Christmas Toy Safety Alert: Expert Tips to Prevent Child Injuries

Posted on December 26, 2023 by admin

As the festive cheer of Christmas continues to fill the air, and excitement over the gifting of new toys bubbles among children, it’s crucial to remember the importance of toy safety. Allowing the right toys is not just about what’s trending or popular; it’s about ensuring our children’s safety while they indulge in their playful fantasies. Every year, numerous child injuries are reported due to hazardous toys, turning a season of joy into a time of worry for many parents.

This blog post will help shed light on Christmas toy safety, providing expert tips to avoid child injuries and ensure your little ones enjoy their new playthings without any unwanted incidents. Let’s make this festive season not just joyous, but safe as well.

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The Risk of Child Injuries and Hazardous Toys

According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 209,500 toy-related injuries were reported in emergency departments across the country in 2022 alone. This alarming number highlights the risk that children face when playing with toys, especially during the holiday season when they are exposed to a higher volume of new toys. The CPSC also reported that more than 76% of these injuries were sustained by children under the age of 14, 69% were sustained by children under the age of 12 years, and 38% were sustained by children under 4 years old. These statistics show how crucial it is to take extra precautions and ensure Christmas toy safety for our little ones.

Tips to Ensure Christmas Toy Safety

Always check for age-appropriate toys. The recommended age range is not just a suggestion, but it’s crucial to consider when purchasing toys. Toys designed for older children may have small parts that can be a choking hazard for younger ones.

Take note of warning labels. All toys should come with clear and visible warning labels about potential hazards or age restrictions. Make sure to read these warnings and follow them accordingly.

Avoid toys with sharp edges or points. These can cause cuts and puncture wounds, especially for younger children who may not have the motor skills to handle them safely.

Inspect toys for small parts. Small parts, such as button batteries or magnets, can be extremely dangerous if swallowed by a child. Make sure to check for any loose or easily detachable parts on toys and remove them if necessary.

Choose well-made, sturdy toys. Poorly made toys with loose or weak parts can break easily and pose a risk of injury to children. Opt for well-made, durable toys that can withstand rough play.

Stay away from toxic materials. Make sure to check the materials used in making the toy and avoid any that contain toxic substances such as lead or phthalates, which can be harmful if ingested.

Supervise playtime for younger kids. While we may not always be able to keep an eye on our children every minute, it’s essential to supervise their playtime and make sure they are using their toys safely. This also includes ensuring younger siblings do not have access to smaller toys that can be choking hazards.

Stay up-to-date on toy recalls. Keep track of any toy recalls, and make sure to remove the recalled toys from your home immediately. You can sign up for email alerts from the CPSC to stay informed about any potential hazards.

Spread the Word about Christmas Toy Safety

Ensuring Christmas toy safety is not just a responsibility for parents but for the community as a whole and most definitely the toy manufacturers and distributors. We can all play a part in spreading awareness and promoting safe play during the holiday season. Share these tips with your friends and family, and make sure to check in with them about their toy choices for their children. Together, we can make this Christmas not just merry but also less dangerous for our little ones.

What to Do if a Defective Toy Injured Your Child

In the unfortunate event that a defective toy has caused an injury to your child, it’s crucial to seek help from a child injury lawyer. These specialized attorneys have experience handling cases related to hazardous toys and can guide you through the legal process of seeking compensation for any damages or injuries sustained. They can also hold manufacturers, distributors and/or retailers accountable for producing unsafe toys and prevent similar incidents from happening in the future.

Bottom Line

As we conclude celebrating the season of giving and joy, let’s not forget about Christmas and Hanukkah toy safety. By following these tips and staying informed about potential hazards, we can ensure our children have a happy and safe holiday season. Spread the word and make this a community effort to protect our little ones from unnecessary injuries. After all, there is nothing more precious than their well-being.

Has a defective product or children’s toy caused your child serious injuries and losses? You need an aggressive civil litigation team that fights for kids’ rights. Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert legal representation for child injury and defective product claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation. We represent injured victims throughout Indiana, including Indiana residents injured in other states.

How to Prove Negligence in a Child Injury Case

Posted on April 11, 2023 by admin

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.

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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.

FAQS About Negligent Supervision Personal Injury Cases

Posted on August 5, 2022 by admin

Any party who is required to provide a legal standard of care for a dependent or subordinate, such as a child, elderly person, or employee, must uphold their duty of care. Otherwise, they may face serious civil consequences. This legal principal falls under the category of negligent supervision, within personal injury law.

Continue reading to review some frequently asked questions about negligent supervision and how it pertains to tort law.

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Frequently Asked Questions About Negligent Supervision

What is Negligent Supervision?

Personal injury cases arise when one party’s negligent action or inaction is the responsible cause another party’s injury and subsequent losses. When a mandated caregiver provides inadequate supervision or management over their charge, and as a result their charge is seriously injured, they could face a negligent supervision lawsuit. This tort law also applies to employers and employees. If an employer does not take the proper steps or precautions to ensure safety standards at the workplace, and as a result, an employee or customer is injured, they can be held liable for all damages resulting from the accident, subject to worker compensation law limits.

Who is Protected Under Negligent Supervision Laws?

Most negligent supervision cases surround children, elderly persons, and employees. They can also involve anyone else in long-term medical care, whether in-home or at a facility. Children who are under the care of daycare staff, school bus drivers, teachers, coaches, instructors, nannies, babysitters, and any other authority in charge of looking after their safety and well-being can become victims of negligent supervision.

Elderly individuals and those who suffer from severe mental or physical challenges are also common victims of negligent supervision. These victims are generally in a long-term care or treatment facility, or in the care of an at-home nurse or orderly.

