Archive for the ‘Indiana Slip and Fall Claims’ Category

SOMETIMES IT TAKES A LAWSUIT TO GET THINGS DONE

Tuesday, December 11th, 2012

Although no one favors more lawsuits, there are times when only a lawsuit will provide the necessary motivation for a corporation or governmental entity to do the right thing.

A case is point is a lawsuit that I recently concluded against an aquatic center in Plainfield, Indiana for injuries that a client suffered when he fell onto a short narrow concrete wall that separated two areas of an indoor pool.  One area of the pool was only a few inches deep and was designed for small children.   However, the pool area on the opposite side of this wall was 4 feet deep, and there were no signs that warned of this abrupt change in depth.

As my adult client had never been to this pool before, he did not realize that there was such a significant difference in depth between these two areas and stepped over this short narrow wall.  Because one foot couldn’t touch bottom, he fell onto this wall sustaining what is known as a straddle type injury.  As a consequence, my client sustained a severe injury to his urethra that prevented him from urinating.  As this medical condition could eventually cause a bladder rupture, my client had to undergo a complicated surgery to reconstruct his urethra.

While accidents can happen even with the best of care, what I found disturbing regarding this case was that there had been two other significant injuries that had occurred before my client’s fall when someone attempted to step over the narrow wall from the shallow pool area into the adjacent deeper pool area, and yet no corrective action had been taken by the aquatic center to investigate these incidents and consider corrective action — until a lawsuit was filed in my client’s case.

I also discovered during this lawsuit that Indiana state public pool safety regulations actually do require the presence of a physical barrier between these two pool areas to prevent the exact type of injury that my client suffered.  Somehow, the management of this aquatic center had overlooked the requirements of this law. However, after this lawsuit, a proper rope barrier was erected that should prevent this type of pool accident from ever happening again.

So why did it take a lawsuit to make the aquatic center take these corrective changes despite two other people being hurt in the same way as my client?  Perhaps the reason is that neither of the two other individuals made a legal claim for their injuries.  Consequently, those prior pool accidents cost the aquatic center nothing, other than the time to fill out a two page accident report.

However, my client’s lawsuit resulted in a settlement of $122,500 plus some negative publicity from a local newspaper that wrote an article about the settlement.  Perhaps the old saying is true that “pain can be an excellent teacher.”
If you are seeking compensation after an accident that resulted in a serious injury, contact James Ludlow, Attorney at Law toll-free at (877) 897-9466.

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Meniscus Tears—A Common Knee Injury In Winter Weather in Indiana

Monday, February 14th, 2011

A favorite verse of mine from the Old Testament is Psalm 139:14 which notes that we as human beings are “fearfully and wonderfully made.”  However, despite its amazing design, there are areas of our bodies that are vulnerable to certain types of injuries.  One is an injury to the knee known as a meniscus tear, which unfortunately is a common injury in winter weather.

The meniscus is a pad of tough fibrous tissue in the knee that separates the femur or thighbone from the tibia or lower part of the leg.  The purpose of the meniscus is thought to act as a type of shock absorber as we walk or run, and in combination with ligaments in the knee, enables us to turn and pivot.

However, the meniscus is susceptible to injury when a person slips and falls, thus causing a twisting motion of the knee. This type of twisting motion while weight bearing can cause the meniscus to tear.  In adverse winter weather, many people will experience this type of injury because of an icy parking lot or sidewalk.  This type of injury is also common when a person falls and twists their knee because of water or other slippery substance on a tile floor.

Symptoms of a meniscus tear include pain and swelling of the knee, along with a catching or locking sensation when the leg is extended.  There may also be a sensation that the leg is going to give way when standing or walking.  Not all of these symptoms may be immediately experienced, but may develop in the days or weeks after a fall.

Treatment of a meniscus tear typically consists first of physical therapy, applying ice to the knee, and taking anti-inflammatory medications.  If this treatment does not improve a person’s symptoms, then the next step is usually an arthroscopic knee surgery called a partial meniscectomy in which the torn portion of the meniscus is surgically removed.  Although this surgery usually relieves a person’s pain, removing a portion of the meniscus may predispose the knee to arthritic changes, as well as to further tearing of the meniscus in the future.

If you or a loved one has suffered a knee injury in a fall or auto accident, it is important to have an experienced Indianapolis slip and fall attorney who has a through understanding of your injury and its long-term consequences.  Feel free to give me a call for a free consultation regarding your claim.

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Legal Responsibilities Of An Indiana Property Owner In Winter Weather

Wednesday, February 9th, 2011

During the recent awful winter weather that we’ve been experiencing here in Indiana, I have received many phone calls from individuals who have fallen on ice or snow while at a gas station, apartment complex, or other business and sustained an injury. As many of these individuals had significant injuries such as a broken arm or leg, they were calling me to find out what legal responsibility the property owner may have for their fall and resulting injury.

Under Indiana law, all property owners who invite individuals upon their property for business purposes owe these individuals a duty of reasonable care for their safety. As a practical matter, this means doing something to make the property reasonably safe for winter weather conditions, such as shoveling snow off a sidewalk, plowing a parking lot, and spreading salt or ice melting chemical or some abrasive material such as sand that improves traction for customers who are trying to make their way to or from the business. If the property owner has taken these steps, they likely have met the standard of reasonable care that the law requires.

On the other hand, if the property owner does nothing or does a poor job of clearing ice or snow, they may be legally liable for the injuries of someone who falls.

As every case depends on the facts, if a fall does occur, be sure to report the fall right away to the property’s manager or owner and request that a written report be made. It is also wise is to take pictures of the property where the fall occurred as soon as possible, as photographs taken shortly after an incident can be very helpful in proving whether the property was in a reasonably safe condition at the time. Although most people don’t carry a camera, many cell phones have good quality cameras. Moreover, most cell phones will automatically record the date and time that a photo was taken.

If you or a loved one have experienced a serious injury from a fall, give me a call for a free consultation to discuss whether you have a viable legal claim.  As an Indiana personal injury attorney, I offer free consultations with no obligation whatsoever. My law firm works on a contingency-fee basis, and I don’t get paid unless I obtain a successful recovery for you.

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