How to Prove Negligence in a Child Injury Case

No parent wants to think that their child has been injured due to someone else’s negligence. Unfortunately, it happens all too often, and when it does, parents may be able to seek justice by filing a lawsuit against the responsible parties and collecting the judgment from the defendant’s insurance company. But before any legal action can take place, it must first be determined whether or not negligence is present in your case.

In this blog post, we will discuss how you can prove negligence in a child injury case so you can get the compensation your child deserves.

Call 317-881-2700 to Speak With a Child Injury Lawyer in Indianapolis
Call 317-881-2700 to Speak With a Child Injury Lawyer in Indianapolis

3 Important Elements of Proving Negligence in a Child Injury Lawsuit

>Duty of Care

When it comes to child injury lawsuits, the most common form of negligence is a failure to exercise reasonable care. This means that the defendant had an obligation to provide a safe environment for children and failed to do so. To prove negligence in this kind of case, you will need to show that the defendant had a duty of care and breached that duty by either not providing adequate safety measures or by acting in some way that caused your child’s injury.

>Damages

In addition, you must also be able to demonstrate the extent of your child’s injuries as well as any damages incurred due to those injuries. You should have medical records detailing your child’s diagnosis and treatment plan, as well as any medical bills related to their medical expenses. You will also need to provide evidence of any lost wages or other financial losses that resulted from the injury.

>Causation

Finally, you must be able to show that the negligence of the defendant was a responsible cause of your child’s harm. This can be done by showing a “causal link” between the breach in duty and your child’s injuries, which is often supported by expert testimony from doctors and other professionals familiar with your case.

Defining Negligent Supervision

Was your child injured because someone else was not providing proper supervision over them? Negligent Supervision torts involve lawsuits that occur when a child is injured due to someone else’s negligent behavior. This type of tort lawsuit states that the person accused of negligence is responsible for not properly supervising or controlling whatever situation caused the injury to the child. This could be a friend’s parent, babysitter, daycare employee, school staff member, and even a family member.

If a court finds the accused party negligent in providing supervision, then they are legally required to pay damages for any pain, suffering or medical expenses incurred from the child’s injury. These kinds of actions have become more widely accepted as society evolves. The understanding around the responsibility for providing necessary safety nets for children grows even wider with each child injury case.

Common Damages Awarded in Child Injury Cases

Child injury cases are often complex, but they almost always involve the award of some form of compensation in a successful settlement. While the type and extent of damages vary widely from case to case, there are some common types of awards seen in such scenarios. These typically include both economic compensation for hospital bills, medical expenses, and other financial losses related to the child’s injuries, as well as non-economic damages for pain, suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, disability, and more. In addition to such compensatory damages, parents might also seek out punitive damages, which are intended to punish those responsible for their child’s accident and deter similar future behavior.

Hire a Child Injury Attorney to Protect Your Rights

When filing a child injury lawsuit, it is essential to have an experienced personal injury lawyer on your side who understands how to prove negligence in a child injury case. With the help of an experienced child injury attorney working on your side, you have a better chance at making sure those responsible are held accountable and that your child receives proper compensation for your child’s injuries and losses.

Are you the parent or guardian of a child who has been seriously injured because of another’s negligence? Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned child injury lawyer in Indianapolis, Indiana. We represent victims all throughout the state, as well as Indiana residents injured in other states and residents of other states injured in Indiana. Request to have your meeting over the phone, via online video, at your place of in-patient medical treatment, or in person at our Indy-based office.

Related Posts:

Are Schools Liable for Playground Injuries to Children?
What to Do if Your Child Was Injured Because Another Adult Was Negligent
How to Make a Personal Injury Claim for Your Child

Are We Entitled to a Settlement if Our Child Was Wrongfully Injured?

What could be more valuable and important than our kids? For parents like you, they are the absolute most important aspect of your lives. So, when your child is injured due to another’s negligence, it is no surprise that you struggle with emotional anguish and stress from knowing your little one is suffering. As parents, we all want to trust that the people they leave in charge of their children are taking good care of them, and the products or toys their children use will not cause them harm; but sometimes accidents happen, and unfortunately, some of those accidents are caused by an adult’s negligence.

So, how are children and adolescents protected by law against those who may cause them serious harm and subsequent damages? Furthermore, are you entitled to a personal injury settlement for your family’s economic and non-economic losses following your child’s wrongful accident?

Continue reading to learn more about child injury claims and settlements, including who to trust for seasoned personal injury advice and representation in Indianapolis.

