Welcome to HurstInjuryLaw.com, the personal blog of William W. Hurst, Attorney at Law in Indianapolis. This is where Bill will post his research notes, case studies, and legal news for public viewing. Feel free to browse the site and use any content you find for your own blogs so long as you properly cite our site. For information on Bill's legal practice, please visit his business website at BillHurst.com.

Category: Indiana News Articles


           November 2, 2011 at the State Fair in Louisiana a 3 year old boy suffered serious critical injuries when a kiddie ride accidentally started while the ride operator was unloading passengers.  The child was left pinned for 20 minutes while workers used the jaw of life to free him.  He was seriously injured. http://www.coaster-net.com/news/1643-accidents-at-the-louisiana-state-fair/  October 31, 2011 there was a collision between two monorails at the Disney resort in Florida.  The accident and injuries to the occupants was caused by the failure of the monorail manager to verify the position of a switch.  There were several serious personal injuries

          On October 24, 2011 a 31 year old woman suffered a fatal fall from a tiptop ride in Dublin Ireland.  She was ejected from her bucket seat and landed on the metal steps leading to the platform. She died instantly.  August 30, 2011 at Bottoms Amusement Park in Berkshire, England, an amusement park ride called a Surf Rider malfunctioned and left seven riders hospitalized.  A gondola attached to one end of the arm remained horizontal throughout the ride keeping the passengers upright and the gondola crashed in a vertical position.  Firefighters had to use a hydraulic platform and ropes to extract all 22 riders who were trapped and injured. Many of these accidents and those mentioned above have been catalogued by RideAccidents.com, which is a non-profit research and education site which focus on Amusement Park Safety.

          The list of amusement park accidents around the world is lengthy.  The site has been established to bring awareness to the risks associated with rides.  A similar site reviews accidents and causations at www.amusementsafety.org\safety_news_11.asp.         Families around the world find amusement parks a favorite destination year round.   The public relies upon the parks and fairs to ensure the rides are safe for the public.  Behind the scenes there are several organizations that also work to provide safe and enjoyable visits for guests at the amusement parks.  There are State laws that require the states to certified rides and provide inspectors  to police the facilities.  The International Association of Amusement Parks and Attractions (IAAPA) and the National Safety Council (NSC) have worked together to establish a nationwide amusement ride injury reporting system for all facilities that have permanent amusement rides in the United States.  These organizations have; for example (in 2009) determined there were approximately  280,000,000 guests in U.S. amusement park facilities and enjoyed 1.7 billion rides.  Only 65 of these personal injuries were reported as serious.  http://www.iaapa.org/pressroom/AmusementRideInjuryStatistics.asp

The Consumer Product Safety Commission also tracks injuries related to amusement rides.  They have established charts and tables summarizing ride related injuries for the years 1997 to 2006 which include the victim’s age and medical diagnosis as well as a description of the incident.  In 2006 this organization estimated that amusement rides caused 8,800 injuries  and most of these involved “gokarts”. 

 http://www.saferparks.org/safety/injuries/us_injury_statistics.php        

 Although the statistical odds of injury apparently are low the consequences of an accident can be catastrophic, including death.  Some amusement experiences are more risky than others.  Consumers should be very careful in choosing rides particularly for children.  If the ride simply looks poorly maintained or the operator appears distracted or the child is not well restrained, don’t allow the child to board the ride.  Clearly those seeking to enjoy an amusement park ride or involve their children in a ride can significantly reduce the risk of injury to themselves and other riders by simply paying attention and following the rules and not “horsing around”.  One must be realistic and use common sense when choosing rides for small children; and if you or your child have a condition, limitation, or disability you need to take the time to really consider whether the amusement ride is worth it. 

