As a recent news article tragically reported, an 8-year-old child passed away from a serious car accident. According to state police, the child was traveling in a car that stopped at an intersection. As the driver crossed the eastbound lane to enter the highway, her vehicle collided with another vehicle at a t-bone angle. Sadly, the child died at the scene. Both drivers suffered serious injuries and received treatment at a nearby hospital.

How Can You Protect Your Child from a Fatal Accident?

If you have young children, one of the best ways to protect them is to place them in a car seat. Car seats can keep children safe in the event of an accident. However, not all car seats are equal. First, make sure the car seat is appropriate for your child. The National Highway Traffic Safety Administration (NHTSA) has an online tool that allows you to find a proper car seat based on your child’s age, height, and weight. In addition to selecting the right car seat, make sure to correctly install the seat in your vehicle. An incorrectly installed seat may not provide adequate protection from injuries. Finally, make sure your child is strapped into the car seat. If your child is in a booster seat, make sure your child is also wearing a seatbelt. These steps can help keep your child safe in the event of a car accident.

more Can You Pursue Damages for a Child’s Injuries?

Children cannot bring a lawsuit in their name. However, Indiana allows parents to bring a wrongful death or personal injury lawsuit on behalf of their child. Under the Child Wrongful Death Act (Indiana Code 34-23-2-1), parents or guardians can file a lawsuit against an individual whose wrongful act or omission caused the injury or death of their child. The statute defines “child” as a person under 20 years of age or under 23 if the child was enrolled in postsecondary education or technical school. Plaintiffs bringing a wrongful death lawsuit may recover damages for the loss of the child’s companionship and services. They can also recover healthcare and hospitalization resulting from the accident, funeral and burial expenses, the child’s uninsured debts (such as student loans), and costs to administer the child’s estate, including attorney’s fees. Finally, plaintiffs can seek the reasonable expense of psychological and psychiatric treatment by a surviving parent or minor sibling of the child.

Has Your Child Been the Victim of an Indiana Car Accident?

If your child has suffered injuries or died in an Indiana car accident, contact Padove Law for assistance. Indiana personal injury attorney Burton A. Padove understands the significant emotional harm you and your family can experience if a child is harmed. Through Attorney Padove’s compassionate and skilled representation, he will fight to hold the responsible party accountable and secure a favorable damages award for your family. To schedule a free initial consultation, call 219-836-2200.

According to a local news report discussing the accident, the 11-year-old boy and adults from his family were setting off “mortar-style” fireworks when an explosion occurred and the boy was seriously injured. His family attempted to rush him to the hospital after the explosion, but he died before they arrived. Although the accident is still under investigation, authorities have ruled it an accident for the time being.

All fireworks involve some risk of injury, especially if they are not used as intended. Some types of fireworks are more dangerous than others. IN 2013, the Indiana legislature expanded the permitted types of fireworks allowed in the state. This rule change allowed Indianans to use aerial consumer fireworks, such as mortars and bottle rockets, in addition to the ground-based fireworks that were previously allowed. These ariel fireworks are generally more dangerous than grounded ones, as the aerial varieties usually utilize at least two separate explosions to cause the desired effect, and can cause serious damage if they are misused or fail to function as intended.

Consumer products such as fireworks are subject to state and federal consumer safety laws. The manufacturers or distributors of these products are responsible to market a product that is safe for use by American consumers. If a firework malfunctions and causes injury or death, the manufacturer or distributor may be responsible for damages related to the incident. Additionally, the manufacturers and distributors of fireworks must warn consumers of the risks of misuse, and instruct consumers on how to safely use the product. In cases where someone misuses a firework and it results in injury or death, that person may be personally responsible for damages related to the loss. If there is property insurance coverage for the location where an accident occurs, damages related to the accident may be covered under such a policy.

Seeking compensation for accidents that occur at family events and social gatherings may make some people uncomfortable, as a personal injury claim may appear to be an attack on a property owner. Indianans should remember that the purpose of insurance coverage is to pay for the expenses of anyone injured in an accident on the covered premises, and family and friends are certainly protected by that coverage. If you or a loved one has been hurt in an accident at a family or social event, seeking legal advice and potential compensation for your losses should not be seen as an adversarial act.

Have You Been Hurt in An Indiana Accident?

If you or a loved one suffered injuries in an accident on public or private property in Indiana, you may be entitled to financial compensation for your loss. The skilled Indiana accident attorneys at Padove Law know how to get insurance companies to cooperate in paying out our clients’ claims. Contact Padove Law today at 219-836-2200 to schedule a free consultation.

Historically, the bystander rule for negligent infliction of emotional distress allowed recovery to those who experienced distress from witnessing a close family member’s sudden and unexpected death by the at-fault party. The Court loosened the rules in 2000, allowing lawsuits if a person observed the injury or death of family or its “gruesome aftermath.”

In this groundbreaking Indiana case, the Court held that the school owed a duty of care to the woman as a parent of a child at their school. The assistant confessed and pleaded guilty; however, the mother did not discover the abuse until after the confession. At which point, the mother suffered emotional distress, which included bouts of anger and the inability to control her emotions.

The Court reasoned that the state’s longstanding rule did not meet the reasonable expectations of many individuals who experience the harrowing consequences of child abuse. Thus, the Court expanded the rule finding that when a caretaker assumes responsibility for a child and owes a duty of care to the child’s parent or guardian, the parent or guardian may proceed with an emotional distress claim. However, the parent or guardian must establish with “irrefutable certainty” that the caretaker committed sexual abuse against the child and that abuse severely impacted the parent’s emotional health.

