligence: 1) duty of care, 2) breach of duty, 3) causation, and 4) damages.

Continue reading for a closer look at each element of negligence.

❶ Duty of Care

The first aspect of proving negligence is to establish whether or not the defendant owed the victim a legal duty of care in any way. This could be between employer and employee, child and sitter, doctor and patient, school and student, and much more. For instance, an employer has a legal duty of care to provide employees with a clean and safe work environment, while a doctor has a legal duty of care to provide competent medical care for patients. In other examples, a nursing home has a legal duty of care to look after their residents, while drivers have a legal duty of care to drive safely when behind the wheel of a vehicle.

❷Breach of Duty

Once it is recognized that the defendant owed the plaintiff a duty of care, the plaintiff must prove that the defendant breached that duty. A defendant can breach their duty of care by either action or inaction. If a person does something, or fails to do something, that a reasonable person under the same circumstances would do, and it causes harm to another, they are acting negligently. For example, if a person is late for work and runs a red light to save time, and in running the red light they strike another vehicle and injure the driver, they will be found negligent in a court of law. In an example of inaction, if an employer fails to keep their premises up to code, and as a result their employees suffer from severe respiratory illnesses from mold inhalation, they can be found negligent.

❸Causation

It is not enough for a victim to prove that a defendant breached their duty of care. Plaintiffs in personal injury lawsuits must also prove that the defendant’s action (or inaction) was the direct cause of their injuries. But there is another aspect to causation. Courts will also assess and determine whether or not the defendant could have reasonably foreseen that their actions would or could injure someone. Accidentally causing someone harm through a random, unforeseen act of nature might not be looked at as negligent. However, if it is found that a defendant should have known that their actions or inactions would or could cause injury, then they can be found negligent in a personal injury case.

❹Damages and Losses

After proving all of the above elements of negligence, a victim must then prove their subsequent damages and losses. Word of mouth will not hold up in a court of law, so a victim must have proof and evidence of their damages and losses. Damages and losses can include medical expenses, hospital bills, lost wages, prolonged treatment, pain and suffering, mental anguish, permanent disfigurement or scarring, loss of companionship, loss of job opportunity, and much more. These losses can be proven with medical records, doctors’ statements, receipts, bills, witness testimony, and more.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your personal injury claim in Indianapolis, Indiana. Our Indianapolis personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help victims recover the full and fair compensation they deserve after being hurt in a serious accident. We offer free initial consultations to discuss your claim, and never collect lawyer fees unless we recover for you! Call 317-881-2700 to schedule an appointment, today.

Are You Thinking About Buying Your Kids a Hoverboard?

Posted on July 27, 2016 by admin

Product Liability Attorneys 317-881-2700

Last holiday season, the shining star among gift-buying selections for both kids and adults was the two-wheeled hoverboard. Since then, there have been numerous reports of these devices suddenly erupting and catching fire in peoples’ homes. As a result, many lower-end models have been mass-recalled. And even with the fire safety concerns surrounding these toys, they are still somehow among the “must-have” toys of 2016.

So if you are a parent who’s thinking about getting a hoverboard for your kids, it is important to consider these safety concerns first. Continue reading to learn what is making certain hoverboards spontaneously catch fire, and what you need to know before making a final purchase for your loved ones.

Hover Boards Catching Fire

The culprit behind why some hoverboard models have caught fire is their batteries. The lithium-ion batteries are generally safe, and used most often for laptops and cellphones. However, lithium-ion batteries are highly-flammable. So in larger gadgets that get bumped around or prone to overheating, like hoverboards, they become a big fire hazard. In fact, they are not even allowed on airplanes for this very reason. If you haven’t yet purchased a hoverboard, you are able to educate yourself further on whether or not you want to take the risk. But if you already own a hoverboard, it is important to look for signs that might suggest trouble. If you notice any of these signs, you should take the hoverboard away from your kids, and suspend use immediately.

Signs of Trouble

If your kid’s hoverboard has been dropped or dinged up a few times, it may have jeopardized the stability of the lithium-ion batteries. This could mean they are more prone to exploding. Do not let children jump on hoverboards, or use them in an aggressive manner. This includes bumping into things while riding it, doing tricks, falling down repeatedly, getting it wet, and letting it drop on the floor. If the pedals have visible damage or scuffing, it should be discarded immediately.

