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.

Tag Archive: death


A bus driver and a student were killed on March 12, 2012 in Indianapolis, Indiana and 10 other children were injured.  A school bus driver and a 5 year old student died this week in in a bus accident on the southeast side of Indianapolis.  Two other students were critically injured and several children were hurt.  The accident happened about 7:40 in the morning in the 900 block of S. Emerson near English Ave., two miles away from the Lighthouse Charter School where the bus was going.  The bus struck a railroad bridge abutment peeling back one side of the bus.

Speculation among the students and parent at the recent vigil on the cause of accident range from the bus driver being distracted by something to a sudden health problem such as Cardiac Arrest.  While the accident is currently under investigation, the cause is no known.

Indianapolis students that were injured in the bus collision were taken to Wishard Memorial Hospital and Riley Hospital for Children and all the children were released to their parents except for two critically injured who are still being treated at the hospital.  There were 50 children on the bus ranging in age from 5 to 16, and many of these students were trapped inside the bus after the accident for some period of time when in required extrication by the emergency rescue personnel.

Miller Transportation which owns the bus has hired experts including an accident reconstructionist to do an independent investigation.  There is a camera on the bus but apparently there were some problems in its operation.  Most of the kids all stated the the bus driver was very nice and well liked.

According to the National Association of State Directors of Pupil Transportation Services, bridges and tunnels such as the location involved in this accident are considered a hazard.  It has been recommended that School Districts and bus drivers take these hazards into account when planning bus routes.  The State Head of the Department of Education has indicated that a bridge like the one involved in Monday’s crash should be considered as dangerous.  It is clear that road hazards will be a hot topic at the State Transportation Conference this June, as well as this deadly bus crash.  www.theindychannel.com/news/30679918/detail.html.

In addition to the Indianapolis bus crash, there were at least two other bus accidents across the nation in a similar time frame, raising issues regarding bus safety.  Three hours after the Indianapolis bus crash, in Quincy Washington a school bus rolled over on its side with 38 students onboard.  The driver of this bus and three children were very seriously injured.  That same afternoon in rural Ohio a bus ran off the road and several students aboard suffered minor injuries that required medical attention.  All of these bus crashes in one day have many wondering if the seat belts should be required on buses.  Only six states currently require seat belts on school buses and it has been a long running debate in most state legislatures.  Some state officials, including Indiana, argue that equipping new buses and retrofitting older buses with seat belts would be too expensive; and that buses are generally safe anyway with the protection afforded by the “compartmentalization” of the seats seating and arrangements. http://www.whas11.com/news/Indy-bus-crash-2-other-across-nation-raise-questions-about-bus-safety-142497355.html

If you or your child is injured in a bus collision or other tragedy in a motor vehicle accident, you should consult with an experienced personal injury attorney immediately.  You may contact our office or call William “Bill” Hurst at (800-)636-0808 for a free consultation.  You can also browse our personal injury website for more information at www.billhurst.com.

When a driver flees the scene of a car accident without leaving his personal information, a crime has been committed.  The State of Indiana has passed specific legislation that outlines the actions that must be taken after a vehicular accident which makes a hit and run event a crime.  Under Indiana Code  9-26-1-1, any driver involved in an accident resulting in injury, death, or entrapment in a vehicle must stop at the scene immediately (IC9-26-1-1).  The law mandates that each driver provide personal information, assistance to injured parties and/or facilitate transportation to a hospital.  Even if there are no personal injuries if an accident has caused property damage, the drivers involved must exchange information.  If there is more than $1,000 in property damage, the drivers must also report the accident to the local authorities.  Drivers who cause damage to parked vehicles must also stop immediately and provide personal information.  Under Indiana L aw, if you strike a parked car and the owner of the parked car is not available, the driver of the vehicle causing the damage must make efforts to find the owner and after exhausting those efforts, leave his contact information and a statement about the accident with the vehicle.  http://www.in.gov/legislative/ic/code/title9/ar26/ch1.html

The driver who commits a hit and run violation can be charged with a misdemeanor or a felony, depending on whether or not there were injuries involved pursuant to Indiana Code 9-26-1-8.  The penalties are much more severe when a death is involved or if the driver causing the injuries and damages is intoxicated.  Also, in a hit and run, if a report is not filed, the driver’s license of the person who commits the hit and run can be revoked or suspended – even if the injuries or damages caused are minor.