In this case, the Court found that the mother satisfied all elements of the new exception to the bystander rule. They further explained that the lower Court’s decision to dismiss the case was improper. Ultimately, they remanded the case for further proceedings.

Have You Suffered Emotional Distress Because of Another’s Negligence?

If you or someone you love has experienced emotional distress or other injuries because of another’s negligence, contact Padove Law for assistance. Attorney Padove has spent the last 40 years successfully representing and advocating for Indiana injury victims. As the legal landscape continues to ebb and flow, Attorney Padove consistently relies on his in-depth knowledge of complex personal injury and wrongful death laws to obtain successful results for his clients. He represents clients in all types of accident claims involving Indiana motor vehicle accidents, defective products, dog bites, medical malpractice, nursing home and school abuse, and vehicular accidents. Through his diligent representation, he has secured significant compensation for his clients. Contact Padove Law at 219-836-2200 to schedule a free initial consultation.

Typically, the ITCA, allows injury victims to sue the government if the claim involves injuries from incidents such as medical malpractice from government health care providers, hazardous conditions at government buildings, motor vehicle accidents with government-owned cars, and other damages because of the government’s negligence.

For example, recently, the 7th Circuit issued an opinion stemming from an accident that occurred at a public swimming pond. In that case, a young girl visited a public swimming pond with her family when she ventured to the deep end and drowned. The public swimming pond was cordoned off by zones and monitored by lifeguards. However, despite these precautions, the young girl’s submersion went unnoticed.

The family filed a lawsuit against the municipality, arguing that the government violated her Fourteenth Amendment due process rights. They claimed that the pond was a state-created danger, and the government increased the likelihood of risk. The municipality moved to dismiss the lawsuit arguing that they did not engage in any behavior to increase the danger to the young girl before her drowning. The court ruled in favor of the government and found that the municipality did not create a threat merely because it operated the public swimming pond. Moreover, it held that the government did not engage in any egregious behavior. However, the court did state that a negligence lawsuit based on premises liability may be appropriate in this matter.

Indiana injury victims who suffer injuries, such as the one discussed above, should seek representation from a dedicated attorney to discuss their rights and remedies. In many cases, a government entity may face liability for injuries sustained because of their negligent maintenance of a recreational facility. Claims against the government require strict adherence, and victims should contact an Indiana injury attorney as possible to preserve their claim.

Have You Suffered Injuries in an Indiana Accident?

If you or a loved one has sustained injuries because of an Indiana government employee’s or entity’s negligence, you should contact the Indiana injury law firm of Padove Law. Indiana attorney Burton A. Padove has vast experience handling various types of accident lawsuits, including Indiana car accidents, and other claims against government entities. He also understands the importance of dedicated and zealous advocacy and provides an exceptional level of representation to each of his clients. Attorney Padove has assisted countless Indiana injury victims in getting the compensation they deserve. Compensation in personal injury lawsuits often includes payments for past medical bills, future medical costs, pain and suffering, burial expense, and pain and suffering. Contact Mr. Padove at 219-836-2200 to discuss your case.

According to the court’s opinion, the young man’s family filed a wrongful death lawsuit against the Indiana school district, claiming that the school was responsible because it did not ensure that the young man stayed on school grounds. Reports indicated that the young man was frequently truant, and on the day of the murder, he came to school late and subsequently left through an unsecured exit while school was still in session. It is unclear why the student left school, but there was evidence to suggest that the young man left to engage in unlawful activities. Tragically, he was shot and murdered shortly after he left school.

The family’s lawsuit alleged that the school was responsible for the wrongful death of the young man because they did not adequately supervise the student during school hours. In response, the school district moved to dismiss the claim based on the Indiana Tort Claims Act (ITCA) as well as the doctrine of contributory negligence. The appeals court found that there were issues of material fact regarding whether the student was contributorily negligent in his death.

The Indiana Supreme Court reviewed the case under Indiana’s contributory negligence laws. Generally, the state’s comparative fault law reduces a plaintiff’s award for damages based on their percentage of fault. However, the state’s comparative fault act does not apply to governmental organizations, such as public schools.

In instances where the defendant is a governmental entity, Indiana follows strict contributory negligence laws. Common law contributory negligence bars a plaintiff’s recovery when they bear any responsibility for their injuries. Moreover, the courts apply an adult standard of care to children over 14 years old. In this case, the young man was 16 years old, and there are no facts that indicate that there are any special circumstances that limited his ability to exercise his expected standard of care. The court conceded that there are questions regarding the reason why the student left school; however, some facts indicated that he did not exercise reasonable care. For example, the student engaged in criminal activity the night before he left school, he skipped school without permission, and he had a large amount of unexplained money in his possession. These facts show that he did not conform to his required duty of care for his safety. Ultimately, the court found that under the ITCA, the young man was contributorily negligent, and therefore the court dismissed his estate’s wrongful death claim against the school.

Have You or a Loved One Suffered Injuries Because of Another’s Negligence?

If you or a loved one has suffered injuries as a result of a governmental entity’s negligence, you should contact Padove Law. Indiana personal injury lawyer Burton A. Padove handles all types of personal injury lawsuits. Attorney Padove has extensive experience handling complex Indiana car accident lawsuits, slip and fall claims, as well as other lawsuits. He can help you get the compensation you deserve. If you are successful, you may be entitled to monetary compensation for the injuries you sustained. Contact Attorney Padove to discuss your Indiana personal injury case at 219-836-2200.