          Here are 10 tips to making your day at the amusement park safer  for your children:

1.      Be aware of the safety equipment limitations.  Ride manufacturers provide seat belts, lap bars, and other safety equipment to reduce the risk of injury.  However, many safety devices used on children’s amusement rides often aren’t well designed to keep young children in their seats.  You should not rely on lap bars and seat belts to restrain children!  Solid metal lap bars only fit closely against the largest passenger in the car often leaving young children with room to slide around and out.  Shockingly, there are no mandatory federal standards for the design of amusement rides and their safety devices.  Amusement rides are neither childproof nor often child-safe!  Watch the children using amusement rides before you decide to put your child  on the ride to see how they get along and are protected.  After  observation, use your common sense judgment to determine if the ride is safe for your children.  Do not rely on a ride attendant’s representative that the ride is safe for your child.  Judge for yourself!  If you have any doubt, Don’t ride.  http://www.saferparks.org/faq/

2.      Discuss the ride with your child.  Read warnings out loud to your child and discuss each warning.  Tell your child that even if the ride  stops, he/she can not attempt to get off the rude until the ride attendant says it is time.  Tell to your child that if the ride gets scary, do not attempt to get off no matter what is happening.  It is too dangersous.  Explain that rides might seem scary, but they are safe as long as the riders stay seated and  keep their hands, and hold on tight.  Let your child know how to “behave” and set a good “example”.   

3.      Always obey height, age, and weight restrictions. If your child does not meet the necessary requirements, do not attempt to “sneak” them on the ride.  These restrictions are there for a reason!  The  manufacturer of the amusement ride take into account the forces exerted by the ride and the maturity required to ride safely.  A child who does not meet the ride requirements may not be physically or mentally able to stay safety seated.  Also keep in mind that  manufacturers base their guidelines on height/weight ratios of children based on the average child.  So for example, children who are tall for their age may not be mentally ready for a certain ride.    The bottom line is if you cannot count on your child to stay seated with hands and feet inside, don’t let your child on the ride! 

4.      Don’t put children on rides that could scare them.  Most children who get scared try to “run” and may try to “get off” the ride.  Children are hurt every year becoming afraid and try to exit a ride while it is still moving.  Don’t put a crying child on a ride.  Ared child will get hurt more often than those who are calm. 

5.      Follow any special instructions about seating procedures.  Spinning rides sometimes require that smaller riders sit on the inside (closest to the center pole) to avoid being “smashed” by the bigger riders as the spinning force increases.  Thus, small children should be seated away from open sides.  If you ignore these instructions and reposition your child after the child has been seated , you may be endangering your children. 

6.      Never seat your child in your lap on rides.  If your child is on your lap and the safety bar is above the child’s lap, that position could cause the bar or belt to put too much pressure on your child’s small body.  If the ride doesn’t have restraints and the ride takes an unexpected turn, your child could slip out of your hands and out of the ride. 

7.      Stay out of the sun.  Statistics show that heatstroke and exhaustion out number all other injuries put together.  Stay hydrated and remember alcohol dehydrates. Use sunblock and wear comfortable shoes. 

8.      Teach your kids what to do if they get separated from you.  Have each child wear an ID (such as an ID bracelet, or personalized tag) that includes your cell number so that a security can call with the location of your child if lost.  Play the “What if…” game with your children so they know to stop a security guard if they get separated.  If you can afford it, consider a child locator or tracking device. 

9.      Don’t Over Do It:  If you have eaten a large meal or consumed alcohol, you should consider waiting an hour before riding a ride that spins.  Otherwise, you may not only feel sick, but also have an “bad”  experience.  Most people do better at amusement parks eating and drinking small amounts (plus lots of water) throughout the day. 

10.    Focus on your children: Do not leave your children on their own while you play games and ride rides. If your children are old enough to be on their own you should stay in contact by meeting at designated places and times to see how and what they are doing.  You should have fun but be responsible.  Pace yourself. 

The foregoing is found in The Safety Report – Summer 2011, Vol. 2, Ed. 3. P. 16-19 and Child Safety Techniques to prevent  Amusement Park Injuries at http://www.saferparks.org/pdf/child_safety_guidelines.pdf       

  These tips can be reviewed along with other suggestions at

           www.themeparkinsider.com/safety

 At least 44 States have regulations requiring inspection and safety enforcement.  In Indiana see: http://www.in.gov/legislative/iac/T06850/A00010.PDF?