So what should you do after causing a hit and run accident? Did you “run?”  There are number of reasons why individuals do not remain at the scene of an accident:  panic, not having a proper driver’s license, being under the influence of alcohol, or a lack of proper insurance are just a few.  If you do leave the scene of an accident, you should return.  Police departments are highly sophisticated when it comes to tracking perpetrators that leave the scene of the accident; especially if there is an injury to a person, as it carries very severe criminal penalties.  In such an even, there are certain measures you should take to protect yourself.  First of all you should not volunteer any information to police officers.  You must be cooperative but only answer the questions asked  and keep in mind that whatever you say can be used against you in court.  Clearly, it is crucial to contact an attorney as soon as possible to obtain sound legal advice.  Only an experienced attorney licensed in your area can provide you with representation during the legal process.  For a discussion of what to do after causing a hit and run accident, see http://www.hitandrunaccident.com/resources/hit-and-run/hit-and-run-accident/hitting-car-running.htm. This is true whether you were in your automobile, on a bike or a pedestrian.

On the other hand, if you are a victim of a hit and run accident or you or your family member has received a personal injury, you should contact your auto insurance carrier immediately.  You may have a claim under the uninsured motorist portion of your policy which will cover your claims up to a specific limit or “dollar” amount.    Some insurance policies require you to know the name of the person (identify him or her) who caused the accident for you to be covered under the uninsured motorists provision of your auto policy.  You will have to read your policy to determine whether or not you do have hit and run auto insurance designed to protect you at times when another person leaves the scene, perpetually if the person is not found nor identified.  For a general discussion on hit and run auto insurance, the claim, and the coverage see http://www.carinsurancequote.net/hit-and-run-auto-insurance.html.

Often your auto insurance plan will have hit-and-run auto insurance built into the plan but the details are likely unknown to you as it was not discussed when you bought your policy. What is needed to make a claim for a personal injury or property damage varies from policy to policy.   When you are purchasing your automobile insurance policy, you should request a quote with a hit and run (uninsured motorist) provision added to the policy unless it is mandated by state law.  In addition, you should have an explanation made of what is necessary to make a claim when damage is done by a hit and run driver.  In some instances your agent may be able to compare policies and policy provisions for uninsured motorists coverage which usually includes hit-and-run coverage, and find you the most favorable.

When you find yourself in a hit-and-run situation, make sure you get the name, address, phone number of any witnesses who were around when the hit-and-run occurred call the police and promptly report everything to your automobile insurance company.  In the event there is any kind of an injury involved, you should never sign anything which might release your claim without the advice of a personal injury attorney even with your own insurance company adjuster.

For a review of the Indiana hit-and-run laws, and http://www.ehow.com/print/list_6899359_Indiana-hit-run-accidents-insurance.html.  This site will also inform you what the police involvement would be regarding criminal prosecution in a hit and run circumstances.

If you have been injured in a hit-and-run accident and need an experienced attorney who is knowledgeable with regard to the insurance law and injury law relating to hit-and-run accidents, contact William “Bill” Hurst who has represented hundreds of victims in hit-and-run accidents or call him at  (800) 636-0808 for a free consultation.  If Bill or his office takes your case, there will not be any fee paid unless you recover.  See our website at  www.billhurst.com

www.indianapolisabogado.com

Farm work rivals construction work as one of most dangerous jobs in America.  The national rate of death from farm accidents is about 22.1 deaths for 100,000 workers.  The most common injuries involve various kinds of farm equipment, structures  like gain bins (entrapments), chemical exposures, spills, fires, toxic exposures and, finally, and least likely, farm animals causing accidents resulting in injury.  Injuries involving farm tractors result in nearly 270 deaths each year in the United States and account for almost 265,000 restricted work days and some 11,000 lost time injuries.     http://deltafarmpress.com/farm-accidents-enough-enough.

            As a part of the Purdue Farm Fatality Report issued recently (2011), Bill Field, a Purdue University Farm Safety Specialist, made a chilling observation that “besides the 23 documented fatalities on Indiana farms in 2010”, he estimates that there were “slightly more than 6,770 non-fatal accidents”.  These accidents on Indiana farms ranged from a few scrapes to a crippling disability.  Certainly the worst of the lot resulted in amputations, severely mangled limbs, and spinal cord and brain injuries. While the 2010 data isn’t available at this point, 2009 estimates are that non-fatal farm injuries cost an average of $1,200 per incident.  That is an economic effect when totaled of over $8.12 million dollars annually. This estimate does not include the cost of replacement labor to help on the farm operation while the person with the injury recuperates.  You can get helpful tips for keeping your family safe at the following websites:  http://www.farmsafety.org or www.grainsafety.org and http://agrability.org.  