Recently, the Indiana Court of Appeals ruled that Indiana’s Child Wrongful Death Statute, Indiana Code 34-23-2-1, allows for attorney fees and litigation expenses. This was an issue of first impression for the court and important to plaintiffs for two reasons:

• When attorney’s fees are awarded in addition to the damages award, it means more money goes directly to the plaintiffs, as opposed to attorneys receiving a cut of that damages award. Generally, attorneys in wrongful death or personal injury lawsuits are paid on a contingency fee basis, taking no money upfront but instead accepting a pre-determined portion of the damages if and when the plaintiff wins. If a defendant is ordered to pay those fees separate and apart from the plaintiff’s damages award, the plaintiff is able to keep the full damages they were awarded.
• Attorneys who have the opportunity to request attorney’s fees upon the conclusion of a hard-fought case are more likely to pursue that matter in the first place.

In the case before the appellate court, the plaintiffs filed civil lawsuits against two defendants following the death of their 13-year-old son, who was electrocuted and killed while swimming at the home of his friends, who had a lease agreement with the manufactured housing community where the incident occurred.

The plaintiffs filed an Indiana wrongful death lawsuit against the homeowners, as well as the company that owned the community.

A settlement was reached between the plaintiffs and the homeowners following mediation. However, the case against the housing community company proceeded to trial, with the defendant naming the homeowners as non-party defendants in the action.

Prior to the beginning of trial, both parties entered into something called an agreed stipulation. This is a formal legal agreement made between opposing parties at trial, which can stipulate certain facts (which therefore need not be argued at trial) or certain terms, regardless of the trial outcome. While they can stipulate to any matter concerning the rights or obligations of the parties, they can’t stipulate as to the validity or constitutionality of a statute or law, which is something that must be determined by the court.

In this case, both sides stipulated that the plaintiffs would receive a minimum of $200,000 and a maximum of $900,000. The defendant provided a check for $200,000 against whatever the later verdict would be (with the understanding that the most that would be paid regardless of the jury’s findings was $900,000). There was a no clawback provision, meaning that $200,000 would be retained by the plaintiffs even if the jurors found a verdict for them was less than that or even $0. They also agreed the trial verdict would be final, with no appeals or motions for a new trial.

The case went to trial, and the jury found for the plaintiffs with a damages amount of $3 million. However, the defendant’s portion of the damages was only 5 percent, meaning the plaintiff was only awarded $150,000 from the defendant. However, they already had $200,000 from the previous stipulation agreement.

After the trial, the plaintiffs filed a motion for an award of attorney’s fees and litigation expenses. The trial court agreed to award both – $60,000 in attorney’s fees and $73,000 in litigation costs – which were added to the $150,000 verdict for a total of $283,000. The $200,000 the plaintiffs had received already would be factored into this, so they would receive an additional $83,000.

The defendant responded with a motion to correct the error regarding attorney’s fees, which was denied. The defendant then appealed, and the plaintiffs filed a motion to enforce the settlement and dismiss the appeal, arguing the stipulation agreement prohibited the appeal. The appellate court denied the plaintiffs’ motions.

On cross-appeal, the plaintiffs argued the stipulation agreement precluded all of the issues the defendant presented on appeal and thus should be dismissed. The court held that the clause in the stipulation agreement didn’t waive an appeal on the issue of attorney’s fees. However, the court also disagreed with the defendant that the child wrongful death statute did not allow for an award of attorney’s fees. The ruling of the trial court was upheld.

Indiana Injury Attorney Burton A. Padove handles personal injury claims throughout northern Indiana, including Highland, Gary and Hammond. Additional Resources: Angel Shores Mobile Home Park Inc. v. Crays, June 20, 2017, Indiana Court of Appeals

More Blog Entries: Jurors Award $745K in Indiana Medical Malpractice Lawsuit, July 5, 2017, Child Wrongful Death Lawyer Blog

This is not to say that fathers aren’t a part of the children’s lives, but the parents are not in a marital relationship. Even if this has no bearing on the relationship parent has with child, it may have implications for the child’s financial stability.

IC 31-14 sets forth laws regarding establishment of paternity, including methods, persons permitted to file, venue and other provisions. IC 31-14-5-3 spells out some of limitations on paternity actions.

Essentially, both parents, if unmarried have three days after the child is born to establish paternity at the hospital via paternity affidavit. If mother is married, husband is presumed to be the father. A man will also be presumed the father if mother has been divorced or widowed less than 10 months. Otherwise, mother or father will have to go through additional administrative steps – and possibly the courts.more

The law says the mother, man alleging to be the child’s father or the state must file a paternity action no later than 2 years after the child is born unless:

• Both mother and father jointly waive the limitation and file jointly;
• Support has been furnished by the father acting on his behalf;
• Father acknowledges in writing he is father;
• Father files petition after mother acknowledges in writing he is child’s biological mother;
• Petitioner was incompetent at time child was born;
• Responding party can’t be served with summons during the two year period.

Even in these situations, the action has to be brought within two years or it is forever lost.

An example of a situation in which paternity rights can be lost by waiting too long to file was recently seen in the case of Bryan M. v. Anne B. This was a matter weighed by the Nebraska Supreme Court, but that state has similar laws regarding limitations on establishment of paternity.

