Can I Sue if I Trip and Fall in a Store?

Posted on March 19, 2024 by admin

Every year, thousands of Americans experience the sudden jolt of pain and fear that comes with tripping and falling in a retail store. The aftermath, however, is often filled with uncertainty. If you find yourself injured due to a slip or trip in an Indiana store, it’s natural to wonder about your rights and whether legal action is an option. This comprehensive guide will walk you through the intricate world of store liability, giving you the knowledge you need to handle these situations with confidence.

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Understanding Liability in Slip, Trip and Fall Cases

When a person trips and falls in a store, the question of who is legally responsible for the injury can be complex. Indiana law follows premises liability doctrine, which holds property owners—or the party in control of the premises—accountable for maintaining a safe environment for visitors.

The Duty of Care

Prioritizing the safety of visitors should be paramount for store owners in Indiana. They have a legal ‘duty of care’ under this state’s premises liability law. This duty includes:

▷ Regular safety inspections of the premises
▷ Knowledge of, and action on, hazardous conditions
▷ Posting warnings for known hazards that are not immediately rectifiable

Proving Negligence

To succeed in a claim, you must prove that the store or its employees were negligent. This requires proving:

▷The store was aware or reasonably should have been aware of the hazardous condition.
▷The hazardous condition led to the fall and subsequent injury.
▷The store’s negligence was a significant factor in causing the injury.

Steps to Take After a Slip and Fall Accident

The first moments after a fall are crucial for your safety and any potential claim. Here are the steps you should follow:

► Seek Immediate Assistance – Do not hesitate to ask for help. Call out to someone nearby or activate a store’s emergency assistance system if available.

► Notify the Store of the Incident – It is important to report the incident immediately to the store manager. A written report should be filed, and you are entitled to a copy for your own records.

► Ask the Store to Hold and Store all Video: Numerous stores now have several video cameras on the property. Write down an request on the written report for the store to hold onto the video evidence of you fall and how ling the hazardous condition existed before your fall.

► Document the Scene – Take photographs or video of the area where you fell, including the hazardous condition or object. Record the names and contact information of any witnesses. If you cannot do these things, please have another family member or store patron accumulate this evidence.

► Seek Medical Attention – Even if you feel okay initially, some injuries may become apparent only after the adrenaline wears off. Seeking medical attention promptly can also provide a record of injuries caused by the fall. It is very common for a person who falls to start feeling the injury later that day or even days or weeks later. It is important to seek medical attention as soon as you feel something.

► Retain All Records – Keep records of all costs associated with the fall, including medical bills, lost wages, and any out-of-pocket expenses.

Legal Considerations for Pursuing a Claim

Understanding the legal framework for your claim is essential. Here are the considerations you should bear in mind:

► Statute of Limitations – In Indiana, the statute of limitations for filing a personal injury lawsuit, including slip and falls, is generally two years from the date of the injury. Failing to file within this window may mean losing the right to compensation altogether.

► Determining Fault – Establishing liability can be challenging. However, with strong evidence and legal support, proving the store’s negligence is possible.

► Consulting a Lawyer – An experienced personal injury attorney is an invaluable asset. They assess the merits of your case, guide you through the claims process, and represent you in negotiations or in court if necessary.

Potential Compensation and Settlement

In successful cases, compensation, also known as damages, can cover various aspects of the accident:

► Medical Expenses: This includes all costs related to treatment for your injuries.

► Lost Wages: If you’re unable to work due to an injury, you might be eligible for compensation to cover lost earnings.

► Pain and Suffering: Damages that consider the physical discomfort and emotional distress caused by the accident, both temporary and permanent in some situations.

► Negotiating a Settlement vs. Going to Trial

Personal injury claims are often resolved outside of court through negotiations. Yet, if an agreement cannot be met, proceeding to trial may become necessary.

Conclusion

After a slip and fall in a store, the path to justice may seem fraught with uncertainty. But with the right knowledge and support, you can stand up for your rights. Remember to take decisive action in the immediate aftermath, understand the legal principles at play, and seek professional legal advice to ensure that you receive the just compensation you deserve.

Navigating a slip and fall claim is complex, and each case is unique. We urge you to seek the assistance of a qualified attorney who can offer personalized guidance tailored to your circumstances. Don’t allow the complexities of the legal system to deter you from seeking the justice you deserve. Your comfort and well-being should be the highest priority, and pursuing a claim might lead you to a swift recovery and necessary adjustments to the store’s safety standards and policies.