            As stated, tractor accidents are the major cause of farm work related deaths.  It is estimated that between 500 to 600 people are killed each year in tractor accidents.  For every person killed, another 40 are injured.  “Overturns” account for more than half of all tractor-related deaths.  Falls involving operators and extra riders (often children) account for the second leading cause of serious injury.   www.ces.Purdue.ed/extramedia/s/s-56.html.  Studies show that most of these accidents happen during peak cropping months from April to October in Indiana and most of them involve persons aged 25 to 64.  It is an important safety rule to ensure that each person who operates a tractor is trained, physically fit, and qualified to do the job.  A new tractor operator should practice with and without equipment attached prior to becoming an operator.   A skilled operator should be the trainer for the new farm worker.  The new operator can eventually take the seat and operate the tractor with the trainer standing on the drawbar to give assistance if needed before working on his own. 

            Other factors affecting the reliability and safety of the tractor operator has to do with maintenance which involves making a preoperational check of every tractor before use.  The tractor operation manual is an important safety manual and should be read, known and understood.  Following all the operation precautions recommended outlined in the manual is required for safe operation of a tractor.  More and more farmers are recognizing the safety involved in having a “cab” installed on the tractor constructed of a crush-resistant protective frame which will give the operator protection from overturns, from weather and will reduce operator fatigue. 

 Another source of tractor related injury involves the power take-offs shafts which must be guarded at all times.  There are two common types of PTO stubs shaft “shields” commonly in use to protect persons from contacting the rotating power shaft.  In all instances, the stubs shaft guard should always be in place.  Some older tractors lack adequate PTO stub shaft protection and should only be used with extra caution.  Shields are cheap insurance against serious injury.   For a lengthy list of some basic safety practices, please see www.ces.purdue.edu.   

Knowing what to do and how to do it goes a long way to ensure safe tractor operation.  It is important that the operator be in good physical and emotional condition when he is operating a tractor.  It is important that he is comfortable while operating the tractor so he can function safely in conformance with the safety recommendations of the manufacturer.

The age of an operator is in part regulated by federal and State law.  If an operator is under 18, federal labor law will affect this person’s ability to operate a tractor.  Unless you are working for a parent or a guardian on a farm owned and operated by your parent or your guardian, you are not permitted to operate a tractor for over 20 PTO-HP and certain other farm machinery.  (These farm jobs can be started at age 14 with special 4-H or VO-Agg training.)  You need to check with your County Extension also for up-to-date information regarding underage workers on farms.

If you have been injured in an accident, you should act swiftly and contact an experienced personal injury lawyer.  Our attorneys have successfully represented clients in various types of accidents resulting in large settlements and verdicts.  Call us for a free consultation at 800-636-0808 or contact us and see our website at  www.billhurst.com.   We charge a fee only if we win your case!

As the price of gasoline soars more people have been switching to motorcycles, scooters and mopeds, which get far better miles.  But as the numbers of mopeds and scooters rises so will the number of accidents, safety officials have agreed.

The United States Consumer Product Safety Commission has reported that there were 2,870 emergency room treated injuries relating to motorized scooters reported in the first nine months of 2001, and 2,760 injuries reported in 2000.  This was a substantial increase over the prior year which had only 1,330 total injuries reported in 1999.  99% of these injuries occurred in children under the age of 15.  The most common injuries were fractures and most injuries were to the arms, legs, faces and heads.  Injuries associated with non-powered scooters have increased dramatically since 2000.  During 2000, there were 40, 5000 emergency treated injuries associated with these scooters.  Again, 85% of these injuries were in children less than 15 years of age, and 2/3 of these injuries were to males with fractures being the most common injuries.  www.cpsc.gov/pr/prscoot.html