According to court records, a man appealed dismissal of a paternity action by the lower court, brought on behalf of himself and “next friend” of the minor child in question. He sought declaration of paternity and custody of a child who was born 8 years before his action was filed.

In that state, statute of limitations on paternity action is four years. However, he argued the statute should be tolled based on legal doctrines of fraud and equitable estoppel because the mother had made misrepresentations that he was not the father.

Mother was married to another man, and had been since 1999. In five years of marriage, the two tried unsuccessfully to have a child. Plaintiff had been married 25 years and had two children.

In late 2003 and early 2004, mother and plaintiff regularly engaged in an extramarital affair and regularly had sexual intercourse without contraception. Mother also continued relations with her husband.

When mother became pregnant, she ended relationship with plaintiff. Plaintiff repeatedly inquired about whether he was father, but was told he was not. When the child was born in 2004, plaintiff again asked if he was the father and was told no.

Meanwhile, the husband raised the child as his own. Child had only limited contact with plaintiff at meetings that were unplanned. Husband for all intents and purposes was the child’s father.

In 2012, mother and plaintiff resumed their extramarital affair. At that time, plaintiff requested a DNA test to determine whether he was the father. The test showed he was, in fact, the child’s biological father.

But that doesn’t automatically grant legal rights. The following year, plaintiff filed his initial complaint, seeking to establish paternity and custody. In so doing, he alleged the four-year statute of limitations on such actions was unconstitutional, and even if it wasn’t, should be tolled based on mother’s alleged deception.

District court rejected this argument. First, the court found plaintiff hadn’t been deceived, but simply failed to exercise diligence after the child was born. It was also established plaintiff didn’t initially want to be the father because he wanted to salvage his own marriage.

Plaintiff also tried to name himself “next of friend” to child because, while fathers in the state only have four years to establish paternity, someone who is a guardian or “next of friend” to the child can do so anytime before the child’s 18th birthday. (Again, this is just in Nebraska.) However, the court denied him this designation, as the boy lived solely with his biological mother at the time of this action.

The Nebraska Supreme Court upheld this finding.

Those in Indiana exploring the possibility of legally establishing paternity – and all the benefits and implications that come with it – should contact an experienced family law attorney to learn more about your options and obligations.

Indiana Family Law Attorney Burton A. Padove handles divorce and child custody matters throughout northern Indiana, including Gary and Hammond.

Additional Resources:

Bryan M. v. Anne B., Feb. 12, 2016, Nebraska Supreme Court

More Blog Entries:

Gertiser v. Gertiser – Indiana Supreme Court Weighs Spousal Maintenance, Dec. 20, 2016, Gary Child Paternity Lawyer Blog

In fact, a study published tin the September 1, 2015 issue of the Journal of the American Medical Association and cited in a recent Science Daily posting indicates that bicycle injuries during the 15 year period from 1998 through 2013 increased substantially.more

I am listing a number of suggestions for a safer ride. Anything that a bicyclist can do to be more visible to drivers, other riders and pedestrians should help to decrease the likelihood of collisions and injuries.

• Have a front light and back light that blinks and have them on at all times, not only at dawn, dusk, evening or night.
• Wear a helmet, not just any helmet, but a helmet with bright colors. Wear one which is not as likely to blend in with the environment lime green, loud red, orange, yellow to name a few, preferably neon.
• Wear bright-colored clothing including reflective gloves. If you do not have bright clothing or a light-colored jacket, invest in a fluorescent vest, similar to those that construction workers use. You can pick one up for just a few dollars at a local sports or hardware store, or at a minimum use reflective tape on your clothing or jacket.
• Make sure that you have reflectors on the spokes.
• If you do not have lights, don’t ride on cloudy days, night, at sunset or sunrises.
• If you don’t have lights, make sure that you do have reflectors under the seat or if you have a rack, at the end of the rack furthest back from the seat. You should also have front and side reflectors.
• Do not ride against traffic-you are not where a driver is likely to anticipate your presence thus increasing the risk of collision.
• Ride where drivers, other bicyclists and pedestrians expect bicycle traffic such as dedicated bicycle lanes and trails whenever possible.
• If it is raining, think like a driver and use your front and back lights. Don’t forget the yellow rain coat similar to what you wore as a child but with modern materials.
• Equip your bicycle with a bell in good working condition. Indiana requires that all bicycles have bells or audible devices that can be heard for at least 100 feet.

Similar and other suggested actions that may lower incidents of bicycle injuries are listed in a posting from the Center for Disease Control.

Burton A. Padove is located near the Indiana-Illinois border in Highlnd, Indiana and is licensed in both states. He has been practicing law for over 33 years, is an avid cyclist and uses his personal and legal experience in representing bicycle and other injury victims throughout the States of Indiana and Illinois including Lake, LaPorte, Jasper, Newton, Porter and Cook Counties. If you or a loved one have been injured in a bicycle accident or due to a defective bicycle call (219) 836 2200.

“As a father of two, I know the peace of mind this proposed test will give parents,” said Transportation Secretary Anthony Foxx.

Our child injury lawyers in Highland understand that car seats are a child’s best defense against injury and death in the event of a motor vehicle collision. It’s not only critical that parents are selecting the proper seat for their child and that it’s being used correctly, but that manufacturers are making these seats to be as safe as possible. With this new testing system, we’ll be able to know just how safe they are when it comes to side-impact collisions. more With the new test, officials would simulate a side-impact accident, showing how effective these seats are in protecting a child when a vehicle door intrudes and to see how effective they are at minimizing the forces upon the child’s chest and head. Officials with the NHTSA believe that this test is going to be able to save lives and prevent more than 60 child injuries a year.