Child Injury Claim Lawyer Indiana 317-881-2700
Child Injury Claim Lawyer Indiana 317-881-2700

Most Common Types of Serious Injuries to Kids and Teens

Kids are hurt every single day; it is a part of growing up and learning; learning to not touch a hot iron because it will burn or learning to wear their knee pads when rollerblading to avoid skinned or scabbed knees. However, when kids are injured because of another person or entity’s carelessness, it is an entirely different scenario.

Dog bites, car accidents, pedestrian accidents, prescription drug errors, medical misdiagnoses, swimming pool accidents, defective toys or products, and negligent supervision are some of the more common types of wrongful accidents in which children are negligently hurt or worse, killed. When an accident occurs due to negligence causes harm or death to a child, parents need to know their legal options and rights.

How to Pursue Legal Action on Behalf of Your Child’s Accident and Injuries

In every situation that a child is injured negligently, there must be proof that someone or something failed to act like a careful person would have, causing the accident and subsequent injury. If a legal representative, or personal injury lawyer, can establish this evidence or proof, the family of the minor is legally entitled to compensation for their child’s injuries and damages.

Compensation is meant to cover past, present, and future medical expenses, hospital bills, prolonged rehabilitation, wrongful death, pain, suffering, mental anguish, trauma, and much more.  If the minor was old enough to be employed, they are entitled to compensation to cover lost wages from work as well.

If the child is too young to be employed, the parents or guardians are entitled to reimbursement for lost wages after missing time at work, as well as fuel from traveling to and from doctors’ appointments. If the at-fault party acted extraordinarily reckless or with intent, the court or jury may also award punitive damages.

Child Wrongful Death Cases

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

Are you ready to get started on your financial recovery after your child’s accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis child injury lawyer. We represent clients throughout the State of Indiana.

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Who is Liable if an Adolescent Causes a Car Accident?
These are Suggested to Be the Most Dangerous Children’s Toys of 2020
Is the School Liable for My Child’s Injuries?
At What Age Can a Child Be Left Home Alone?

Local Indianapolis Personal Injury Law Firm 317-881-2700
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Frequently Asked Questions About Summer Camp Accidents and Liability

When your child is seriously injured at a summer camp, as the parents, you are left with loads of questions, concerns, and significant medical bills. For this reason, it is natural for you to question which party should be held responsible for your family’s damages and losses incurred as a result of your child’s injuries. By better understanding the laws and regulations surrounding summer campground liability, you can place yourself at an advantage when preparing to meet with a personal injury lawyer to discuss the claim.

In fact, continue reading to review frequently asked questions about summer camp accidents and liability, and learn how to get started with a free case evaluation as soon as tomorrow.

Child Injury Lawyers Indianapolis IN 317-881-2700
Child Injury Lawyers Indianapolis IN 317-881-2700

Summer Camp Accident FAQS

What Happens if My Child is Injured While Overnight Camping or Hiking?

When going on an overnight camping excursion or even a simple hike, you know there are certain risks and liabilities involved in trekking through the wilderness. You generally only anticipate the foreseeable risks, like bug bites, sunburns, dehydration, and poison oak. But there are many other accidents that can happen that you should be aware of. If your child was injured on a similar camp outing, you should speak with an Indiana personal injury lawyer who can identify whether or not the camp had a duty of care, if they breached that duty of care, and if that breach was a responsible cause of your child’s injuries. If you can prove these things, then you can win your case against a negligent summer camp.

Can I Sue a Summer Camp if My Child is Seriously Injured After Slipping and Falling at the Pool?

The same scenario applies to a summer camp slip and fall, poolside injury. In order to win your claim, you would have to prove to the courts that the summer camp/pool had a duty of care, breached that duty, that breach caused your child serious harm, and your family suffered losses as a result of your child’s injuries. This is why you need an experienced Indiana accident attorney to help navigate and win your case.

Can Summer Camp Waivers Be Legally Enforced?

When you enroll your kids into a summer camp, one of the first documents they will have you sign is a waiver. This waiver is an attempt to alleviate as much liability and responsibility for injuries and accidents to children. Sometimes, these waivers are legally enforceable, but they also have their limits depending on the circumstances of your case.

Who is Liable for Children’s Injuries at Summer Camp?

Parents simply want to know who is responsible for their child’s injuries at summer camp. The answer sometimes is not clear and varies from case to case depending on the individual circumstances. However, most often it is the summer camp that ultimately has a duty of care to supervise minors while under their care. This responsibility falls under Premise Liability Law. The law can get complicated and you need a personal injury attorney to assist you in your case.