The most current information reveals that more than 256 teen year old boys are killed or seriously injured in moped accidents every year.  This comes from the Institute of Advanced Motorists (IAM).  This number means that moped riders are more likely to be injured or involved in accident or to die while riding a moped than walking, cycling or traveling in a car.  The IAM reports that 16-year old boys are being allowed to ride mopeds with too little practical understanding of safe road craft or defensive riding skills, leaving them particularly vulnerable.  The government is currently reviewing driver training and testing in light of the IAM report, and it is believed that the way 16 year olds are trained and licensed to drive a moped should be reviewed.  The IAM’s recent report entitled The Dangerous Age for Moped Riders analyzes nearly 3,500 teenage moped rider crashes between 2000 and 2006.  This report also found that 90% of the 16 year old moped riders involved in serious accidents are boys, and that 2/3 happen on urban roads.  www.telegraph.co.uk/motoring/motorbikes/5077581/Moped/littlerider-littlerisks.html

The National Highway Traffic Safety Administration (NHTSA) reports the number of fatalities involving mopeds doubled between 2005 and 2008.  In 2009 a Plainfield, Indiana teenager died after a moped accident.  For newscast video covering that and a discussion of Indiana’s licensing law for moped riders see www.youtube.com/watch?v=-pWt6Zi1m2k

Across the nation there have been reported very serious injuries for youths riding mopeds.  In Buffalo, Indiana a young man 18 years of age was struck by a car while riding his moped in May of 2009.  He has been paralyzed from the neck down ever since.  His 1997 Yamazuma is a cross between a moped and a motorcycle with a maximum speed of 45 mph, which was technically slow for a motorcycle according to Indiana Code.

The news reports that moped fatalities in Indiana have nearly doubled, increasing from 9 in 2005 to 19 in 2009, according to the data from the Indiana Criminal Justice Institute.  In 2009, 79% of the 19 moped drivers who were killed in accidents were not wearing helmets.  www.jconline.com/article/20110809/LIFE03/108090305/Teen-story-of-survival

A moped has been defined by Indiana Law as a two or three-wheeled vehicle that is propelled by an internal combustion engine or a battery powered motor.  The maximum speed a moped can travel on a flat surface is 25 mph.  The recent moped crashes and fatalities in Indiana such as the above case have caused people to call for safer and stricter laws for moped drivers.  Indiana only requires riders under the age of 18 to wear a helmet and eye protection.  Drivers 18 and older need not wear any protective gear.  To simply operate a moped, a person need only be 15 years old and doesn’t need to possess an Indiana Drivers License.  Instead, they apparently only need an Indiana Identification Card.

Two recent scooter crashes in Carmel, Indiana have police on a safety campaign.  A teenager was killed in June 2010 at East 98 Street and Keystone Avenue in Indianapolis when his scooter collided with a truck. Another accident involving a scooter happened a couple of hours before at US 31 and 136th Street.  See a video of the accidents and a discussion at http://www.fox59.com/news/wxin-scooter-crash-safety-campaign-061410,0,4639406.story

Indiana legislatures are considering moped rules in a consumer study committee reported by the Indiana Economic Digest in June 2011.  www.indianaeconomicdigest.net/main.asp?SectionID=31&SubSectionID=120&ArticleID=60514  This legislation committee is slated to take up the issue of moped scooters and motorized bikes and consider whether the two-wheeled vehicles should be subject to the same rules as cars and motorcycles. Law enforcement has recently been pushing for more rules for what has been largely an unregulated class of vehicles.  This Commission has noted that the National Highway Safety Administration has reported the number of fatalities involving mopeds has doubled between 2005 and 2009.  However, the number of fatalities involving mopeds has dropped in Indiana from 2009 to 2010.  But according to the Indiana State Police the number crashes on state highways involving mopeds went from 630 2009 to 790 in 2010, with an increase in non-fatal injuries.  Incidentally those numbers don’t include moped-related accidents on county roads or city streets.  http://www.wthr.com/story/14036132/state-lawmakers-respond-to-Indiana’s-moped-loophole?clienttype=printable

If you have been involved in a moped accident and have received a serious injury, please contact the Law Office of William “Bill” Hurst.  We have handled thousands of personal injury cases, many involving moped and motorcycle collisions.  We do not get paid unless you collect compensation.  Please call (317) 636-0808 or toll free at (800) 636-0808 or visit us online at www.billhurst.com     

 

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.

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.