The new test would simulate a “t-bone” accident. In this scenario, a vehicle that travels at 30 miles per hour would hit into another small passenger vehicle traveling at 15 miles per hour. Research shows that many child deaths and injuries in side-impact crashes involve a car carrying children that is stopped at an intersection, usually at a light or stop sign, when another care decides to accelerate through the intersection.

In addition to the new test, officials will also be introducing a 3-year-old child dummy. Currently, they’re only testing the effectiveness of these seats with a 12-month-old child dummy, according to the Los Angeles Times.

Car seat manufacturers will have roughly 3 years to make any kind of changes needed to meet the proposed requirements.

Without careful installation, these children are subjected to serious injuries and even death in the event of a collision. When you get a new car seat for your child, your urged to read the car seat’s instruction manual, plus the car seat installation portion of of your vehicle’s owner’s manual. Each car seat must be installed using either the lower anchors of the LATCH system or the seat belt in order to secure it in place. If you opt to use a seat belt to install your car seat, pay close attention to how to lock your seat belt in the vehicle owner’s manual. Since every car seat and vehicle will vary, it’s important to follow all the instructions carefully.

Indiana Injury Attorney Burton A. Padove handles car accident claims throughout northern Indiana, including Gary, Hammond and Calumet City. More Blog Entries: Indiana Highway Accident Leaves 3 Dead, Dozens Injured, Indiana Injury and Family Lawyer Blog, January 24, 2014

ATV Accidents in Highland a Risk of Child Injury, Indiana Injury and Family Lawyer Blog, July 13, 2012

Sadly, this is not always true. A recent report indicated that one out of every 14 students this year will suffer some type of unintentional yet temporarily debilitating injury while at or commuting to school. That’s approximately two children per classroom, and runs the gamut of everything from a school bus crash to a concussion during gym.

Another recent study, this one conducted by researchers with the Brown University Alpert Medical School and published in the journal Pediatrics, indicates that some 90,000 children are treated in emergency rooms across the country for violent acts that occur at school. more Our Gary injury lawyers know that these incidents range from a school shooting to bullying incidents. (Those who have lived in Gary for the last decade will recall in March 2001 when a 17-year-old was arrested in connection with a fatal shooting of a 16-year-old fellow student in the parking lot outside Lew Wallace High School.)

Although the latest school violence study points to a decrease in the overall number of intentional school injuries from 2001 through 2010, the decline was slight. Ninety-thousand is a large number, and we should keep in mind too that those only represent cases in which the student sought treatment at an emergency room. The actual cases of school injuries resulting from violence are in reality likely much higher.

Researchers reported that by far the most common type of violence-related school injuries were cuts and bruises. Those accounted for about 40 percent of total intentional injuries. Fractures accounted for about 12 percent. Brain injuries are believed to have been sustained in about 10 percent of those cases and another 7 percent resulted in strains and sprains.

Far and away, the greatest cause of intentional school injury was assault. Surprisingly in most cases, the defendants were identified as individuals who were friends or acquaintances of the victim. In 1 out of every 10 of these incidents, the case involved multiple aggressors ganging up on one child.

Of the nearly 7.4 million school injuries reported during that ten-year time frame, about 740,000 were the result of intentional violence.

Whether a child injury at school is intentional or not may have some bearing on the school district’s culpability, but bringing a lawsuit against a school can be tricky no matter what the basis. Schools, as extensions of the government, enjoy some immunity. What that means in some cases is that schools and their employees can’t be held liable, even when there is clear evidence of negligence.

However, this protection is not without limit, and there are instances in which the negligent actions of school workers or the district may warrant the pursuit of civil compensation. Indiana Code 34-13-3 discusses tort claims against governmental entities and public employees, and the various instances in which sovereign immunity is waived and compensation may be received.

The combined aggregate liability of all government entities and public employees acting within the scope of their employment may not exceed $700,000 for a person’s injury and up to $5 million for a person’s death.

Indiana Injury Lawyer Burton A. Padove is available for consultation throughout Northern Indiana, including Gary, Hammond and Calumet City.

Additional Resources: School violence lands more than 90,000 a year in the ER, study finds, Jan. 13, 2014, By Linda Carroll, NBC News More Blog Entries: Indiana Traffic Safety – The Risk to Pregnant Mothers, Nov. 1, 2014, Gary School Injury Lawyer Blog

Many Halloween-related injuries can be prevented if parents closely supervise school-aged children during trick-or-treat activities.

According to Indiana State Police (ISP), many communities, schools and churches offer children safe alternatives to trick-or-treating designed to keep children safely within parents’ view. Some hospitals and schools allow children to trick-or-treat by going from room to room virtually eliminating the dangers associated with being out walking on the street after dark.

Our Highland injury lawyers understand that each year at Halloween, young children are at greatest risk. Accidents occur, sometimes as a result of strangers, but often through the carelessness of parents. That’s why we’re here, with officials with the ISP to help to ensure that everyone has a safe Hallow’s Eve. more Halloween Costume Safety:

-Avoid theatrical and non-prescribed contact lenses. There are a lot of teens who will attempt to change their eye color to resemble a favorite vampire or zombie. Without proper care, infection could incur.

