Articles Posted in Personal Injury

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We want to do everything we can to keep our loved ones safe. One of the best ways to do this is to frequently check the latest product recalls from the U.S. Consumer Product Safety Commission (CPSC).

Our Highland personal injury attorneys are asking all residents to take a glance at the latest recalls to help identify any dangerous products that might be in your home. Every year, thousands are injured by defective products — and hundreds of consumers are recalled by the manufacturer or the federal government. Many of these products are marketed for use by children.

Stay up to date with these recalls to help to reduce the risks of injuries.Kolcraft Strollers:

Nearly 40,000 of these products have been recalled in the U.S. and another 300 in Canada because the strollers pose serious fingertip amputation and laceration dangers. What can happen is a kid’s finger can get caught in the opening that is formed when locking and unlocking the hinge used to adjust the handlebars on the strollers. There have already been three child fingertip amputations and a number of adult injuries reported. If you have one of these strollers, you should call the company to get more information on a free repair kit. Call (800) 453-7673.

Black & Decker Coffeemakers

Nearly 160,000 Spacemaker™ 12-Cup Programmable Under-the-Cabinet Coffeemakers have been recalled by Black & Decker. What can happen is the coffee pot handle can break. When this happens, users are subject to serious cut and burn injuries. There have already been nearly 1,300 reports of the handle breaking and another 70 injury reports. If you have one of these pots, contact the company at (866) 708-7846 for a free replacement.

Downeast Concepts’ Beach Chairs:

There are nearly 15,500 folding beach chairs that are being recalled because they pose serious laceration dangers to children. The metal rivets on the chairs are exposed and can cut young ones. There have already been injuries reported to the company. If you have one of these chairs, please discontinue use and call the company for a full refund. Call (800) 343-2424.

Rigo’s Children’s Lounge Pants and Boxers:

More than 210,000 children’s Pull-On Lounge Pants and Girls Boxers have been recalled by Rigo International Inc., of Los Angeles because the clothing fails to meet the federal flammability standards for children’s sleepwear. These items pose a risk of burn injury to children. There has already been one report submitted to the company. The legs of a 9-year-old were burned in an accident. If you have any of these items, contact the company for a full refund. Call (888) 229-1292.

You’re urged to check the list of recalls from the CPSC frequently to make sure that there are no dangers lurking in your home. Share these recalls with your friends and family members to help to keep everyone safe!
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A pedestrian who was walking across U.S. 40 was killed as she walked to support life. The fatal accident happened at about 5:00 a.m. and the woman was wearing a reflective vest when she was hit in Hendricks County.

According to WISH-TV, the woman was walking in support of the Pro-Life movement. She was walking with the Crossroads group, which is venturing from San Francisco to Washington D.C.Highland accident lawyers know summer is the most dangerous time of year for all types of motor vehicle accidents in Northern Indiana, including bicycle and pedestrian accidents.

During the summer season, we see a significant increase in the number of pedestrians and bicyclists along our roads, a fact that increases everyone’s risk for an accident. As a matter of fact, the most dangerous time of the year for both pedestrians and bicyclists is between the months of May and August.

To help pedestrians to avoid accidents with motor vehicles, we’re here to offer some potentially life-saving walking tips.

Pedestrian Safety Tips:

-Don’t listen to headphones or mess with your telephone before attempting to cross the street. Distracted walking is dangerous.

-Always make eye contact with drivers before attempting to cross the road.

-Make sure that you obey traffic signs and cross at properly marked crosswalks.

-While you’re waiting to cross the street, make sure you stay behind the curb. Don’t stand on it.

-Look both ways before attempting to cross the street.

-Be extra careful when it’s raining.

-Avoid drinking and walking. Just like drinking and driving, it increases your risks for an accident.

-Wear brightly-colored clothing to make yourself more visible.

-Walk on the sidewalk whenever there is one available.

-Make your travel as predictable as possible.

Bicyclists are just as vulnerable. Bicyclists of all ages need to be careful along our roadways. A helmet should always be worn even though there is no bicycle helmet law in the state of Indiana, according to the Insurance Institute for Highway Safety (IIHS).