          For other states see http://amusementsafety.org/states_beta.asp. The U. S. Consumer producer Safety Commission is authorized to investigate accidents and work with manufacturers to correct defects in carnival rides.  The State and Federal government are responsible for safety for rides in the United States.  Full burden regulatory saftey for permanent rides fall to the State government.  www.saferparks.org/regularion/

          We have successfully represented clients injured at amusement parks, carnivals, and fairs.  If you or a member of your family has been injured in an amusement park fall or carnival contact the Law Office of William (Bill) Hurst for a free consultation.  We would be happy to talk to you for free.  You may call us at (800) 636-0808 and see our website at www.BillHurst.com.  We do not charge a fee unless we win your case. 

www.indianapolisabogado.com

In deciding two matters of first impression, the Indiana Supreme Court recently held that a trampoline may constitute an attractive nuisance and that a parent/landowner may be liable for injuries of a minor sustained on the parent/landowner’s property, when the parent/landowner’s minor child invites the other minor onto the property.  Click here to read the Indiana Supreme Court’s opinion in Kopczynski v. Barger.

In Kopczynski, a 12 year old girl was invited by her neighbor’s minor child to jump on a trampoline in the neighbor’s back yard and subsequently injured her knee while on the trampoline.  The trampoline was located in an unenclosed area behind the neighbor’s house and the children were jumping on the trampoline without adult supervision.

The trial court granted the parent/landowner’s motion for summary judgment on the injured girl’s claim for liability under the attractive nuisance doctrine and premises liability, determining that the girl was a trespasser and that the attractive nuisance doctrine was not applicable.  The Indiana Court of Appeals affirmed the trial court’s determination.

The Indiana Supreme Court reversed the trial court’s grant of summary judgment, holding that there is a genuine issue of material fact as to whether the injured girl was an invitee on the property, opposed to a trespasser.  Additionally, the Court used expert testimony that stated unenclosed trampolines on private property “are particularly attractive to children,” that knee injuries are a common result of trampoline use and additional testimony stating the injured girl was not warned of the dangers of the trampoline in determining that a genuine issue of material fact existed as to whether the trampoline in this case constituted an attractive nuisance.

At Mitchell Hurst Dick & McNelis, LLC we recommend that you check in the community, family, friends, attorneys, judges and insurance adjustors regarding our reputation for representing persons injured in accidents.

If you have a child in your family who was injured on a neighbor’s property on some type of playground equipment, swimming pool, trampoline or something of this nature you should contact an experienced attorney.  Our office will see you for free and we will only charge if we win your case.  Contact William W. Hurst at 317-636-0808 or see our websites at www.billhurst.com or www.indianapolisabogado.com.

On Saturday, August 13, 2011, a strong wind toppled the a massive rigging and lighting system covering the Indiana State Fair stage causing it to fall onto the crowd at the Sugarland Concert, killing five people and injuring several men, women and children.  Many of the injured remain hospitalized Sunday,  some with life-threatening injuries.  See video of the collapse http://www.msnbc.msn.com/id/44133994/ns/us_news-life?gt1=4

The Fair was cancelled Sunday as officials begin the process of determining what happened and respond to questions raised about whether the tragedy could have been prevented.  While Governor Mitch Daniels was “defensive” in his statement that he believed that this was a random act of Mother Nature, a sudden powerful wind gust, that he does not see how anyone could have foreseen.  Others question whether State Fair officials and State Police didn’t take this weather warning more seriously and specifically order an evacuation.  Concert-goers and other witnesses said an announcer at the concert did warn them of impending bad weather, but gave attendants conflicting accounts of whether there were emergency sirens – or a clear warning before the tragedy.  Indeed some fair workers said they never heard any warnings.  Groundskeeper Roger Smith stated that “It’s pathetic, it makes me mad.  Those lives could have been saved yesterday.” 

The stage toppled at 8:49 p.m.  A timeline released by the Indiana State Police showed that the National Weather Service indicated as early as 8:00 that a storm with hail and 40 mph winds was expected to hit the fair grounds at 9:15.  Meteorologists indicate that it’s not unusual for strong winds to precede a thunderstorm like the one that was proceeding towards Indianapolis and the fairgrounds on Saturday evening.  As early as 7:00 p.m. the National Weather Service advised that a thunderstorm would be at the fairgrounds between 9:00 and 9:30 p.m.  The Weather Service advised that the storm would contain heavy rain, lightning, strong winds and 1” to 2” hail.  In areas around the fair grounds proceeding the approaching storm, the Weather Service had been predicting high winds for several hours prior to the collapse.