-Stay away from masks. You don’t want to obstruct your child’s vision. You want to make sure they can see their surroundings and the traffic around them. Opt for face paint instead.

-Make sure all children are equipped with safe and secure shoes. Properly-fitted sneakers are your best bet.

-When selecting a costume, try to make sure that it’s flame-retardant. You also want it to fit properly. Avoid loose ends and other hazards that may contribute to a trip and fall accident.

Halloween Candy Safety:

-Tell children not to accept — and, especially, not to eat–anything that isn’t commercially wrapped.

-Feed Children before heading out. You don’t want them snacking on candy before you’ve inspected each piece.

-Toss out any candy that is homemade or looks questionable.

-Only accept candy from neighbors or neighborhoods you’re familiar with.

Halloween Pedestrian Safety:

-Children under the age of 12 should not be allowed to trick-or-treat without adult supervision.

-Caution youngsters not to drink any beverages offered to them while trick-or-treating.

-Ensure his emergency information (name, number, and address) are somewhere on his clothes or on a bracelet if you’re not going to be with them.

-Pick places where there are sidewalks or paths separated from traffic if possible.

-Stop at the curb and look left, right and left again for traffic.

-Always cross the road at an intersection. You should always use a crosswalk.

-If it’s getting dark, make sure you have a flashlight and reflective materials on your costume to help ensure that drivers can see you.

-Be sure that you review pedestrian safety tips with your kids. Children may get excited on Halloween – or think that the regular rules don’t apply on this holiday. But you want to make certain that they remember all of the normal safety precautions about crossing the street, walking on roads, and looking both ways.

Attorney Burton A. Padove represents accident victims. If you or a loved one has been injured in an accident, call (219) 836-2200 for a free and confidential consultation to discuss your rights. More Blog Entries: Parents Never Notified of Indianapolis School Bus Accident, Indiana Injury and Family Lawyer Blog, October 10, 2013

Educating Children About Safe Walks to School, Indiana Injury and Family Lawyer Blog, August 30, 2013

Some parents of students in the accident claim Indianapolis Public Schools failed to ever notify them of the accident. One parent said that she learned that her son was already in the hospital after she heard from a parent who had passed the accident scene. Another mother said two of her sons were taken to the hospital, but her third son rode home on another bus.

Our child injury lawyers understand that parents and guardians send their children on the bus each day to school expecting them to get to and from class safely. When there’s a problem — we want to know about it. We’re all well aware of the fact that school bus accidents can happen, we just expect the school district to head off the accidents as much as possible by taking the proper precautions, and to get in touch with us if an accident occurs. more According to the National Highway Traffic Safety Administration (NHTSA), there have been more than 1,400 collisions were classified as school transportation-related accidents since 1998. In these accidents, close to 1,600 people were killed. That’s an average of about 142 fatalities a year. Most of the lives that were lost were the occupants of the other vehicles involved (more than 70 percent). Bicyclists, pedestrians and other nonoccupants accounted for another 20 percent. Those within the school transportation vehicles accounted for about 10 percent of the fatalities.

Since 1998, there have been close to 140 school-age pedestrians (under the age of 19) killed in school transportation-related accidents. Close to 70 percent were killed by school buses and another 7 percent were killed by vehicles functioning as school buses. About half of these victims were between the ages of 5 and 7.

It’s not only important that the school district hire competent, safe drivers, it’s also critical that other motorists travel safely and responsibly around these big, yellow buses. State law requires motorists to stop when a school bus is picking up or dropping off children. Watch for school buses with their stop arm extended and red lights flashing, which means STOP, not proceed with caution, according to the Indiana State Police.

When your child is riding on a school bus, it’s important that they know how to act. It’s important for them to behave so that the driver’s attention can remain on the road. Make sure they sit quietly and keep out of the aisles. It’s also important that they keep their belongings out of the aisle, too.

With cooperation from students, from bus drivers and from other motorists, we can help to ensure that our kids get to and from school safely each and every day.

Attorney Burton A. Padove represents those who have been injured in Highland and elsewhere. If you or someone you love has been injured or killed in an accident, call (219) 836 2200. More Blog Entries: Educating Children About Safe Walks to School, Indiana Injury and Family Lawyer Blog, August 30, 2013

Rising Highland Temps Increasing Risks for Child Heatstroke, Indiana Injury and Family Lawyer Blog, June 10, 2013

Our Highland child injury lawyers understand that oftentimes children don’t understand all of the dangerous associated with walking near traffic. This is why it’s imperative for parents to step up and to address pedestrian safety. In 2010, nearly one in every five children between the ages of 5 and 9 who were killed in traffic crashes was a pedestrian, according to the Centers for Disease Control and Prevention (CDC).

Unintentional pedestrian injuries are the second leading cause of death in the United States for children between 5- and 14-years-old. Teenagers are also at greatest risk. Teenagers have a death rate twice that of younger children and account for half of all child pedestrian injuries in the past five years.

Before the big first day, share these safety tips with the young pedestrians in your family:

-Talk with your children about how to be safe while walking.

-Make sure you plan out a route for your child to take to and from school. This route should be along less-traveled roadways and it should be equipped with sidewalks as well as safe intersections.

-It’s always best to walk on sidewalks or paths. If there are no sidewalks, walk facing traffic as far to the left as possible.

-Make sure that children always cross at an intersection. Accidents are more likely to happen at non-intersection areas.