Is a Summer Camp Required to Disclose Staffs’ Criminal Backgrounds?

Summer camps have a duty to perform background checks on their employees, as well as a duty to disclose any reports or allegations of suspected child misconduct or abuse to parents. This is why extensive research of summer camps is so strongly recommended.

Are you ready to learn about your eligibility for pursing legal action against a negligent Indiana summer camp or counselor? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before the statutes of limitations runs out on your claim or evidence supporting your claim is lost.

You Might Also Read:

How to Make a Personal Injury Claim for Your Child
What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana
Was Your Child Seriously Injured On a Trampoline?

Indianapolis Personal Injury Lawyers 317-881-2700
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What to Do if Your Child Was Injured Because Another Adult Was Negligent

Children are on a continuous learning curve, as they have new and curious experiences every day. For this reason, children of all ages require adequate supervision at all times; this is especially critical in younger stages of life when kids are at a much higher risk of being injured in accidents. When such injuries and accidents occur as a result of an adult’s negligence, it could very well be considered grounds for a negligent supervision claim under tort law.

If your child was recently injured because another adult was negligent, reckless, or otherwise careless, continue reading to learn your rights for pursuing legal action against them for the sake of recovering from the at-fault party’s insurance carrier the full and fair compensation they deserve for their damages and losses.

Indianapolis IN Child Injury Attorneys 317-881-2700
Indianapolis IN Child Injury Attorneys 317-881-2700

Negligent Supervision and Child Injury Claims

It is impossible for parents to be with their children all hours of the day, every single day, 365 days a year. For the sake of having a career and a social life, parents commonly entrust their children to the care of babysitters, daycare providers, schools, family and relatives, and similar sources of childcare. So, when accidents happen to children while in the custody of an entrusted caregiver, the question of negligence is a common occurrence; especially when a child’s injuries lead to significant damages and losses in the child’s and family’s life, including hospital bills, medical expenses, pain and suffering, lost wages for missing work, and much more.

Inadequately or not providing supervision for a child that is ultimately injured in their care places a person at fault in a negligent supervision lawsuit. Caregivers, whether professional or non-professional, take on a legal duty of care when they accept responsibility for watching a child. They must uphold this duty of care by ensuring that the child is safe and protected from any foreseeable hazards in their surrounding environment.

An example of negligent supervision would be if a child drowns in a swimming pool while being babysat. Another example of negligent supervision would be if a child suffocates from swallowing a toy at daycare. Both of these instances hypothetically occur because the child wasn’t being properly monitored and supervised while in the care of a sitter or daycare employee. In any case of negligent supervision, a caregiver breaches their duty of reasonable care for a child, thus resulting in a child sustaining serious injuries or even dying.

Most Common Types of Child Injury Cases:

▷ Swimming Pool/Drowning Accidents
▷ Falls From Heights
▷ Defective Toy/Playground Accidents
▷ Dog Bites/Attacks
▷ Household Poisoning Incidents
▷ Firearm/Gun Incident

Indiana Child Accident Lawyers

If your child was injured while in the care of another adult, and it occurred because that adult was careless or reckless in some way or another, it is important that you contact in Indiana Child accident lawyer right away. There is a statute of limitations that restricts how long you have to file a claim against an at fault party in order to recover compensation for your damages and losses. Aside from the statutes of limitations for your personal injury claim, it is important to speak with a lawyer as soon as possible before evidence is lost for the case.

Not sure which personal injury law firm to trust with your child injury claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an expert child injury accident attorney in Indianapolis, Indiana.  We represent the families of injured children, the child, and the families of children who are deceased as a result of the negligence of another throughout the state of Indiana and Indiana residents who are injured in other states.

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

These are Suggested to Be the Most Dangerous Children’s Toys of 2020

The holiday season is upon us, and the gift giving among loved ones and friends has been quite blissful. And why wouldn’t it be? After all, when giving and receiving presents, one would never dream of a gift being potentially harmful in any way, especially for children. But according to the popular and esteemed consumer group W.A.T.C.H. (World Against Toys Causing Harm), 2020 has proven to be the year of some of the most dangerous and defective child toys. Whether a parent, guardian, family member, or friend, giving a child a gift is a meaningful and fulfilling experience, so be sure the toy is something that will be safe for them to play with.