If you or a loved one has suffered an injury from a slip and fall accident in a store, don’t face the legal battle alone. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to get the support and expertise you need. Our experienced Indianapolis slip and fall accident lawyers are well-versed in Indiana premises liability law and are dedicated to fighting for the justice and compensation you deserve. Schedule a free consultation now, before time runs out on your claim.

Slip and Fall Accidents in Indiana: What You Need to Know

Posted on January 16, 2024 by admin

Slip and fall accidents can lead to serious injuries and life-altering consequences. In the state of Indiana, understanding the premises liability law is crucial if you find yourself involved in a slip and fall incident. This knowledge can provide you with the necessary legal framework should you decide to pursue a slip and fall lawsuit or claim. This blog post will unravel the intricacies of Indiana’s premises liability laws, shed light on how to navigate a slip and fall injury, and offer practical advice on protecting your rights and interests in these unfortunate circumstances.

Call 317-881-2700 to Speak With Our Slip and Fall Accident Lawyers in Indianapolis Indiana

Indiana’s Premises Liability Law

Premises liability is a legal concept that holds property owners, managers and possessors responsible for injuries and accidents that occur on their property. In the state of Indiana, this law applies to slip and fall accidents, making it essential for individuals to understand what constitutes premises liability. Under Indiana Code Section 34-31-11, property owners have a duty of care to provide a safe environment for anyone on their property, whether invited or uninvited.

This includes ensuring that the premises are free from any hazardous conditions and taking necessary measures to prevent accidents and injuries. For instance, if a customer slips on a wet floor at a grocery store, causing them to sustain injuries, the property owner or possessor can be held liable for failing to keep their premises safe and free from hazards that caused the accident. The victim could file a slip and fall accident claim and collect compensation for their damages, such as medical bills and lost wages.

Pursuing a Slip and Fall Lawsuit

If you have suffered a slip and fall injury on someone else’s property, you may be entitled to compensation through a slip and fall lawsuit. However, pursuing legal action can be complicated and requires a thorough understanding of the law. It’s crucial to seek the assistance of a knowledgeable personal injury lawyer who specializes in slip and fall cases. They can help you navigate the legal system and fight for your rights. In Indiana, there is a statute of limitations of two years from the date of the accident to file a slip and fall lawsuit.

What Victims Need to Prove in a Slip and Fall Case

To win a slip and fall lawsuit in Indiana, the victim must prove that the property owner was negligent. This means showing that the owner failed to fulfill their duty of providing a safe environment for visitors on their premises. Common examples of negligence in slip and fall cases include failure to repair or warn about hazardous conditions such as wet floors, loose carpeting, or icy walkways. You must also prove that the property owners, managers and/or possessors knew or should have known about the dangerous condition prior to the fall. The most common types of injuries that slip and fall victims suffer include broken bones, head injuries, and back injuries.

Protecting Your Rights and Interests

In the aftermath of a slip and fall accident, it’s essential to take certain steps to protect your rights and interests. These include seeking immediate medical attention, documenting the incident by taking photos or videos of the scene, obtaining contact information from any witnesses, and reporting the accident to the property owner or manager. It’s also crucial to avoid making any statements or accepting any settlements from the property owner’s insurance company without consulting a lawyer first.

Conclusion

Slip and fall accidents can happen to anyone, at any time, in Indiana. Understanding premises liability law and your rights as an individual can help you navigate these unfortunate circumstances effectively. If you find yourself involved in a slip and fall injury, make sure to seek legal guidance immediately to protect your interests and hold the responsible parties accountable for their negligence. Remember, you have the right to compensation for any damages, including medical expenses, lost wages, and pain and suffering.

Would you like to speak with a seasoned civil litigator who knows how to deal with premises liability cases in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced slip and fall lawyer in Indianapolis, Indiana. We represent injured victims all across the state, Indiana residents injured in other states and residents of other states injured in Indiana. In addition, we offer the option to hold meetings either by phone, at your residence, online, or at the hospital if necessary.

Understanding the Legal Aspects of Slip and Fall Accidents in Indiana

Posted on October 5, 2023 by admin

Slip and fall accidents can lead to severe injuries, impacting victims both physically and mentally. Understanding the legal aspects surrounding these incidents in Indiana is crucial to protecting your rights and securing personal injury damages you are legally entitled to. This blog is here to shed light on the premises liability law in Indiana, detail the legal process involved in slip and fall cases, and guide victims on how to navigate the often complex terrain of personal injury cases. Join us as we delve into the intricacies of this critical aspect of law.

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What is Premises Liability in Indiana?