Bicyclists are prohibited from riding more than two abreast in Indiana except on paths or parts of roadways that are set aside for the exclusive use of bicycles. Riders are also required to have a lamp on the front of their bike that can be seen from at least 500 feet when riding a half an hour after sunset until a half an hour before sunrise. You also want to make your maneuvers as predictable as possible. When drivers can see you and know where you’re headed, your risks for an accident decrease.

Be safe out there. Summertime doesn’t have to be such a dangerous time on our roadway for travelers. Be cautious and alert to help reduce everyone’s risk of becoming a tragic summer statistic.
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During this time of the year, many residents throughout the area pull out their all-terrain vehicles (ATV) to carouse the town, or for some off-road run. The weather pefect, the sun is shining and residents get to enjoy some time away from work and school.

ATV accidents can ruin an otherwise good time and can often be quite serious. In recent weeks, there have been at least three ATV accidents in Bartholomew County and elsewhere nearby. According to NECN, officials are taking these accidents as a warning and are working to raise awareness about the dangers through the summer and fall riding seasons.One of the first accidents happened near Indianapolis when a 14-year-old was riding his ATV on South County Road. When he swerved to miss a dog, his ATV flipped over and landed on top of him. The young rider was taken to Columbus Regional Hospital where he was treated for a broken leg.

Our Highland personal injury attorneys understand that a man from Scipio died last month after an ATV accident in northwest Jennings County. This rider died as a result of blunt force trauma to the head. This ATV accident happened as a result of loose gravel and asphalt on the side of the road.

Also in June, two young girls suffered from serious head injuries after they were thrown from an ATV that their father was driving. This ATV accident was a rollover as well. In both of these incidents, none of the riders were wearing a helmet or any other form of safety equipment.

Some ATV accidents can lead to injuries as minor as bruises, burns, scrapes and cuts. But each year there are riders who die or suffer life-altering brain injuries. Regardless, ATV injuries of all kinds can be minimized when the proper safety precautions are taken and safe driving habits are practiced.

Make sure that riders always wear protective equipment. Never allow a young rider to ride an ATV that’s suitable for an adult. Make sure that each rider is riding on an age-appropriate ATV. Children’s ATVs are typically slower and smaller. It’s also a wise idea to stay off of our state’s roadways and stay away from cars and trucks.

Believe it or not, ATVs are not designed to be ridden on the road. Their steering systems and brakes are designed for off-road use. In many Indiana counties it’s even illegal to ride these vehicles on roads.

According to ATVSafety.com, there were more than 315 people who died in ATV accidents across the U.S. in 2010. In addition to these fatalities, there were another 120,000 people injured.

We’re asking all riders to make sure that they’re using these vehicles safely and correctly. These accidents are avoidable with safe and smart riding practices. Be safe and enjoy!
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New statistics illustrate that there was a near 5 percent decrease in the number of alcohol-impaired-driving fatalities from 2009 to 2010.

Unfortunately, there was also a decrease in the total number of vehicle miles driven during this time too, illustrating that the risks are just about the same.

According to the most recent release from the National Highway Traffic Safety Administration (NHTSA), there were close to 10,250 people who were killed in alcohol-related traffic accidents in Highland and elsewhere. Experts have concluded that someone was killed in one of these accidents every 51 minutes throughout the year. What’s most alarming is that all of these fatalities could have been prevented. Drunk driving is 100 percent avoidable!Our Highland injury lawyers understand that there roughly 220 people who were killed in alcohol-related car accidents in the state of Indiana in 2010. These accidents accounted for about 30 percent of all of the traffic-related fatalities in the state for the entire year. About 195 of these people were killed in car accidents that involved a driver who was legally drunk behind the wheel, or returned a blood alcohol concentration (BAC) reading of 0.08 or higher.

In most of these accidents, it’s the intoxicated drivers who are killed, but it’s important to point out that many others are killed and injured, too. In 2010, more than 6,630 of the people who died were the drunk drivers, more than 2,870 were motor vehicle occupants and another 730 were nonoccupants. Drivers and other travelers along our roadways are asked to be careful out there and to be mindful of the driving of others. Practice your most defensive driving habits every time you’re behind the wheel to help to keep yourself out of a potentially fatal accident.