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If you have been charging the hoverboard for a long time, be sure to let it cool down for at least one hour before letting anyone use it. This prevents the possibility of overheating the batteries. And you should also discard a hoverboard if you have charged the battery overnight before.

Some hoverboards come with safer battery packs certified by Underwriters Laboratories (UL). If you have purchased a hoverboard that does not have a UL certification emblem for safety, you should discard it immediately. The UL emblem ensures the device has been tested and inspected for safety by an independent factory.

If you have purchased a hoverboard from any of the below manufacturers, the Consumers Product Safety Commission (CPSC) says you should get a full refund.

• Keenford Ltd.
• Swagway LLC
• Boscov’s
• Overstock.com
• Digital Gadgets LLC
• Hoverboard LLC
• Hype Wireless

If you or someone you love has been injured by a hoverboard, contact an experienced personal injury law firm to learn about filing a product liability claim.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a product liability claim in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are dedicated to recovering the full and fair compensation their clients deserve after being injured by a defective product. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment with an Indianapolis personal injury attorney, today.

Things to Consider Before Suing a Relative for a Personal Injury

Posted on July 19, 2016 by admin

Personal Injury Lawyers 317-881-2700

Accidents can happen anywhere, and when they happen as a result of another’s negligence, someone should be held accountable for a victim’s damages and losses. But what if you or someone you love ends up seriously injured at a relative’s house? The lines between right and wrong can seem blurred when it comes to suing a family member for injuries sustained by you or your children, however, many families feel like they are left with no other choice. So before jumping right into a lawsuit, you need to think about a few things first.

Turning Family Matters into Legal Matters

From swimming pool accidents to fireworks injuries and more, several types of personal injuries can take place at a private residence. And the likelihood of injuries only increases as families grow and get together more often. For this reason, many people have chosen to sue family members in order to cover compensation for medical expenses, hospital bills, lost wages, and more. So if you are in the same predicament, and you are leaning toward filing a claim against a relative, you are not alone. But before you do, it is strongly encouraged to go over the practical and emotional considerations involved in suing family.

Practical Considerations

The first question you want to ask yourself is whether or not you can actually recover anything if you do decide to sue your uncle, sister, cousin, father-in-law, etcetera. You want to think about whether or not they have the financial means for remuneration, including cash, insurance, or liquid assets. If they have very little of these, or none at all, there is little-to-no chance of collecting any money. Under circumstances like these, pursuing a lawsuit would only cause friction within the family. And if they do have some financial means, the second question you need to ask yourself is whether or not they have enough that would make the settlement worth it?

Emotional Considerations

Aside from the practical aspects of suing a relative, there are some important emotional considerations that can influence your decision to move forward with a lawsuit. For instance, if you were to collect compensation from your family member, will there be a consequential domino-affect for the family as a whole? Will their children or other “innocent bystanders” of the family be negatively affected by the lawsuit and eventual settlement? This could not only cause you to have guilt and remorse, it could lead to several uncomfortable and difficult conversations for the entire family, and for many years to come. It could also turn out to be a conflict that changes the dynamic of the family, and never forgotten for the rest of their lives.

The Reality of Injuries

Regardless of practical and emotional issues, sometimes it is necessary to go forward with a personal injury claim, especially when injuries are very serious. For this reason, it is important for family members to understand the realities of injuries, and that a claim for compensation is nothing personal. You can even have a discussion with family to strategize ways to avoid a claim, lawsuit, and legal fees. For example, your relative can pay medical expenses and hospital bills, and everyone can move forward happy and conflict-free. Talk to your personal injury lawyer for professional advice and guidance after being seriously injured in an accident at a family member’s house.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call the law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are here to help. They have extensive trial and litigation experience, and can guide you in the right direction for your personal injury claim. They offer free initial consultations and never collect attorney fees unless they recover for you. Call 317-881-2700 to schedule an appointment with an
Indianapolis accident attorney today.

Were You Injured By Fireworks?

Posted on July 11, 2016 by admin

Indianapolis Burn Injury Lawyer 317-881-2700

Last week, millions of friends and family gathered together to commemorate our country’s independence by celebrating the Fourth of July. And of course, fireworks were the main attraction. From sparklers and bottle rockets, to firecrackers, motor shells, and more, fireworks come in a massive assortment that are available to the public for purchase every year. But depending on how they are manufactured and how they are used, fireworks can be a potentially dangerous hazard.

If you were injured by fireworks, you need to know your rights. Continue reading to learn about the laws surrounding firework injuries and accidents, and whether or not you could be entitled to compensation for your losses.