 

More than 125,000 people in the U.S. are hospitalized and 3,000 people die from food borne illnesses each year according to the Center for Disease Control and Prevention (CDC).  http://www.suite101.com/content/sickening-statistics-on-food-poisoning-a323122

Salmonella is the number one food contaminate causing nearly one-third of all food borne hospitalizations and deaths according to the CDC data.  http://www.cdc.gov/salmonella/ Salmonella is a bacterial disease that strikes the intestinal tract and thrives in the intestines of humans and animals.  Humans typically contract salmonella through contaminated food sources like eggs, poultry, and meat.  In addition, fresh fruits and vegetables may be sprayed or washed with salmonella tainted water.  The CDC closely tracks food borne illnesses in ten states to watch for food poisoning trends.  Its report for last year showed that the rates of food borne illnesses have been holding steady for the past five years and grilled chicken accounted for 45% of the outbreaks.  A diarrhea-causing bacteria called clostridium perfringens is commonly linked to poultry.  A more deadly bacteria called E-coli was most often linked to beef.  Norovirus a common bug most often spread by food handlers is frequently seen in leafy vegetables.  http://www.usatoday.com/news/health/2010-08-12-food-illnesses_N.htm   

Typical symptoms of food poising include nausea, vomiting, abdominal cramping and diarrhea that occurs suddenly (within 48 hours) after consuming a contaminated food or drink.  Depending on the contaminant, fever and chills, bloody stools, dehydration, and nervous system damage may follow.  World-wide diarrhea illnesses are among the leading causes of death.  http://www.emedicinehealth.com/food_poisoning/article_em.htm

There are more than 250 known diseases can be transmitted through food.  Many cases of food poisoning are not reported because people have suffered mild symptoms and recovered quickly.  Also, doctors do not test for a cause in every suspected case because it does not change the treatment or the outcome.  Therefore, the CDC statistics do not include a large percentage of food borne illnesses.  The known causes of food poisoning can be divided into two categories:  infection agents and toxic agents.  Infection agents include viruses, bacteria and parasites while toxic agents include poisonous foods such as mushroom, improperly prepared exotic foods, or pesticides on fruits and vegetables.  The most common bacteria in food includes staphylococcus (found in salad, dressings, ham, eggs, custard-filled pastries, mayonnaise, and potato salad) and salmonella found in poultry, beef, eggs and dairy products or E-coli found in undercooked hamburger, raw milk and contaminated water. http://www.foodpoisoningsymptoms.net

Unlike many diseases food borne illnesses is entirely preventable. If these dangerous bacteria were purple colored, restaurants employees would clean the product better because people would see the purple colored stains but because they are invisible food preparers are failing in their obligation to the public.  http://www.sharecare.com/question/what-causes-food-poisoning-restaurants

Various food distributors have recently recalled various products.  In North Carolina vegetable and fruit distributor recently recalled cucumbers in nine states including Indiana after cucumbers distributed were found contaminated with salmonella.  A total of 5,000 pounds of potentially harmful cucumbers were distributed in Indiana and Illinois alone.  http://www.chicagotribune.com/news/local/breaking/chibrknews-nc-company-recalls-cucumbers-in-9-states-20110423,0,3354219.story

Another company in Raleigh, North Carolina is currently recalling cucumbers because it had the potential of being contaminated with salmonella.  This apparently was successfully done without causing illness to the population.  http://www.fda.gov/Safety/Recalls/ucm252457.htm

Restaurant retail establishment food distributors have a duty to you, the consumer to keep their products in a reasonably safe condition.  Failure to do so could expose them to civil liability. 

If you or someone that you know has been the victim of food borne illness or any form of product defect, please call the office of William “Bill” Hurst, an attorney who is experienced in making this type of claim.

Drowning is the leading cause of death for infants and young children in 18 states and nationally ranks second only to automobile accidents claiming the lives of approximately 4,000 children each year and leaving another 12,000 with some form of brain damage. A swimming pool is 14 times more likely than a motor vehicle accident to be involved in the death of a child age 4 and under.

Near drowning can lead to permanent brain damage/injury affecting the brain’s function; affecting the brain’s ability to communicate with the rest of the body, and/or affecting the ability of muscles to respond to the brain’s orders.  http://www.brainlink.org.au/understanding-the-nervous-system.htm

An acquired brain injury (damage to the brain) can result from a lack of oxygen (hypoxia) during near drowning which affects blood supply to the brain. This type of injury will have lasting effects on an individual such as sensory difficulties, physical difficulties, communication and speech problems, as well as other medical problems.