These are the top ten dangerous children’s toys of 2020, according to the research specialists at World Against Toys Causing Harm, and learn what to do if your child is harmed by an unsafe or defective toy.

Indiana Defective Product Child Injury Attorneys
Indiana Defective Product Child Injury Attorneys 317-881-2700

Top 10 Unsafe Children’s Toys of 2020

World Against Toys Causing Harm (W.A.T.C.H.) reports that a child is sent to the emergency room every 3 minutes for injuries related to a dangerous or defective toy. Following the holiday season, be sure you are inspecting and monitoring your children’s gifts to safeguard them from any potential hazards. If your child is harmed by a hazardous or defective toy, contact a licensed Indiana personal injury attorney who specializes in child injury claims to learn your rights to pursuing legal action against the negligent manufacturer or other potentially at-fault party.

Here are the top ten “worst” toys of 2020 holiday season as suggested by the accredited consumer group World Against Toys Causing Harm (W.A.T.C.H.), and why:

Boom City Racers – This toy is recommended for children ages 4 year and up, but comes with a serious risk of face and eye injuries. The manufacturer/distributor is Moose Toys LLC.

Missile Launcher – This toy is recommended for children ages 5 and up, but poses a high risk of both facial and eye injuries. The manufacturer and distributors are Toysmith and Redballoontoystore.com.

Marvel Avengers Vibranium Power FX Claw – Like the missile launcher, this toy is recommended for children ages 5 and up, and also poses a serious and potential risk of face and eye injuries. The manufacturer is Hasbro.

Gloria Owl – This toy is recommended for children ages 1 year and up, but comes with a very high and serious risk of ingestion. The manufacturer/distributor is Jellycat Ltd.

Star Wars Mandalorian Darksaber – This toy is recommended for children ages 4 year and up, but can potentially cause blunt force injuries and eye injuries. The manufacturer/distributors are Hasbro and Disney.

WWE Jumbo Superstar Fists – This toy is recommended for children ages 3 and up, but has a very high and possible risk of blunt force and impact injuries to the entire body. The manufacturer/distributor is Jakks Pacific, Inc.

Sci-Fi Slime – This slime toy is recommended for children ages 10 and up, but has a high risk of several chemical-related injuries. The manufacturer/distributor is Alex Brands-Scientific Explorer.

Boomerang Interactive Stunt UFO – This toy is recommended for children ages 8 and up, but has a high risk of cutting and propellor-related injuries. The manufacturer/distributor is Amax Group.

Calico Critters Nursery Friend – This toy is recommended for children ages 3 and up, but it turns out to be a possible choking hazard. The manufacturer/distributor is Epoch Co., LTD.

My Sweet Love Lots of Love Babies Minis – This toy is recommended for children ages 3 and up, poses a potential choking hazard risk. The manufacturer/distributor is JC Toys Group, Inc; Walmart Inc.

Did Your Child Suffer Harm From a Dangerous Toy in Indiana?

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a child injury claim in Indianapolis, Indiana. Our seasoned personal injury lawyers are fully-prepared to recover the full and fair compensation you deserve after your child was seriously injured by a defective or hazardous toy. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. We represent injured adults and children all throughout the State of Indiana.

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Tips for Childproofing Your Daycare Business

All parents are very aware, and typically well-prepared, when it comes to making all the necessary changes to their homes and lives when expecting a child. However, when parents require daycare services, they no longer have complete control over their children’s safety. For this reason, it is vital to try to ensure your daycare, whether within your home or at an official commercial location, it’s properly arranged to prevent foreseeable accidents and injuries, including mental and emotional harm.

Continue reading to learn some helpful tips for enhancing your business’s childproofing strategies, as well as, where you can learn more about your liability in the case that a child is injured under your care, or the care of your staff. 

Daycare Injury Lawyers 317-881-2700
Daycare Injury Lawyers 317-881-2700

As a daycare provider, you are responsible for ensuring the children are fully protected when in your care. Whether out of your house or in an official location, your most important duty is to make sure your premises are safe for children of all ages, as well as adults and staff. If a child is injured as a result of your negligence in this area, then you can be held legally accountable for their losses and damages, such as hospital bills, medical expenses, pain and suffering, and more. It is also vital to have liability insurance, along with all the proper insurance for running a company, just to ensure you are protected against incidents as well.

Childproofing Tips

You can find countless “childproof” and “child-safe” products on the market, online, and at your local baby stores. Gates, locks, electrical outlet covers, corner rubber bumpers, and more that can be purchased at a reasonable price. With all this possible merchandise, it can be a little overwhelming when it comes to implementing safety features around your home. But you can prevent serious accidents and injuries with proper preventative maintenance child-proofing.