To make these matters even worse, about 1,200 people who were killed in these kinds of accidents were kids who were 14-years-old or younger.

Travelers are asked to be extremely cautious during the evening hours and during the weekends. These are the times when we typically see higher numbers of these types of accidents.

To help you to avoid one of these accidents, the Indiana Criminal Justice Institute’s Traffic Safety Division offers these safety tips:

-Plan ahead. If you’re going to be out drinking, be sure to designate a sober driver before starting your evening. Give that person your keys.

-If you’re impaired, call a taxi, use public transit or call a sober friend or family member to come get you. Keep driving out of the mix. You should never consider getting behind the wheel, no matter how little you think you’ve had.

-Stay the night at a friend or a family member’s house.

-Be sure to report any driver that you suspect is drunk to local authorities. Reporting these drivers can help to save lives.

-Always wear your seat belt. This is probably your best defense against an drunk driver.
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When you are involved in a Highland personal injury lawsuit, you have the burden of proving your contentions. But the rules governing evidence are very complex and can be very intimidating.Having the guidance of an experienced Highland injury attorney can mean the difference between winning and losing your case.

Martin v. St. Dominic Memorial Hospital is a case arising from a slip and fall. Martin (“plaintiff”) was a patient at St. Dominic Memorial Hospital (“SDH” or “Defendant”). While attending a group therapy session within the building, plaintiff went to the bathroom. As she was walking back to the meeting, plaintiff slipped and fell onto her knees. There was a custodian waxing the floor at the time of the plaintiff’s fall.

Plaintiff suffered injuries and swelling to her knees. She sued SDH for a cause of action for negligence. In order to prove your case for negligence, the plaintiff must prove each of the four elements. First, the plaintiff must prove that the defendant had a duty of care to the plaintiff. Next, plaintiff must prove that the defendant breached this duty of care. Then the plaintiff has to prove that the defendants breach was the direct and proximate cause of the plaintiff’s injuries. Lastly, the plaintiff must prove that they suffered damages.

The court in this case dealt with the issue of whether there was enough evidence presented by the plaintiff to prove her claim that SDH was negligent. The problem arose with the question of whether the defendant’s actions or omissions caused the plaintiff’s injuries.

It was uncontested that the plaintiff slipped and fell causing swelling to her knees. It was also accepted that the floor was being waxed and that the plaintiff did fall because of the slippery floor.

The doctor who treated plaintiff indicated that she was suffering from arthritis in her knees before the slip and fall. And in his treatment report, the doctor said the plaintiff’s meniscus tear in her left knee could have been caused by “wear and tear” or an injury. This lack of specificity was not cured by questioning from the plaintiff’s attorney. Therefore, the causal link between the defendant’s alleged breach of duty and the plaintiff’s injuries was not established.

In order for a doctor’s testimony to be sufficient in the proving of this causation element of negligence, the doctor must analyze the probabilities. The plaintiff had to prove that her injuries were the result of her slip and fall at SDH or that her fall aggravated her preexisting condition. This lack of sufficient certainty in the doctor’s report means the third element of negligence was not fulfilled and therefore the negligence action was not appropriate.

The court in this case indicated that because a reasonable jury would be unable to decipher whether plaintiff’s knee injuries were caused by her fall at SDH or from wear and tear due to arthritis, the defendants should be awarded with a directed verdict.

This case shows how important it is to have an attorney who can help get the evidence needed in your personal injury case.
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Tactical decisions in an Highland personal injury case are usually the responsibility of your attorney after consultation with you the client. Knowing all the rules is impossible when you are concentrating on recovering from your injuries. Our experienced and knowledgeable Indiana attorneys can help give you the peace of mind you deserve.In Rhonda v. Weathers there was a car accident which resulted in litigation. The plaintiff sued the defendant claiming that the defendant had been negligent in his operation of his motor vehicle.

When there is a lawsuit for negligence in a personal injury case, the plaintiff is responsible for proving by a preponderance of the evidence that the defendant breached their duty of care. The plaintiff has the burden of providing this to the court with evidence and with arguments surrounding every specific legal element of the negligence claim.

