Bloomington Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Apartment Pool Drowning a Horrible Tragedy

Fred Schultz — Mon, 17 Aug 2009 11:55:50 GMT

It broke my heart to see that a 4 year old boy drowned in the pool at the Bachelor Heights apartment complex. I have a five year old son and simply cannot imagine, and don't want to even pretend to image, the pain his family is suffering.

Pools are a lot of fun in the summer, but they are also very dangerous. There is a good reason why homeowners insurance premiums can go sky-high when people have pools. As we all know, kids are curious, and the younger they are, the less they are able to appeciate danger.

A 4-year-old boy drowned Sunday in an apartment swimming pool just south of Bloomington.
The drowning happened at the Batchelor Heights pool, on West Gordon Pike, about 4:30 p.m., Monroe County coroner Nicole Meyer said.

Most apartments and hotels that have pools do not provide lifeguards, and often post signs that warn people. Many times the owners of the property think that this warning somehow eleviates them of any liability in the future. This is not the case, especially in a situation like this where you have a child that is incapable of appreciating the danger.

Property owners, whether commercial, apartment owners, or homeowners, who choose to have pools also have a duty under Indiana law to take reasonable steps to secure their property (including the pool) to make the premises safe. What is "reasonable" depends on the circumstances in each case.

Basically, the law recognizes that each situation may be a little different. What is "reasonable" for a homeowner to do may be different than what is "reasonable" for an apartment complex. It's not reasonable for a homeowner to have a lifeguard on duty, but it is reasonable to expect the homeowner to have a fence. Whether its reasonable to expect a commercial property to have a lifeguard or attendant also varies. For example, how often the pool is used, how many people have access to the pool, does the property charge admission to the pool, etc.

Much more needs to be known before anyone can assess blame in this situation, and the article in the paper references that the Sheriff's Department will be reviewing security camera footage. What is clear is that this a terribly sad story.

Originally posted at InjuryBoard by Fred Schultz

ATV Crash Reminder of Need for Safety

Fred Schultz — Thu, 09 Jul 2009 16:41:03 GMT

Southern Indiana is full of ATV's. I grew up in the country, and often drove one, myself, when I was younger. However, today's news that three 12 year old boys were injured while all riding on the same ATV is a sober reminder of how dangerous these vehicles can be.

According to the Greene County Sheriff’s Department, the 2002 Polaris Sportsman 400 was driven by Alec M. Johnson of Linton. He lost control while traveling east on County Road 400 South, between county roads 700 and 800 West. The ATV left the south edge of the gravel road in Washington Township and hit the pole. All three boys were thrown from the open vehicle.

Apparently, all three boys were riding on the same ATV, and none of them were wearing helmets. Two of them had to be flown to Methodist Hospital in Indianapolis for treatment of serious injuries.

I sincerely appreciate the draw that young boys feel towards ATV's. They can be incredibly fun. However, they are also very dangerous. ATV's can travel at a high rate of speed, are generally driven off-road over uneven terrain, and provide no more bodily protection than a motorcycle. Because of all this, it is very important to be properly trained on one before riding it.

A lot of information about ATV safety is available online. One site with good information is the ATV Safety Institute, or ASI. Parents and their children can register for online safety courses and download useful information about ATV safety. Also, the site has very good "food for thought" for parents to consider BEFORE allowing their children to ride ATVs.

Learning about ATV safety is important for the obvious reason that its best to avoid accidents and injuries before they happen. It's also important for parents to understand that they can be held legally responsible for harm caused to another person's child who is allowed to ride an ATV on their property. Parents assume a duty to properly supervise other people's children when they come over to their house. This includes a duty to properly supervise children if they ride ATV's. Claims can be made against the parents' homeowners insurance, farm policies, or against them personally if there is not is not enough insurance coverage.

I truly hope that the boys mentioned in the newspaper have a speedy recovery.

Originally posted at InjuryBoard by Fred Schultz

Home Safety Very Important

Fred Schultz — Sun, 20 Jul 2008 17:32:54 GMT

I recently read in the paper a tragic story about a boy who died when a garage door that was propped up by a board fell and pinned the boy underneath. Apparently, when the board gave way the garage door fell onto his neck. He suffocated before he could be found by other family members and rescued.

"A police spokesman said Terry Lee Barnett was tinkering with an electric car when the two-by-four dislodged about 11 a.m. Thursday and he became pinned under the door."

The report by the police states that the owners of the house knew that the garage door's spring mechanism wasn't working, and that the door was prone to falling. The boy was rushed to Riley Hospital, but it was too late.

Indiana law regarding premises liability holds that owners of property who know, or by exercise of reasonable care would find out about dangerous conditions on the property, can be held responsible for harm caused to another person by the dangerous condition. Dangerous conditions on property can take many shapes. For example, people can slip on ice in the winter, fall into holes covered up by flooring or carpeting, or be electrocuted by faulty wiring. The bottom line is that if a person is invited onto another person's property and is injured by a condition on the property that the owner knew or should have known to be dangerous, then the injured person is allowed to seek compensation for their injuries from the owner of the property.

Clearly, in this tragic case, it would have been far better to fix the garage door than to leave it unrepaired. The death of a young child is always tragic. The death of a young child that could have been easily avoided by simply fixing a garage door is unimaginable.

Remember, it is always better to take reasonable precautions and fix a dangerous condition than to leave it to chance. The bottom line is that none of us should take short cuts when it comes to safety.

Originally posted at InjuryBoard by Fred Schultz