Employers can also be guilty of negligently supervising their staffs. Employers are responsible for ensuring that their staff is properly adhering to all company policies, regulations, and safety standards. They must also ensure that they themselves are avoiding harmful or wrongful behaviors, plus preventing any wrongful actions of their employees.

What are Some Examples of Negligent Supervision?

A nanny is hungover from the night before and falls asleep on the couch. As a result, the child in their care wanders outside and gets hit by a car.

Parents allow their teenagers and friends to consume alcohol under their roof. As a result, a kid gets alcohol poisoning or into a serious car accident after they leave.

A daycare attendant fails to lock up a toxic cleaning solution as protocol requires. As a result, a child ingests the chemicals and suffers serious or fatal injuries.

A teacher heading detention leaves the classroom for a period of time without having another teacher cover for them. As a result, a fight occurs among students that causes serious injury to another student or teacher.

High school or college coach turns a blind eye to locker room hazing, and as a result, a teammate gets seriously injured or killed.

How Do I Prove That a Party is Guilty of Negligent Supervision?

There are 4 key elements that must be present for a valid negligent supervision case. First, the individual must have had a duty of care to supervise the victim. Second, the individual must have failed to properly supervise the victim. Third, the individual’s failure to supervise led to the victim’s harm. And fourth, the incident that caused harm to the victim must have been a foreseeable event might happen that any reasonable person could anticipate and prevent with proper supervision.

Where Can I Get Trusted Guidance for a Negligent Supervision Claim?

Cases vary in detail and jurisdiction, so it is important to discuss your state’s particular laws and procedures for negligent supervision with a seasoned Indianapolis personal injury lawyer. They can determine your case’s strength and help you pursue legal action against them by filing a claim or lawsuit. If a judgement or settlement occurs, the defendant’s liability insurance carrier would have to pay it, subject to any insurance limits.

Are you ready to get in touch with a trusted negligent supervision lawyer who can help you get started on the right path toward financial justice? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced personal injury attorney in Indianapolis, Indiana. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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

Posted on December 17, 2021 by admin

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

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

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

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

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

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

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

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

Protection for Children Injured by Defective or Dangerous Toys

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

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

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

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

Frequently Asked Questions About Summer Camp Accidents and Liability

Posted on June 24, 2021 by admin

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.

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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 — Schedule a Free Consultation!

What to Do if Your Child Was Injured Because Another Adult Was Negligent

Posted on June 21, 2021 by admin

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.

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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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Is the School Liable for My Child’s Injuries?

Posted on March 3, 2020 by admin

When your child gets seriously hurt in an accident at school, your first thought is to address their medical needs. But because they are under the supervision of professionals, your thoughts start to gravitate toward fault, as occurs with all injuries. You might be asking yourself, “is someone responsible for my kid’s accident?”, or “should the school be covering the medical bills for my child’s injuries?” These are all natural questions to have as a concerned parent paying out of pocket for their child’s medical expenses and losing pay from taking time off work.

If your child was seriously injured in an accident that took place while at school or at a school-related function, continue reading to learn what you need to know about a school’s potential liability in student injuries.

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Student Injuries and School Liability

The laws and legal principles that govern school liability in the case of student accidents and injuries vary from state to state and are complex. Furthermore, most schools are local municipal government agencies, which means they are more difficult to sue due to the fact that most governmental entities are granted immunity from civil lawsuits. This legal concept is known as sovereign immunity, if on a state or federal level, and governmental immunity for cities, counties, and other smaller branches of government. Such immunity is arguably the most influential factor in determining who can be held liable after a student is injured at school.

Here in Indiana, our law recognizes and supports governmental immunity, which can pose a challenge for those who wish to seek compensation for their losses and damages following a school injury. However, many municipal governments make exceptions to the rule of not being able to be sued. Under strict, specific conditions, a family might be granted the right to sue a school after their child is seriously injured or killed on campus or while in their care. Examples of such conditions might include gross negligence, supplementary liability insurance coverage, and negligent supervision laws, premise liability laws, and more.

Your Next Steps as a Parent to an Injured Child

It is important to discuss your potential claim with an experienced Indiana personal injury lawyer who specializes in child injury claims. They have the knowledge and resources to guide you on the most secure path toward recovery. The deadlines and requirements for suing a school are much shorter and stricter in comparison to other types of personal injury claims, making it vital to have a seasoned professional in your corner. Get started as soon as possible by scheduling an in-person consultation to learn your rights.

Your Trusted Indianapolis Child Injury Lawyers

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help filing a child injury claim in Indianapolis, Indiana. We represent injured persons and wrongful death dependents throughout the State of Indiana. Seasoned personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek are motivated to help you get your life back on track after your child was seriously injured in an accident so you can concentrate on taking care of your child. We offer free initial consultations and never collect attorney fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with our Indianapolis child injury lawyers, today.

Common Examples of Negligent Supervision of Employees

Posted on October 1, 2019 by admin

Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.

Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.

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Negligent Supervision of Employees

Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.

Examples of Employee Negligent Supervision:

❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery. Also if they fail to properly supervise the use of such objects.

❖ An employer allows or ignores sexual advances or harassment of another employee.

❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.

❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.

❖ An employer allows a convicted child sex offender to be alone with minors.

Proving Negligence

As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:

➊ The defendant had a duty of care, or legal obligation to monitor the victim.

➋ The defendant failed to uphold their duty of care.

➌ The failure to uphold their duty of care caused the victim to suffer damages.

➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.

In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.

Indianapolis Negligent Supervision Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today. We represent injured persons throughout Indiana.

Protecting Your Child From Playground Concussions

Posted on August 30, 2016 by admin

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

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

Playground Concussion Accidents

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

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

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

Indianapolis Child Injury Attorneys

Personal Injury Attorneys 317-881-2700

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

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

Posted on July 7, 2015 by admin

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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

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 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.