Firework Injuries and Accidents

Ranging from minor to major, and even fatal, firework injuries and accidents are unfortunately a common occurrence on this annual holiday. According to the United States Consumer Product Safety Commission (CPSC), in 2012 more than 8,700 firework-related injuries (2 of which were fatal) were reported by U.S. hospital emergency rooms. This included both firework handlers and spectators. Even more interesting, over 5,200 of the reported injuries took place between June 22 and July 22. A scarier discovery revealed that 30% of the reported injuries were minors under the age of 15, meaning children made up a considerable portion of the 2012 July 4th firework injuries. From those same reports, it was found that the most common body parts injured were the hands, fingers, legs, and head. And that the most common fireworks that caused the injuries were firecrackers, sparklers, bottle rockets, then motors.

Firework Laws

In all states, the CPSC regulates fireworks. This includes firework devices, the composition of fireworks, and their performance requirements. Some states do not allow consumer fireworks at all. These used to be known as “C-class” fireworks, and include roman candles, sparklers, bottle rockets, motors, shells, and more. Firework laws have changed in Indiana since 2006. To learn about these changes and to read the laws surrounding firework sales and usage, view the Indiana fireworks fact-sheet.

Firework Injury Claims and Lawsuits

Firework lawsuits are not so uncommon. People have sued firework manufacturers, companies, organizations that host firework shows, and even homeowners and tenants who host private firework celebrations. Winning a settlement for a firework injury depends on several factors, making each case different. And a victim must be able to prove that the opposing party: 1) had a duty of care, 2) breached that duty of care, and 3) their injuries were a result of that breach. For this reason, personal injury claims and lawsuits are highly-sensitive and complex. So it is critical to hire a personal injury lawyer after being injured by fireworks. They can examine the circumstances surrounding your accident, and then use their knowledge and experience to determine if you are entitled to compensation.

Indianapolis Personal Injury Lawyers

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you or someone you love suffered a fireworks injury in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you recover compensation for your losses and damages. Our Indianapolis personal injury lawyers have the knowledge and experience to represent victims of any firework-related injury or accident. Call 317-881-2700 to schedule a free initial consultation, today.

What Will Personal Injury Compensation Cover?

Posted on July 6, 2016 by admin

Accidents happen. But sometimes they happen because of human error or negligence. Common examples of personal injury cases include slip and falls, workplace accidents, car accidents, dog bites, medical malpractice, product defects, and assault. When a person is seriously injured in an accident because another person or entity was careless in some way, they can seek out monetary compensation for their damages and losses. Damages and losses differ from case to case, depending on the circumstances of the case, the extent of injuries, the extent of negligence, and more. Personal injury claims generally recognize and consider three types of “losses, called compensatory damages.

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Types of Losses

1. Economic Losses
2. Future Economic Losses
3. Non-Economic Losses (Pain & Suffering)

Compensatory damages are meant to cover a wide variety of expenses and associated costs. Although most of these costs and expenses are pretty obvious, there are many others that victims often unaware of. This is why it is important to hire an experienced personal injury lawyer if you or someone you love was recently injured as a result of another’s negligence. They have the knowledge and resources to navigate every aspect of your case, and recover the fair compensation you deserve.

Types of Economic Losses:

• Medical Expenses
• Hospital Bills
• OTC Medication Costs
• Prescription Costs
• Lost Wages
• Time Off Work
• Child Care Expenses
• Home Maintenance Expenses
• Fuel Costs (to and from doctors’ visits)

Types of Future Economic Losses:

• Prolonged Medical Treatment
• Physical Therapy
• Long-Term Care
• Future Medical Expenses
• Future Prescription Costs
• Future Hospital Costs

Types of Non-Economic Losses:

• Pain and Suffering
• Permanent Disability
• Permanent Disfigurement
• Mental Anguish
• PSTD
• Loss of Social Life
• Loss of Work Abilities
• Loss of Companionship
• Loss of Education Experience

Contributory and Comparative Negligence

Depending on where and how your injuries occurred, some states use contributory negligence laws in personal injury cases. These laws prohibit personal injury victims from recovering compensation (or full compensation) for their losses if the accident was in any way their fault. Other states have laws that will grant victims partial compensation if the accident was only partially their fault.