Prevention of near drowning or drowning experiences is the best way to prevent these horrible accidents which could lead to brain injuries. Some pool safety suggestions are barriers, alarms or safety covers for pools. These methods are useful and cost effective prevention techniques to avoid a near drowning and potential death or injury. http://poolsafety.gov/pool-spa-safety/safety-system/

The Center for Disease Control (CDC) provides information on how to appropriately supervise your children, teach them to swim and provide protection for them to prevent swimming pool accidents. The CDC provides the “dos and don’ts” for child-proofing a swimming pool at your home; and on how drowning can be prevented.  http://www.cdc.gov/HomeandRecreationalSafety/Water-Safety/waterinjuries-factsheet.html

In Indiana there are swimming pool regulations and municipal ordnances which must be complied with if you wish to construct or maintain a swimming pool.  These regulations have been enacted to prevent injuries and in particular regard to children.  Obviously, an open swimming pool with no barriers is a sure way cause injury or even death by drowning if the wrong person happens to wander in.  All legal swimming pools must have a safety barrier completely surrounding the pool that is at least five feet high with self-closing gates that have locking mechanisms.  The gates are to be locked when no responsible adult is at the pool.  Before any construction of the pool takes place the City must issue a building permit and ultimately inspect the construction to ensure that the safety regulations of the City and State are complied with.  The Article 20 of the Swimming Pool Code and a discussion about swimming pool regulations may be seen at www.ehow.com/list_6565179_Indiana-swimming-pool-regulations.html  The Indiana Swimming Pool Code (675iac20) is available at www.state-code-books.com  The Marion County Code may be purchased or seen online at www.municode.com/library/clientCodePage.aspx?clientID=2720   

If you have only recently become the owner of a swimming pool, it is suggested that you carefully review www.swimmingpoollaws.net and other related websites.  Besides compliance with the federal, state and local codes, swimming pool safety should be your number one priority.  For example, you should never leave a child unsupervised near or beside a pool.  If you cannot find your child or any of your children, always start your search in the pool area.  As much as possible, install barriers and protective devices to ensure the safety of children, many of which are required by law.  You should always instruct babysitters or guardians on how to act when a pool emergency happens.  Have safety devices nearby!  Never leave your pool open and unsecured!  Being a parent means being responsible! Certainly if you violate any of these practical safety tips you may be responsible for anything that happens in your pool.  Lawsuits are common against parents and pool owners when a pool violates safety requirements and safety codes and injury results. http://www.usatoday.com/news/nation/2008-01-28-drowning-lawsuit_N.htm

Children are obviously attracted to swimming pools and therefore must be prevented from being able to enter the pool without an adult present.  Indeed, it has been recommended that you should not have a swimming pool in your yard until your children are older than 5 years of age.  The American Academy of Pediatrics has formulated various programs for injury prevention for children.  www.aap.org/family

The U.S. Consumer Product Safety Commission in a comprehensive study of drowning incidents involving children under 5 years of old in Arizona, California and Florida determined that 75% of the victims were between 1 and 3 years of age, and 65% of this group were boys.  This is true even though at the time of the incidents most of the children were being supervised by one or both parents.  65% of all the incidents reviewed happened in a pool owned by the child’s family and only 33% of the incidents happened in pools owned by friends or relatives.  It must be remembered that a child can drown by the time it takes answer a phone.  In most of these cases the victims had been missing from site for five minutes or less.   The Commission based upon these findings makes several recommendations as minimal steps you could take to protect your pool and make it safe for your child.   In addition, they set out extensive rules for pools which should be complied with if you have concern for safety of your children or neighborhood children.  www.liveandlearn.com/pools.html  Most YMCAs have programs about swimming pool safety and training parents and children how to be safe in the pool setting.

Indiana has a stature of limitations on filing a claim or thereafter any claim on pool injury or other forms of accidental injuries may be barred.  Pool injuries and drowning in particular take time to investigate in order to determine the responsible parties and the possible negligence of the individuals or companies that are involved.  If someone in your family has been involved in a drowning incident it is imperative you contact an attorney at the earliest possible time so that all of these issues may be appropriately investigated and determined.  Likewise, you should be advised that if a governmental entity is responsible in any way there may be a short time to preserve your right to file a lawsuit.  Swimming pool injuries may involve injuries from falls, drowning, or near drowning, causing serious injury and at times death.

If someone in your family has been in a swimming pool or lake accident contact William W Hurst for a free consultation and case evaluation http://www.billhurst.com/

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