 The cause of this accident is being investigated by Fair Officials, Indiana Occupational Health and Safety Administration, and State Fire marshal’s office.  The timeline of the weather warning above raises a serious question of why State Fair officials and State Police didn’t take these warnings more seriously and specifically order an evacuation before the storm hit.  Apparently around 8:45 p.m., Bob Rich, who is the program and director for the local country music station, took the stage for an announcement to fans about the approaching storm, that the State Police decide as a preliminary warning.  Apparently,  Rich told the fans that severe weather was  moving into the area but  many of the fans present at the concert indicated that they understood it might rain and the concert might be delayed, but apparently did not receive information or understand that a severe storm was approaching and that they should leave right away.

      Had State Fair officials and Security immediately taken the approach that was taken at Conner Prairie based on these same weather alerts, this tragedy may never had occurred.  The same warnings from the National Weather Service caused a different reaction at Conner Prairie, which is about 15 miles north of the State Fair grounds.  On Saturday about 7,000 fans gathered for the Indianapolis Symphony Orchestra at Conner Prairie.  An MC from a local radio station came out and addressed the crowd, indicating that severe storms were approaching and fans were told they should immediately head back to their vehicles.  This warning came at about 8:15 p.m.   The announcer indicated that Conner Prairie officials felt that they did not think it was safe for the crowd to remain.  He announced repeatedly that “You should return to your cars now”and the crowd dispursed 

This sequence of events in the minutes before the stage rigging collapsed will be one of the issues that the investigating officials will examine.  There will be other issues including whether or not the structure that collapse had flaws or other construction defects.  No other structures at the fair were damaged by the gust of wind that apparently proceeded the storm.  The owner of the Company that provided the rigging, Mid-American Sound Corporation of Greenfield, is also investigating the collapse.  It was earlier reported that Mid-America Company did erect the structure but they may have used some of the Indiana state fair employees as laborers. This investigation is scheduled to take several weeks.  http://www.indystar.com/usatoday/article/49957842?odyssey=mod%7Cnewswell%7Ctext%7CIndyStar.com%7Cp

Saturday’s accident was the worst at Indiana fair grounds since the 1963 explosion at the fairgrounds coliseum which killed 74 people in attendance.

If you or a loved one was involved in this trudge and you would like to speak with an experienced attorney contact William “Bill” Hurst for a free consultation.



Most lawyers who specialize or limit their practice to personal injury law will either represent injured people or defend against personal injury lawsuits but usually don’t do both.  If you’ve been injured in an accident you probably want to hire what is called a “plaintiff’s lawyer”. 

It is almost a foregone conclusion that at some point you will be involved in some sort of an accident.  It is not that anyone wishes to be one; that is why they are called “accidents”.  Should you be involved in an accident due to the negligence of some other party, you will need to enter into a process of looking for a good, aggressive and experienced accident lawyer to ensure that you get maximum compensation.  Very different results can occur based on your choice of attorney; therefore when choosing an accident attorney you will want to spend some time researching who will be the best representative for your car accident or other type of accident claim.

A good injury attorney will help you in dealing with the insurance companies involved who are notorious for their efforts in stifling the efforts of victims looking for compensation from them.  There are a lot of legal issues and procedures to be followed before one’s claim is settled most of which are unknown to an untrained victim; and this is why you are advised to hire the services of an attorney.  Trying to do these things by yourself will not only take a long time but may result in mistakes which will diminish your ability to recover.  An attorney who understands the law and legal procedures involved will be able to guide you through this difficult process and if necessary represent you in court to argue your case.  Many claims involve technical issues and little details that if overlooked may lead to the case being dismissed or thrown out of court.  While there are many stories (probably mostly put out by the insurance industry), that talk about greedy lawyers, the vast majority of plaintiffs lawyers are professional and honest.  The quality of the lawyer that you seek may be in direct proportion to how much money you may end up receiving.  You will want to be certain you choose an attorney with experience and the one that appreciates exactly what you are facing.  The attorney will be your confidante and fight for your rights.