When cases begin, there is a period called discovery. During this period, parties have the opportunity to depose witnesses, file Requests for Production of crucial evidence, Requests for Admissions, and some parties may even decide to settle after receiving all the information on their case.

Although most personal injury cases do settle many do continue on to trial. Understanding the costs and benefits of both settling and trial is a crucial part of the legal process.

It was during this discovery period that the conflict in Rhonda v. Weather became complicated. Rhonda’s attorney received medical bills from the plaintiff and sent a Request for Admissions to the defendant. A request for admissions is a series of questions that one party asks another in order to establish which facts will be disputed in the trial.

Rhonda’s attorney sent the defendant copies of Rhonda’s medical bills and asked the defendant to authenticate that the bills were in fact medical bills for the plaintiff’s injuries sustained because of the car accident between the two parties. Upon receipt of this Request for Admissions, Weathers responded that he was unable to verify that the documents were of the character alleged, as he had no way of authenticating them himself.

At the time that the plaintiff’s attorney moved to enter the records into evidence, the defendant’s attorney never objected. This led the plaintiff’s counsel to argue that the defendant strategically did not answer the questions in the Request for Admissions because he wanted to prolong the time leading up to trial, and create more expenses for the plaintiff.

The plaintiff cited the Mississippi statute that addresses this situation and says a moving party may request the non-moving party pay reasonable legal expenses where the party fails to agree with the truthfulness of a document but later accents to it.

The jury in the trial court that heard this case found that the plaintiff did not meet her burden of proof and granted a verdict for the defendant. This court also rejected the request for sanctions to be imposed on the defendant. Rhonda disagreed with this holding, and appealed to the Supreme Court of Mississippi. The defendant promptly filed a writ of certiorari asking the state Supreme Court to instruct the lower court to look over the facts of only the sanctions involved in this case again.

The main issue was whether the defendant can be charged with sanctions for failing to respond to the Request for Admissions regarding medical records where there was no objection to the entry of those records during trial.

This question is contingent on the state evidence code and the classification of business records and medical records. The court here found that in order for a medical record to be admissible in court without the testimony of a custodian or qualified witness, the document must be self- authenticating. In order for the document to be self-authenticating the record must be accompanied with a “written declaration under oath.”

Because the medical records were not self- authenticating, the defendant had no way to verify their validity; therefore, he cannot be subject to sanctions for a failure on the part of plaintiff’s attorney.

This case shows how important it is to have a skilled attorney fighting for you to help you get the results to which you are entitled, regardless of the complexity of law.
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Parents of young children should take note of recent media reports signaling the threat of possible child injury in Indiana when using the Bumbo seat.The seat, made of soft foam and manufactured in South Africa, has become monstrously popular, selling more than 4 million seats in the U.S. alone.

Many parents seem to love the seats because they allow their young infant to sit up, often for the first time. There are no safety straps or buckles, and manufacturers say this is a good thing, as it’s not meant to restrict the baby’s movement.

But, as our Indiana child injury attorneys know, babies need to be secured. A number of advocacy groups say the fact that that children are not strapped down while in these seats has led to skull fractures and other injuries.

It’s been five years since the seat was initially recalled. In 2007, a number of parents began reporting that their children were being hurt when they were placed in the seat that was then placed on an elevated surface, such as a bathroom counter top or kitchen table.
When the seats were recalled, warning labels were placed on the sides, alerting parents and caregivers to the potential dangers of using the seat up high.

Before the recall, the U.S. Consumer Product Safety Commission reported it had received reports of 46 accidents. In 14 of those cases, the infants suffered a serious skull fracture. Unfortunately, it does not appear the accidents are being reduced after the recall. In fact, the commission reported that since the recall, it has received reports of 45 more children being hurt after falling out of the seats, with 17 of those suffering head injuries.

Additionally, the commission reports that it has received 50 reports of little babies who fell out of the Bumbo seats when they were on the ground. Of those, two had head injuries and another had a concussion.