Premises liability is a legal doctrine that holds property owners responsible for injuries suffered on their premises. This entails the responsibility of the owner to maintain a safe environment and reasonably prevent hazards from occurring. In Indiana, both residential and commercial property owners must endeavor to help keep their visitors safe by taking appropriate measures. If they fail to do so, they can be held liable for any injuries that occur.

How Does Indiana Law Define a Slip and Fall Accident?

In general, a slip and fall accident is defined as an incident where someone trips or slips due to hazardous conditions on the property of another person. This could include anything from a slippery floor to debris left in a walkway. In Indiana, the courts use a “reasonableness standard” to assess whether someone is liable for a slip and fall accident. This means that if it can be reasonably assumed that the property owner did not take adequate steps to prevent an accident from occurring, they may be held responsible.

Additionally, there are two approaches adopted by Indiana Courts when dealing with slip, trip, and fall accidents. The “open and obvious” doctrine dictates that if the hazard is open and obvious to a reasonable person, then it could be assumed that the plaintiff should have taken more care in avoiding the accident. However, even if the hazard is open and obvious, a property owner can still be liable depending upon the specific facts of the case. On the other hand, the “reasonable discovery” rule states that as long as a hazard is not open or obvious, property owners still have an obligation to take reasonable steps in making sure their property is free of dangers.

What Should You Do if You Get Involved in a Slip and Fall Accident?

If you find yourself involved in a slip and fall accident, the most important thing to do is seek medical attention right away, even if your injuries seem minor. Additionally, it’s a good idea to take photos and videos of the scene and to obtain names and phone numbers of witnesses, as this can be used as evidence in court. It is vital that you request that the property owner or manager retain any and all video of the fall from at least two hours before the fall to two hours after the fall. It’s also important to note anything that could have caused the accident, such as a slippery floor or something blocking your path. Finally, it’s crucial for you to get legal advice from an experienced personal injury attorney who can guide you through the process of filing a lawsuit and securing damages.

What Kind of Damages Can You Recover in a Slip and Fall Lawsuit?

If you are successful in filing a lawsuit against the property owner or whoever was in charge of the property at the time, you could be eligible to receive compensation for any medical bills, pain and suffering, lost wages and other losses incurred due to your injuries. This includes physical pain and suffering, emotional distress, lost wages, and even punitive damages if the court or jury deems them appropriate. In addition to these damages, you may also be able to receive compensation for lost property or repair costs as well. This could include items such as clothing damaged during the accident, medical equipment or aids used to treat your injuries, and any other costs related to the incident.

Conclusion

Slip and fall accidents can lead to serious injuries and financial losses, which is why it’s important to understand the legal aspects of these cases in Indiana. If you have been involved in such an accident, contact a knowledgeable premises liability attorney who specializes in slip, trip, and fall cases can help guide you through the process of filing a lawsuit and ensure that you get full compensation for your losses. With the right guidance and proper documentation, you can secure justice and financial security for yourself and your loved ones.

If you have experienced a recent personal injury accident, make sure to take the time to understand your options before making any decisions. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with seasoned slip and fall lawyers in Indianapolis, Indiana. We represent victims all throughout the state, plus Indiana residents injured in other states.

Staying Afloat: What You Need to Know About Drowning Accidents

Posted on August 15, 2023 by admin

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

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

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

Some Causes of Drowning Accidents

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

▶ A lack or proper supervision

▶ Inadequate or malfunctioning pool safety equipment

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

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

▶ Other malfunctioning or inappropriate pool equipment

Consequences of Drowning Accidents

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

Preventative Measures

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

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

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

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

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

…properly providing and maintaining all pool equipment

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

Wrongful Death Claims

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

Personal Injury Claim of the Victim

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

Open Water Accidents

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

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

In Summary

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

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

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

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

Posted on November 22, 2022 by admin

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

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

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Premises Liability Law in Indiana

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

Types of Premises Liability Cases

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

Filing a Premises Liability Claim After a Slip and Fall Accident

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

How to Protect Yourself as a Slip and Fall Victim

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

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

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

Posted on February 1, 2022 by admin

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

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

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A Property Owner’s Duty of Care

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

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

Burden of Proof in a Slip and Fall Accident

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

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

What caused me to slip and/or fall?

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

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

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

If you are injured in a Slip and Fall:

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

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

Not sure which personal injury law firm can help you recover the maximum settlement for your slip and fall case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with us about scheduling a free consultation with a licensed and experienced slip and fall injury lawyer in Indianapolis, Indiana. We represent clients throughout the state of Indiana and can hold meetings over the phone, internet, or in person at our Indy-based office.