Clearly in the selection process you should check out your potential attorney’s references and history.  You of course will see television ads and likely receive mailers.  However, the best source of starting your search for an accident lawyer is through your family, friends and associates.  If you know someone who has been in accident you may talk to them about their attorney.  Certainly if you know a lawyer who is not experienced with personal injury you can check your potential lawyer’s qualifications.    The same is true if you have a friend who is a judge or insurance adjuster.   Checking on the Internet may be a good idea once you have identified an attorney within your geographical area.  There will be many listings to look through.  You can check the lawyer’s website; and if he or she appeals to you, you should make an appointment to meet the person face to face.  For example our firm is listed at www.lawyers.com/Indiana/Indianapolis/William-Bill-Hurst-980965-a.html; this is a good source to review because it is on the Martindale Hubbell site which is a nationally known rating organization for lawyers of every specialty.  Another internet source would be www.bestlawyers.com/lawyers/William_W_Hurst/default.aspx  which is an organization that lists lawyers’ state-by-state who are the top in their fields.  The method of selecting them is by asking lawyers who they would hire in the event that they were involved in a personal injury accident.  You may see our attorney listing and Bill Hurst’s by going to this website.

It is also good to know if the accident lawyer belongs to the State’s Trial Lawyer Association and is active therein.  Involvement in this organization shows a commitment to promoting fair and effective justice.  Another consideration of course is cost.  You want to know if your potential lawyer charges contingency fee, (which most accident lawyers do).  This means that you do not have to pay the lawyer up front; rather the attorney receives a percentage of the award or settlement (usually 1/3rd) as compensation for his or her work.  That means that the lawyer has to be successful to be paid for his or her services.  You also need to determine how additional costs of litigation would be calculated and repaid particularly in the event of a bad outcome. 

Once you’ve gathered all of this information about your potential accident attorneys you will be able to select the attorney who has the most experience in handling the type of claim that you have, the best trial experience and often the best character.

You should not necessarily cross an attorney off your list because he or she did not  have time to meet with you immediately.  Good personal injury lawyers are busy, so they may not be able to spend as much time as they would like with prospective clients.  However, you should always expect to be treated courteously and professionally by the staff and the lawyer.  www.lawyers.com.

Finally, you might want to consider if you have any special needs.  For example, could you benefit from an attorney who speaks a language other than English?  In our office we have attorneys who speak Spanish.

 

At Mitchell Hurst Dick & McNelis, LLC we recommend that you check in the community, family, friends, attorneys, judges and insurance adjustors regarding our reputation for representing persons injured in accidents. 

If you or a loved one has been injured in a car accident contact William “Bill” Hurst for a free consultation at 1-800-636-0808.

Indiana Coroner’s Office has confirmed the death of a truck driver that was hit head on by a Ford Explorer SUV which failed to negotiate the curb and crossed the center line of State Route 286.  The vehicle became engulfed in flames as a result of the crash while the driver was still inside.  He was pronounced dead at the scene.  Firefighters from the Indiana Fire Association Homer City V.F.D. responded to the scene and the State police are still investigating the accident.   http://tribune-democrat.com/local/x1440316101/NEW-Fiery-crash-in-Indiana-County-takes-the-life-of-driver

 

At Mitchell Hurst Dick & McNelis, LLC we recommend that you check in the community, family, friends, attorneys, judges and insurance adjustors regarding our reputation for representing persons injured in accidents. 

If you or a loved one has been seriously injured or killed in a vehicular accident call an experienced attorney for a free consultation [WWH website]

William “Bill” Hurst for a free consultation at 1-800-636-0808.

            A Pike Township firefighter died Thursday and two of his children were hospitalized after a three-vehicle crash in Lawrence, Indiana.  James C. Shelly, 35, died in a crash involving a box truck, a tractor-trailer and a pickup on Pendleton Pike at about 12:15 p.m.  An eastbound box truck rear-ended a semi and then rolled into oncoming traffic, where he slammed head-on into Shelly’s vehicle.  According to information received by the Tribune as reported in the Firefighting News, Shelly was noted to be an outstanding firefighter.  He is survived by his wife and four children.  http://www.firefightingnews.com/article-us.cfm?articleID=96686

The fallen firefighter will be buried at the Gardens at Olive Branch in Greenwood, Indiana on Tuesday, June 14 at 11:00 a.m.

If you or a loved one has been seriously injured in a automobile or semi truck accident contact the Law Office of William “Bill” Hurst for a free consultation.