-Before children step onto the pavement, teach them to look left and right for oncoming traffic. Teach them to keep looking left and right as they cross the road for any surprise dangers.

-Make sure your child crosses the road with their headphones off. Pedestrians can use their hearing to help to avoid an accident.

-Try to make eye contact with drivers when crossing the road. Just because you can see them, doesn’t always mean they can see you.

-If a child needs to use a cell phone, make sure they know to come to a complete stop on the side of the road before using it.

-Have your child walk with a group of kids from the neighborhood who go to the same school. Safety in numbers largely applies to pedestrians.

-Get out there and walk with them before the big day. Show your children how to walk safely. more Attorney Burton A. Padove represents traffic accident victims. If you or a loved one has been injured in an accident, call (219) 836-2200 for a free and confidential consultation to discuss your rights. More Blog Entries: Increase in Intoxicated Pedestrian Accidents in Focus, Indiana Injury and Family Lawyer Blog, August 10, 2013 Speed: A Deadly Factor in Indiana Teen Driving Accidents, Indiana Injury and Family Lawyer Blog, July 30, 2013

Our Highland accident attorneys understand that these kinds of accidents can happen to anyone — even the most loving and conscientious parents. We also understand that we’re seeing temperatures in the 80s during this time of year, which serves up some serious risks. Consider this a reminder to be alert and aware when exiting your vehicle to help ensure that one of these incidents doesn’t happen to you.

Within these eight fatalities recorded around the nation for 2013, seven of them happened in the month of May, which is usually when we see a spike in these numbers.

“It has everything to do with our brains letting us down at the worst possible moment,” said Janette Fennell with KidsAndCars.org.

Since 1998, there have been more than 565 children killed after being left in a vehicle in the U.S. On average, about 38 children are killed in these kinds of accidents each and every year. The risks for these incidents typically start to rise in May, which then we see an average of about four fatalities a month.

More than half of heatstroke deaths occurred when a distracted caregiver forgot a quiet child was in the vehicle.

But there are things that you can do to help to prevent these kinds of accidents:

-Make sure you check your entire vehicle before getting out and locking it up. Set something in the front seat, like a teddy bear or a picture, to help to remind you to do this.

-Consider keeping something important, like a purse or a wallet, in the backseat. This is going to help to force you to go into the back seat before leaving your vehicle.

-Teach your children that cars are not play areas. Never allow a child to play near a vehicle unattended.

-Talk with friends, family members, babysitters and other caregivers about these safety tips.

-Never leave your child alone in a vehicle for any amount of time, not matter how short it is. Never leave them in the vehicle even if you’re only “running in for a minute.” The temperature inside the vehicle can reach deadly levels in just 10 minutes.

-If you see a child that is alone in a vehicle, call 9-1-1 immediately. Try to get the child out as quickly as you can. Then undress them and lay them down in a cool area. If you’re outside in the sun, find some shade, but if at all possible, move him into a cool room. more Attorney Burton A. Padove represents those who have been injured in Highland and elsewhere. If you or someone you love has been injured or killed in an accident, call (219) 836 2200. More Blog Entries: Highland School Accidents: National Bus Safety Week 2012!, Indiana Injury and Family Lawyer Blog, October 20, 2012 ATV Accidents in Highland a Risk of Child Injury, Indiana Injury and Family Lawyer Blog, July 13, 2012

Our Highland injury attorneys understand that there were nearly 10 kids who were killed in school bus accidents in the country last year. That may not seem like a lot, but when you figure the number of kids who were injured in these accidents, the risk is significant. One of the most dangerous times during a child’s journey to and from school is getting to and from the bus stop. During this week-long safety campaign, parents, teachers and friends are asked to talk with their kids about the importance of getting to and from the bus stop safely. It’s important that we teach our kids how to be safe when getting on and getting off of the bus as well.

Kids are always urged to wear a helmet when riding a bike and to wear a seat belt when riding in your car, so you might be a little bit surprised to learn that there are no seat belts on school buses. Every time a bus accident makes it into the news, the controversy over these requirements, or lack thereof, is brought back to the forefront. The truth of the matter is that conventional school buses are already designed in a way that purports to meet a different federal safety standard, permitting the lack of lap belts.

It’s works under the theory of compartmentalization. We’re talking about the thickly-padded seats that are placed close together and the high backs that they have on them. What this design does is creates a compartment meant to protect passengers in a collision.

But it’s when these kids are walking to and from the bus stop and when they’re waiting for their bus to arrive that we worry the most. These kids are alarmingly close to passing traffic. Talk with your child about the following safety tips to make sure they get to and from their bus stop safely each and every day.

Bus Stop Safety Tips:

-Never allow kids under the age of 10 to walk to the bus alone.

-Always make sure older kids are walking to the bus in pairs or groups, never alone.

-Make sure kids never walk near traffic. Use a sidewalk when one is available.

-Never approach a bus before making eye contact with the driver.

-Look at the driver before crossing the road.

-Never cross the street behind the bus.

-Wait for the bus at least 5 giant steps away from the road.

-Always hold the handrail when getting on and off the bus. more Attorney Burton A. Padove represents child injury victims. If you or your child has been injured in an accident, call (219) 836 2200 for a free and confidential consultation to discuss your rights. More Blog Entries: ATV Accidents in Highland a Risk of Child Injury, Indiana Injury and Family Lawyer Blog, July 13, 2012 Child Injury in Indiana a Threat with Bumbo Seat, Indiana Injury and Family Lawyer Blog, February 25, 2012

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! more Attorney Burton A. Padove represents those who have been the victims of ATV accidents in Highland and elsewhere. If you or someone you love has been injured or killed in an accident, call (219) 836 2200.