One would think this would be enough for the commission to issue a second recall of the product. This is exactly what a number of children’s advocacy groups have been asking for, with a letter-writing campaign to the government agency. They are still waiting to hear back, according to various media outlets.

Even amid concern among parents, caregivers and government regulators, the maker of the Bumbo seat continues to say the product is not a danger. If used correctly, a spokesman said, the seats are safe.

Putting a strap or safety restraint on the seat isn’t an option, the spokesman said, because that would create a false sense of security for parents. The spokesman added that of the 45 new accidents, more than a quarter of them happened in the old seats with no warning labels.

A California pediatrician was quoted by one news agency as saying that even if a parent were standing or sitting right next to the child, an accident in one of these seats could unfold in a split second.
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Halloween is right around the corner and kids across the state are gearing up for some serious trick-or-treating. Haunted houses are spooking neighborhoods, witches are flying though treetops and jack-o-lanterns are lighting up the late-night sky. During this time of year, your child faces some of the most haunting risks for child injury in Highland and elsewhere throughout the state.Our Indiana personal injury attorneys ask that all ghosts and goblins be extra careful on the 31st, whether trick-or-treating around the neighborhood, attending a Halloween party or venturing through a haunted house. Dangers lurk around everyone corner and serious injury could result if we’re not careful. To help keep little monsters and rock stars safe this Halloween, we’d like to share a few simple safety tips that can help to keep everyone safe.

Southern Indiana Pediatrics offers these safety tips for safe Halloween fun:

Costumes

-Consider face paint instead of a mask for your child’s costume. Masks can obstruct your child’s vision and can present serious danger when trick-or-treating.

-Make sure your child’s costume is flame-resistant and the face makeup is non-toxic and hypoallergenic.

-Suit your little goblins up in comfortable shoes. Also make sure that their costumes fit appropriately so they’re not prone to trip and fall.

-Be sure that all children who trick-or-treat after the sun sets have reflective tape on their costumes or are carrying a flashlight.

Pumpkin Carving

-Never let a small child carve a pumpkin. Let your child draw on a customized pumpkin-face design with a permanent marker. Children ages 5 to 10 should be allowed to carve pumpkins only if they have special pumpkin cutters that come equipped with safety bars.

-When you can’t use artificial light, it’s best to use a votive candle in a pumpkin.

-Make sure that all lighted pumpkins are placed on a sturdy surface. They shouldn’t be set near curtains or other flammable objects.

-Never leave a candle-lit pumpkin unattended.

Sweet Treats

-Consider handing out healthy treats or other non-food items like spider rings, pencils, stickers or bubbles.

-Never allow your child to snack on candy while trick-or-treating. Make sure they’re fed before they head out hunting for treats.

-Parents should examine all candy before handing any over to children. Remove any items that have been opened or tampered with.

-Remove all choking hazards from your child’s treat bag. This includes peanuts, gum, small toys and hard candies.

Halloween at Home

-Make sure that your house is kid-proof for trick-or-treaters. Remove all trip hazards from your driveway, sidewalk and front door.

-Make sure that all exterior lights are working.

-Make sure that walking surfaces are dry and are clear of leaves and other yard debris.

For information on Halloween events in Indiana, visit the Muncie Free Press website.

Halloween is for every one of all ages. Remember to keep these safety tips in mind to help prevent injuries. Maybe it you’re nice to your little trick-or-treater, he or she will share some of the sweets with you. Happy Halloween!
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A recent Northwest Indiana motorcycle accident took the life of a 29-year-old rider in Lake County and left a passenger seriously injured, according to the Indiana State Police. The fatal accident happened in the westbound lanes of Interstate 90 at the 15.6 mile marker.

The motorcyclist reportedly died at the scene of the accident as a result of blunt force trauma. The 34-year-old female passenger was taken to North Lake Methodist Hospital in Gary and was listed in critical condition.Our Crown Point personal injury lawyers urge you to keep an eye out for motorcycle riders during the final weeks of the riding season. Motorcyclists are more vulnerable to injury and death in the event of an accident than the occupants of a car. Riders are oftentimes overlooked on our roadways, and while they hit the road in full force over the next couple weeks we all need to be extra cautious to help avoid potentially serious or fatal accidents.