October of last year on Indiana Highway 60 near Salem, Addison McCarty and her 3-year-old daughter were involved in a car wreck.  The accident caused a severe neck injury to the 3-year-old including broken neck bones.  The child was knocked unconscious in the crash and suffered what the doctors described as an “internal decapitation-the ligaments holding her skull to her neck had been snapped, allowing Addison’s skull to separate from her neck bones”.  The injuries are usually fatal, but Addison, now 4, survived.

Nearly seven months after the accident, she is at home in Salem, Ind., with her mother and great-grandmother, where the family is trying to help her recover from her injuries.  Although her spinal cord is intact, she suffers from a host of problems as a result of the accident. 

Doctors said that botox injections in her muscles could ease the spasms, but currently she is being tended 24 hours a day and requiring fifteen medicines daily and remains on a breathing tube. http://www.courier-journal.com/article/20110513/NEWS02/305130103/Indiana-girl-fighting-catastrophic-neck-injuries

If you or your child has been injured in a crash call William “Bill” Hurst for a free consultation.

Truck crash closes I-70 nearly 4 hours

Updated: Wednesday, 01 Jun 2011, 12:56 PM EDT
Published : Wednesday, 01 Jun 2011, 7:07 AM EDT

  • By: Troy Kehoe

INDIANAPOLIS (WISH) – All westbound lanes of Interstate 70 were shut down for nearly four hours after two semitrailers collided overnight. The crash left one man seriously hurt and hundreds of gallons of diesel fuel on the roadway.

The accident happened just before 2:30 a.m. Wednesday, June 1, 2011 near the West Street exit, very close to Lucas Oil Stadium.

Indiana State Police say one of the semitrailers rear-ended the other one, causing extensive damage to the cab of the rear truck and to the trailer of the front truck.

“It was a high speed crash. The trucks were both moving in the middle lane. Witnesses said they were going approximately 65 miles per hour, though that’s not confirmed at this point. They had to extricate one of the drivers from the cab.”

That driver was taken to Wishard Hospital with unknown injuries, though police said he was conscious as he was cut from the cab of the truck. The other driver wasn’t seriously hurt.

ISP says one of the trucks was registered in Wisconsin. The other truck was registered in Ohio.

Traffic was diverted off of I-70 at West Street for nearly four hours as hazmat crews worked to clean up the spilled fuel. It re-opened shortly before 6 a.m. Read more at http://www.wishtv.com/dpp/news/local/marion_county/truck-crash-closes-i-70-for-four-hours.

If you or a loved one has been injured in an accident involving a semi truck contact William “Bill” Hurst or call toll free 800-636-0808 to schedule a free consultation.

Lafayette, Ind.-An industrial accident at Fairfield left one man dead and another injured when they became pinned between a forklift and a semi truck trailer.  The fatal accident occurred on May 19, 2011 at 11:49 a.m. at the loading dock of the plant at 2309 Concord Road, Lafayette, Indiana. 

The Lafayette Police Department reported that the two employees were injured when they became pinned between a forklift and a semi-truck trailer on a rear loading dock.  The details of the accident have not yet been released.  One victim identified as Gregory Peterson II, 22, sustained an arm injury and was transported to St. Elizabeth Hospital.  The responding rescue crew pronounced the second victim, 28 year old Kyle Rhodes, dead at the scene.  The Indiana Occupational Safety and Health Administration (IOSHA) will be conducting an in depth investigation into this industrial accident.  An IOSHA investigator has been sent to Fairfield, but no information can be released until the investigation is complete.  For more information see http://www.in.gov/dol/iosha.htm

The Tippecanoe County Coroner’s Office stated that an autopsy has been performed.  The CEO of Fairfield Manufacturing has indicated that they are offering grief counseling to their employees, and confirmed that they would be working with IOSHA and local authorities to better understand what happened on the day of the accident.  http://www.wlfi.com/dpp/news/local/emergency-crews-called-to-fairfield

If you or a loved one has been injured in an accident involving a forklift or large tractor trailer contact William “Bill” Hurst or call toll free 800-636-0808 to schedule a free consultation.

 

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Bill Hurst is a partner in Mitchell, Hurst, Dick & McNelis, LLC.
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