However in Indiana, we are a comparative fault state. This means that if a victim is 50% or less “at-fault” compared to the other party (or parties), they collect compensation. But if a victim is more than fifty percent at-fault, they cannot collect compensation. It is strongly suggested to discuss your recent injury claim with an Indianapolis accident attorney that can determine the best strategy for your case.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were recently injured in an accident in Indianapolis, Indiana and its surrounding counties. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are happy to discuss your case and determine what kinds of compensation are due to you. We offer free initial consultations and never collect lawyer fees unless we win your settlement. Call 317-881-2700 and speak with a friendly office attendant to schedule an appointment, today.

Does an Injured Victim Need a Witness to Prove a Car Accident Case?

Posted on June 27, 2016 by admin

When a person is involved in a car accident, they must provide information and evidence to their insurance company that outlines the events leading up to and surrounding the accident in order to get coverage. In the case that an insurance company will not give the proper coverage needed for damages, an injured victim may end up filing a lawsuit. And to win their case, they would need an experienced and knowledgeable personal injury lawyer, but they wouldn’t necessarily need a witness. Witnesses are great assets to a case, but they are not the only method of proving the validity of a person’s injuries. Whether the matter is being managed administratively through an insurance carrier, or legally in a court of law, there are other ways to prove a case without witness testimony.

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No Witness Testimony

When an injured person does not have a witness, it is wise for them to take pictures and videos at the scene of the accident to document visual proof of the damages and surrounding environment. This includes anything that was related to the accident, including vehicular damages, skid marks, shattered glass, road obstructions, street lights, and more. Of course, this is difficult to do for someone that is seriously injured or unconscious. Under these circumstances, if a victim is immobilized because of their injuries, it is a good idea to record themselves, describing their injuries and what’s happening at the scene of the accident. Injured victims can also ask a police officer or EMT to take pictures for them if they are too injured to do it themselves.

Having a Witness

If a victim does have a credible witness, it will be easier to prove the facts surrounding their accident and injuries. Often times, a person will not even realize there are witnesses until they ask. It is common for crowds of people to gather when an accident takes place, so a victim can ask these people for their testimony or camera footage as well. It is important for them to record their names and contact information for future questioning.

Hire a Car Accident Lawyer

If you were recently injured in a car accident, and you don’t have any witnesses or camera footage, you may still have a chance to win your case. Hiring a seasoned car accident injury lawyer is the first step to recovering the full and fair compensation you deserve after being seriously injured in a car accident.

Craven, Hoover, and Blazek P.C.

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced car accident injury lawyer in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are eager to help you recover the full and fair compensation you deserve after being wrongfully injured in an auto accident. We offer free initial consultations and never collect lawyer fees unless we win your case. Call 317-881-2700 to get started with your Indianapolis car accident injury claim, today.

Pharmaceutical Drug Defects and Lawsuits

Posted on June 21, 2016 by admin

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Unfortunately these days, new drugs and medications are rushed out on the market without being thoroughly and properly tested. This is because the pharmaceutical drug manufacturing industry has grown massively in the past few decades, and the amount capital invested in these new drugs are sky high. Without adequate testing, implications with new drugs go undiscovered.

This has led to many recent deaths and serious injuries in prescribed patients and over-the-counter medication buyers. Continue reading to learn more about pharmaceutical medication defects and what to do if you or a loved one has suffered serious injury or death caused by similar drug defects.

Defective Pharmaceutical Medications

Before being introduced to the public for resale, all drugs and medications in the United States must be approved by the Food and Drug Administration (FDA). The unfortunate part is, the FDA often times moves too fast, and does not properly test a new drug or medication before approving it. Subsequently, warning labels for these medications are insufficient and misleading. Ambiguous or deceptive warning labels can lead to patients and consumers to unknowingly abuse or misuse the drug. This is how serious injury and death occur.

It is frustrating that society entrusts their health and well-being to physicians, medical personnel, and pharmaceutical companies, only to be betrayed by improperly tested and dangerous drugs. We expect our medications to make us healthier and better, not to hurt or damage our bodies; and even worse, kill us. So how do we trust that the medications we take are safe? Here are some common long-term side effects of dangerous drugs that were introduced into the market in the past few years:

• Death
• Heart Attack
• High Blood Pressure
• Diabetes
• Internal Organ Damage
• Suppressed Appetite
• Depression
• Suicidal Thoughts and Urges
• Birth Defects
• And More