Here are some of the most important areas of a daycare that should be child-proofed:

☑ Kitchens

Kitchens are not always common in a daycare facility, but if yours has one, it is important to take the proper precautions. Especially in residential daycare settings, kitchens are popular hang-out areas, thus posing more opportunity for kids to be able to access potentially harmful products, utensils, or small appliances. Be sure to acquire locks for heavy appliances like stoves, dishwashers, and refrigerators.

Also, if you use a stove or oven in the presence of children, it is vigilant to mount stove barriers so that open flames, hot grease, water, and oil cannot splash off and burn a little one. Furthermore, it is wise to cover electrical outlets with sliding plastic covers to protect curious fingers from electrocutions or shocks.

☑ Utility Closets and Cleaning Supplies

Along with protecting children from harmful or toxic products, such as pesticides, detergents, batteries, vitamins, and medication, it is important to store cleaning solutions and item in an above cabinet or designated closet, rather than below a sink. If you do use a cleaning closet, be sure to keep it locked at all times.

☑ General Play Areas

This type of area is usually a common grounds for children, like playrooms and living rooms. This area needs the same type of kid-proofing strategies as kitchens, as well as some additional ones. The first thing you need to do is install plastic covers on any exposed or accessible electrical outlets to prevent electrocution and electrical burns. Also, it is important to install rubber bumpers on corners of furniture to prevent cuts, bruises, gashes, head and brain trauma, eye injuries, and more. For home daycares, another safety feature that you’ll need for these areas are furniture straps, which bolt down top-heavy furniture to the ground, such as T.V.’s, bookshelves, armoires, dressers, liquor cabinets, and more.

Also, one of the most obvious safety feature to have on hand are baby gates. Use these to block off staircases, hallways, laundry rooms with utility appliances in them, and other “off-limit” areas. Now, the last and most-often overlooked, child-proofing feature for a home babysitter has to do with curtains. We are talking about curtain cords. It is important to purchase a cord shortening contraption or a wind-up bracket so that kids cannot choke or strangle themselves.

☑ Bathrooms and Outdoor Areas

For bathrooms, there is plenty you can do. For starters, be sure to install toilet seat locks to prevent drowning accidents. You will also want to turn down water thermostat temperature levels on your water heater to prevent scalding accidents, as well as, install GCFI (ground fault circuit interrupter) outlet covers to prevent water-induced electrocutions.

For outdoor areas, install netting in between deck and patio posts to prevent tripping and falls. It is also vital to ensure pools are properly covered and locked. In fact, for pools, you should also consider gate locks and drain covers. After all, children between the ages of 1 and 4 have the highest drowning rates according to the CDC. Furthermore, every day, an average of 2 children 14 years old and younger, die from drowning.  

Indianapolis Child Injury Lawyers

To learn more about how to make a personal injury claim for your child who was injured in daycare, call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 today. Our seasoned Indianapolis personal injury lawyers can help you understand what you need to know about premise liability, negligent supervision, and more. For clients, we offer free initial consultations and never collect lawyer fees unless we prevail for you.

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

How to Make a Personal Injury Claim for Your Child

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

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

Child Injury Lawyers

Indiana Child Injury Lawyers 317-881-2700

Child Injuries and Accident Claims

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

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

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

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

Key Questions to Ask Regarding Your Child’s Accident

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

“Why Did My Child Get Hurt?”

✏ “How Did My Child’s Injury Happen?”

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

✏ “Could the Accident Have Been Prevented?”

Indianapolis Child Injury Lawyers You Can Trust

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

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

Important Safety Concerns for Children’s Bounce Houses

Child Injury Lawyer 317-881-2700

Child Injury Lawyer 317-881-2700

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

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

Installation Concerns

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

Operation Concerns

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

Common Injuries

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

Liability

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

Indianapolis personal injury lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

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

Who is Liable for Driveway Backup Accidents?

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

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

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

Guardians and Negligent Supervision

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

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

Manufacturer Defects

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

Criminal Action

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

Indianapolis Child Injury Lawyers

Personal Injury Lawyers Indiana

Personal Injury Lawyers Indiana 317-881-2700

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

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

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

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

Common Principles of Premise Liability

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

The Attractive Nuisance Ordinance

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

Premise Liability Claims 317-881-2700

Premise Liability Claims 317-881-2700

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

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

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

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

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