According to the National Highway Traffic Safety Administration, there were more than 690 traffic accident fatalities in the state of Indiana in 2009. More than 110 of these fatalities were suffered by motorcyclists. Drivers ages 40 to 49 were most likely to be killed in an accident. The 30- to 39-year-old age group followed at a close second. Both groups accounted for more than 60 motorcycle deaths. In 2009, the death rare for motorcyclists was more than 54 fatalities per 100,000 motorcycle registrations.

Now that we know just how often these motorists are the victims of fatal accidents, it’s time to focus the attention on ourselves, passenger-car drivers, to help make the roads safer and to reduce their risks for these accidents.

Motorists are urged to follow these safety tips, especially when traveling near Indiana’s popular motorcycle roads:

-Always be aware of your surroundings. Keeping an eye on traffic flow will also help you to keep an eye out for motorcycles.

-Always physically check your blind spots before making a lane change or before making a turn.

-Always predict that a motorcycle is closer than it appears. The small size of a motorcycle can make you believe that it is farther from your vehicle than it actually is.

-Don’t share lanes with motorcycles. They’re entitled to their own lane as they are required to follow the same road rules as you.

-Don’t follow too closely. Motorcyclists sometimes slow their vehicle by downshifting instead of hitting the brake. This does not activate the brake light, which can increase their risks of being rear ended if you’re following too closely.

-Make sure their turn signal is for real. Turn signals on motorcycles aren’t self-canceling like the ones on our cars.

With greater driver awareness, we can all do our part to help reduce the risks of fatal motorcycle accidents. These riders only have a short while to enjoy the open road. Let’s help them enjoy it safely.
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A recent teen car accident in Veedersburg killed two Fountain Central High School students. Three teens were involved in the single-car accident that happened on the Kingman Road, according to Commercial-News.

Two of the teens were airlifted to local hospital. One was transported by ambulance.

The Fountain County Sheriff’s Department reports that two of the teen motorists died shortly after arriving at the hospital. The third was last listed in stable condition at Methodist Hospital in Indianapolis. Local sheriff deputies are investigating the accident.Our Northwest Indiana car accident attorneys understand that car accidents are the number of cause of death for teens in the United States. As the new school year begins, we encourage all parents to discuss the importance of safe driving habits with their teen drivers. Many of these fatal accidents can be prevented with proper driver education and practice.

According to the Centers for Disease Control and Prevention, motor-vehicle accidents account for most accidental teen deaths. About eight teens ages 16-19-years-old died because of traffic accidents each day in 2009. If calculated per mile driven, young drivers of this age group are approximately four times more likely to be involved in a car accident than drivers in older age groups.

The CDC reports that there were approximately 3,000 teens killed in car accidents in the United States in 2009. Another 350,000 teens were injured in traffic accidents throughout the year.

Although these young drivers, ages 15- to 24-years-old, account for 15 percent of the entire U.S. population, they make up approximately 30 percent of the costs resulting from motor-vehicle injuries — or about $26 billion a year.

Here are some safe teen driving tips for parents to discuss with their young drivers:

-Set a good example. Make sure that you practice all of your own advice and safe driving habits when you’re driving with your teen in the vehicle.

-Allow your child to have plenty of supervised driving time. Practice helps them to be more prepared for the hazards they’re going to face on our roadways.

-Make sure you ride with them during various driving conditions. Ride with them during early morning hours, during the evening, in the rain and through the snow. All of this practice will help prepare them for unavoidable conditions.

-Don’t allow them to drive with any passengers for the first six months after receiving their license. Passengers can be some of the most influential distractions and contribute to the risks of a fatal car accident.

-Require that your child call or text you when they arrive and when they leave their destination.

-Give them a curfew. Accident risks increase during evening hours.

-Create a parent-teen driving contract between you and your teen to help lay down ground rules that everyone can agree on. Make sure you lay out the consequences of breaking one of these rules too!

Teen drivers are more likely to underestimate dangerous driving situations or not be able to recognize hazardous driving situations. This ability comes along with experience, so get out there and practice with your young driver.
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