More Blog Entries: Child Injury in Indiana a Threat with Bumbo Seat, Indiana Injury and Family Lawyer Blog, February 25, 2012

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. more Attorney Burton A. Padove represents child injury victims in Indiana and Illinois including Lake, Jasper, Newton, Porter and Cook Counties. If you or your child has been injured by a Bumbo seat, call (219) 836 2200.

Additional Resources:

Should Bumbo baby seat be recalled again? By Jayne O’Donnell, USA TODAY

More Blog Entries:

INDOT Joins International Walk to School Day to Raise Awareness about Pedestrian Accidents in Indiana

“The most precious thing we have as parents is our children. We want to make sure that when our children go to school…they arrive at school safely,” said Sgt. Steve Whitaker with Indiana State Police.Our Highland personal injury lawyers understand the dangers that pedestrians face on our roadways. These risks are greatly increased when the pedestrian is a young child. Young children don’t fully understand the workings, patterns and dangers of passing traffic. We ask that all motorists be extreme cautious during the school year to help keep our young ones safe.

Here are some safety tips, from the National Safety Council, for your child that is walking to school this school year:

-Remind you child to always use a sidewalk if one is available.

-If there is no sidewalk for your child to walk on, make sure that they know to always walk facing traffic.

-Remind them that they should always cross the street at an intersection or at a street corner.

-Always accompany children that are 10-years-old or younger on their walk to school.

-Make sure that your child knows to look both ways for oncoming cars before stepping into the road to cross the street.

-Make sure that they continue to look left and right as they’re crossing the road.

-Require that your child walks across the road. Never allow them to run. Running makes them more likely to trip and fall in the path of traffic.

Students that ride a bike to school need to be cautious as well. Parents are urged to talk to their young students about the following bicycle safety tips:

-Make sure your child always wears a helmet.

-Check to see if their helmet fits correctly. You should only be able to fit the width of two fingers between their eyebrows and their helmet.

-Make sure that your child is familiar with the bicycle laws in your area.

-Require that they always bike on the right side of road. Multiple bikers should always ride together in a single file-line traveling in the same direction as traffic.

-Bike riders should come to a complete stop before crossing the road.

-Bicyclists should not cross the street until they’ve received an okay from stopped motorists.

-Make sure your child is wearing brightly colored clothing so motorists are more likely to see them.

-Ride with your child if they’ll be traveling before the sun rises or after it sets.

-Make sure your child’s bike has lights and reflectors.

-Practice bike riding with your child so they’re more experienced and knowledgeable when they hit the road alone.

According to the National Highway Traffic Safety Administration, traffic accidents are the number one cause of death for children between the ages of 3 and 16. This cause of death accounts for approximately 20 percent of fatalities of young ones ages 5- to 9-years-old. Your child is most likely to be involved in an accident with a motor vehicle mid-block and within residential neighborhoods. Talk with your child and make sure they understand the importance of safe travel habits. Again, we wish everyone a safe and happy school year! more Attorney Burton A. Padove represents car accident victims throughout Indiana and Illinois including Lake, Jasper, Newton, Porter and Cook Counties. If you or a loved one has been involved in an accident, call (219) 836 2200. More Blog Entries: NO TEXT AND DRIVING INDIANA ALERT, Indiana Injury And Family Lawyer Blog, July 1, 2011 Bike Injury and the Law, Indiana Injury And Family Lawyer Blog, March 28, 2010

Bike risks relate to both children and adults. Twelve thousand children and twenty six thousand people between the ages of 16 and 54 were injured on bikes in 2007. One of the problems associated with the risk of a bike injury is that people may not be aware of such risks. Bike helmet companies tout the benefits of strong lightweight fiberglass or carbon fiber shells, UV protection, ventilation systems, and antibacterial fabric, but the risk of injury from a hard hit may not be disclosed. Bicycle companies offer heavy duty light weight frames, top end rims and axles, street and dirt worthy tires as well as cranks and rotors for power, speed and high performance. Yet, the risks such as the bicycle’s quick release mechanism inadvertently discharging, should support every biker being more aware of the risks associated with a bicycle.

Laws About Bicycles and Bike Helmets

Lawyers investigate injuries that occur because of bike helmets and bicycles to identify if a manufacturer should be held responsible for the injury. If a bike manufacturer is found liable for the injury, then a lawsuit may be filed against the bike manufacturer. Reasons for bike manufacturers to be sued include, but are not limited to:

• Bike manufacturer failed to warn an injured person of the risk associated with the helmet or bicycle.
• Bike manufacturer failed to design the product through a safer alternative that was reasonably available to the bike manufacturer.
• Bike manufacturer produced a defective bicycle part or bike helmet that caused injury or death to a victim.

Know Your Risks

Bike helmet recalls totaled over one half million helmets from 2005 to 2007 because the helmet failed to meet CPSC impact standards. In the most recent year, there have been more than ten bicycle recalls due to a variety of risks, including: fall hazards from defective tree stands, loss of steering control from defective bike parts, defective bike forks and frames that create crash hazards, defective tires that may sheer causing injury and defective tire release mechanisms that may inadvertently release while riding.

If you or a loved one has been seriously injured because of a bicycle, contact Burton Padove for a free consultation at 219-836-2200.