Because pharmaceutical companies are more interested in capitalizing on a new drug, and not as concerned with testing a drug for long-term side effects, many people are suffering from these debilitating health problems and more. If you or a loved one has experienced serious side effects from a new medication on the market, contact an Indianapolis Product Liability Lawyer immediately. Act fast before the statute of limitations runs out, and you and your family miss out on an opportunity to recover compensation for your damages.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C.at 317-881-2700 for help filing a product liability claim in Indianapolis, Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are well-versed in product liability law and retain extensive trial and litigation experience. We can help you recover fair and full compensation for your losses and damages following a wrongful death in your family. Our personal injury law firm offers free initial consultations to discuss your situation and determine if you have a valid claim. We also never collect lawyer fees unless we win your settlement! Call 317-881-2700 to schedule an appointment with a compassionate and knowledgeable Indianapolis personal injury lawyer, today.

Accident Liability for Hosting an Employee Party With Alcohol

Posted on June 14, 2016 by admin

Personal Injury Lawyers 317-881-2700

At any party with alcohol being served, excessive drinking is always a possibility. For this reason, hosts are often concerned about being held liable for a drunk person’s damages or injuries. If you are an employer that is planning to host a social gathering for your staff, it is important to learn some vital information about host-alcohol liability in the case of an intoxication-related accident. Continue reading to understand your potential liability in such situations, and how to prevent it.

Dram Shop Laws

Dram Shop laws pertain to commercial vendors like bars, restaurants, and package stores, and holds business owners responsible for injuries and damages caused by an intoxicated customer. They vary greatly from state to state, and retain separate sets of limitations regarding the amount of damages a victim can sue for. Unless you are a commercial vendor of alcohol, it unlikely for you as an employer, or anyone for that matter, to be held liable for another person’s alcohol overindulgence and subsequent damages. However, it is not impossible.

Intoxicated Individuals and Victims

In most states, a drunk person cannot sue a host for injuries and damages they endured or caused to themselves. But if an intoxicated individual causes harm or damages to another person, a third-party lawsuit can be filed by the victim, against both the intoxicated person and the host that served them the alcohol. This is especially common in cases when the defendant does not have sufficient insurance to cover their victims’ damages. But the limitations to the host’s liability differs from state to state.

Limited Liability State to State

In some states, the law does not impose any liability on a social host at all. Other states simply limit the amount of liability on a social host to accidents that occur on their premises. And some states actually extend the limit of liability to accidents and injuries that occur after they have left their premises, such as traffic accidents. But almost all states hold social hosts liable for intoxication-related accidents when 1) alcohol was served to minors, 2) Alcohol was served recklessly, or 3) a “reasonable” host should have recognized a guest’s level of intoxication and stopped serving alcoholic drinks.

Employer Liability

Many states also hold employers responsible to a certain degree when social gatherings are held for a business-related purpose. This extra duty of care is imposed on employers under these circumstances since many employees feel obligated to attend an office party more so than another social event. In order to prevent employer-liability for over-intoxicated guests, be sure to make your social gathering’s focus on entertainment, rather than drinking. There are several steps you can take to lessen the possibility of overindulgence and alcohol-related accidents.

Preventing Alcohol-Related Accidents

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First and foremost, you should never serve minors alcohol, or allow them to consume it under your nose. Under perfect conditions, minors would not be allowed to attend an adult social gathering where alcohol is being served and consumed. Also, always discourage guests from over-drinking, stop them from drinking further when they’ve noticeably had too much, and strongly encourage designated drivers and sober transportation.Another great tip is to hold your workplace event at a local bar or restaurant. Under Dram Shop laws, this relieves your liability for alcohol-related accidents, and provides a wait staff that is professionally-trained to monitor everyone’s alcohol consumption and politely cut someone off when they have had too much.

Try a Cash Bar

If you must host an employee social gathering on company or personal premises, consider having a cash bar. Provide all the party supplies except the liquor, and have guests pay for their alcoholic beverages with their own money. Since you are not necessarily making alcohol entirely unlimited to your guests, you can be relieved of some liability. If you have questions about an alcohol-related injury case, contact a personal injury lawyer for professional guidance. They have the knowledge to provide accurate state-specific answers to your injury-liability questions and concerns.

Craven, Hoover, and Blazek P.C.

Personal Injury Law Firm 317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for answers to your personal injury questions. Seasoned accident attorneys Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience. They are happy to answer your questions about a recent personal injury or accident, and even provides free initial consultations to discuss your case in person. Call 317-881-2700 for Indianapolis personal injury lawyers you can trust.