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Facts About Premise Liability Policy For Small Business Owners

Posted on July 23, 2021 by admin

Slip and fall injuries can and do happen on the premises owned or controlled by business owners, small and big alike. All businesses should have general liability insurance and premise liability insurance for a commercial property and their business in general. Small and big employers and their employees are sometimes “negligent”, which basically means failing to use due care. If a business is negligent, they can and should be held liable for resulting injuries and damages to their patrons. If a business is found to be negligent by a judge or jury, their insurance carrier will pay for any verdict against the company.

Continue reading to learn about premise liability policy protection and who to call for pertinent advice and information about this topic and more.

Indianapolis IN Slip and Fall Lawyer 317-881-2700

General Liability Insurance for Small Businesses

Not only is it important to retain this kind of insurance, it is also important to obtain the right amount of coverage. Having enough coverage is necessary for proper protection for the business and to provide for full compensation for a patron injured as a result of negligence. An experienced insurance agent can provide accurate assessments for a business’s particular policy coverage needs although in general, the more coverage you have the better.

For such insurance policies, a business pays a monthly or quarterly premium for their insurance coverage. This premium promises an insurance defense attorney to fight their case, as well as a money reserve to cover any court-ordered retributions or remunerations awarded against them by a verdict or for funds to use to obtain a settlement. This is another reason supporting the importance of having enough liability coverage.

Premise Care and Maintenance

Businesses have a legal obligation to provide a safe premise for anyone invited or welcomed onto their property. It is important to properly inspect, maintain and care for their property, inside and out, so people are not injured. This means proper inspections, floor cleaning, repair, and maintenance, as well as routine snow shoveling and salting, pathway clearing, concrete repair, and much more. It would also includes reviewing and ensuring that the property meets all safety rules, codes and ordinances.

It is also their duty and legal obligation to supervise employees and staff within their business as businesses can only act through their owners, officers, agents and employees. If any of these persons were negligent and contributed to causing a person’s injuries, the business itself is held responsible under Indiana law. Thus, it is important to make sure all employees are fully aware of the importance of premises safety for any business.

Hire an Indianapolis Personal Injury Lawyer if You are Hurt in a Slip and Fall Accident

If you were recently injured in a slip and fall accident, contact a licensed Indianapolis slip and fall lawyer for professional legal advice and information. You may be entitled to legal compensation for your damages and losses.

Were you seriously injured in a slip and fall accident in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 317-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured victims throughout the state of Indiana.

You Should Also Read:

Important Injury Lawsuit Information for Slip, Trip, and Fall Accidents
What Causes the Most Slip and Fall Accidents?
What Physical Evidence Should I Keep for a Slip and Fall Claim?

Indianapolis Personal Injury Lawyers 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.

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?

How the Law Holds Property Owners Accountable for Negligence

Posted on April 26, 2021 by admin

Premise Liability Law is a set of ordinances that hold property owners liable and responsible for any harm or damages caused to people that are on their premises. This liability differs depending on whether the injured person was invited onto the property, licensed to enter the property, or someone who has trespassed onto the property. Continue reading to learn more about premise liability law, and how it protects you against being wrongfully injured by a negligent store or property owner.

Indianapolis IN Accident Lawyers 317-881-2700

What is Considered One’s Premises?

Property premise is defined as inside and outside the property, including sidewalks and access property. Such cases of premise liability have involved slip and fall accidents, structural hazards, victims of violence and assault, food poisoning, animal bites and attacks, and more. More detailed reports of past premise liability cases were dead tree branches, poorly maintained public stores, swimming pool accidents, pet bites and animal attacks, driveway car accidents, unlevelled sidewalks, restaurant food poisoning, and bonfire accidents.

Premise Liability Organizations

Important organizations related to premise liability law in Indianapolis, IN are the American Tort Reform Association (ATRA), the National Association of Insurance Commissioners (NAIC), and the National Center for Injury Prevention and Control (NCIPC). These associations have dedicated years of combined efforts to reform the law and rights of injured individuals. The American Tort Reform Association was created in 1986. The Association’s creed is preserving the American civil justice system’s efficiency, predictability, and fairness.

The National Association of Insurance Commissioners seems like an unlikely ally in the premise liability law world. But, in fact, this association has worked endlessly to promote markets, protect the public’s interest, implement equal and fair service of insurance customers, promote reliability of insurance companies, and the improve the state’s regulation of insurance. Finally, the National Center for Injury Prevention and Control was established 20 years ago to promote safety and injury prevention across the country and works closely with research institutions to get closer to their goals.

Talk to an Experienced Premise Liability Lawyer

If you think you may have been involved in a premise liability accident, it is important to contact an experienced personal injury attorney right away. Depending on the circumstance of your case, you may have a valid legal claim for compensation. You can pursue a personal injury claim to recover financial restitution for lost wages, emotional distress, hospital bills, medical expenses, legal fees, prolonged therapy, pain, suffering, and much more.

Were you injured on someone’s property because they were careless? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a seasoned personal injury attorney in Indianapolis, Indiana. We also specialize in slip and fall accident cases.

You Should Also Read:

A Store’s Obligation to Maintain Safe Premises
What is Premise Liability?
How Do I Sue a Store for My Injuries?

Can I Sue a Spring Break Hotel After Being Injured on their Property?

Posted on March 23, 2021 by admin

Spring Break is here, and hundreds of thousands of people are planning, enjoying, or just coming home from their well-deserved vacations. When you think of going on Spring Break, you imagine a fun-filled trip chalked full of new experiences and happy memories. No one really plans on getting hurt, especially at their own hotel. As a spring break vacation hotel guest, you fully expect that your hotel will provide a safe and hazard-free environment during your stay. But accidents do happen on Spring Break; and if they happen as a result of hotel negligence, injured victims should be fully and fairly compensated for their damages and losses.

If you were recently injured on hotel property as a result of their negligence, you may be entitled to a settlement to cover your damages. Continue reading to learn the basics of hotel accident liability, and how to determine if you have a strong case.

Spring Break Hotel Injury Lawyers 317-881-2700

Hotel Accidents and Premises Liability

Right now, hotel traffic and occupancy are high, especially in popular vacation spots like Florida and New Orleans. The majority of hotels and hotel chains in these tourist areas are properly managed and maintain strict internal safety codes for the security of their guests, visitors, and staff. Such hotels stay current on all building codes, regular inspections, and routine maintenance, ensuring that everyone in and around their premises are safe and protected against foreseeable hazards. But unfortunately, not all hotels uphold this duty of care, leaving many Spring Breakers wrongfully injured in a hotel accident this time of year. Even the most professional and esteemed hotels sometimes do not use reasonable care, making them liable for a person’s injuries in the case of an accident.

Common Types of Hotel Accidents

Hotels are built in a way that can pose a long list of possible hazards and accidents, from balconies and stairwells to fire systems, swimming pools, slip and falls, food poisoning, assault, theft, and even tea kettles and unsafe furniture. With so many amenities, activities, and structures around, the possible ways of getting hurt are virtually infinite.

❖ Balconies and Stairwells – Dangerous and defective railing, lighting, and other structural integrity issues are common causes of hotel negligence that can lead to victims falling off of balconies or down stairwells.

❖ Swimming Pools and Pool Decks – Drowning accidents at hotels happen and swimming pools can also pose several other types of dangers, such as head and neck injuries, spinal injuries, orthopedic injuries, and slip and fall injuries.

❖ Slip and Falls – There are many slip and fall hazards that can cause serious injuries to hotel guests and visitors, such as wet floors, un-level walking surfaces, torn carpeting, poorly-lit staircases, damaged curbs and steps, and much more.

❖ Defective or Broken Items – Furniture, small appliances, and other items in a hotel can also be the cause of a wrongful injury to a guest, such as a broken shower rail, defective tea kettle, faulty electrical wiring, irons, steamers, fire alarms, smoke detectors, and more.

❖ Criminal Activity – Hotels are supposed to provide a safe environment for their occupants and staff. They should take the proper precautions to prevent common spring break hotel criminal activity like theft and assault.

Premises Liability Law

Hotels are legally required to use reasonable care to keep their occupants and staff protected from foreseeable hazards and unsafe environments on their premises, including indoors, outdoors, shuttles, and parking lots. If they fail to uphold this legal duty of care, they can be held responsible in a premises liability lawsuit. If a person, guest, employee, or otherwise, is injured on their property as a result of the hotel’s failure to reasonably maintain safe premises, victims can sue the hotel and recover compensation for their damages and losses. Common personal injury damages include hospital bills, medical expenses, lost wages and pain and suffering.

Were you seriously hurt in your hotel on spring break?

Contact the accident attorneys at Craven, Hoover, and Blazek P.C. for professional personal injury claim representation you can trust. We serve clients in Indianapolis and all throughout Indiana. Call us at 888-881-2700 or 317-881-2700. If the injury or death occurs outside Indiana, our law firm will work hand in hand with a well respected law firm in whatever state the injury or death occurs in to assure that our clients have the best representation in both states.

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Defining “Duty of Care” in a Personal Injury Lawsuit
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