| Read Time: 2 minutes | premises liability

Pool safety depends on attending to some rules

Watching children engage with water is fun. Many take to the water naturally. Others come to the experience a little more hesitantly and need encouragement. In midwestern states like Indiana, Illinois and Kentucky, water access is available through lakes, ponds, streams and, of course, pools indoor and outdoors. Anyone who owns or operates a pool faces an extra duty of care to be sure that use of their pool takes place in the safest way possible. The same goes for those owning home spas. This is especially true when it comes to keeping children safe. There are many suggestions for “waterproofing” ourselves, but the reality is that negligence leads to unsafe conditions that can result in serious or fatal injury. Keep Children from Drowning More than 200 youngsters die by drowning in backyard pools every year. Because of this, experts have come up with a number of tips to improve pool safety. We’ve touched on some in previous posts. These include securing pool areas with safety covers and fencing, and perhaps even installing an alarm that can raise an alert if someone enters the pool without proper supervision. In addition to that, the U.S. Consumer Product Safety Commission suggests the following: Never leave children unattended near any water, indoors or out. Have your child take swimming lessons, and take them yourself if you don’t know how to swim. Steer children clear of pool drains and filtering equipment Know how to shut off a spa’s systems in an emergency. Consider getting certified in CPR and maintain the certification year to year. One other suggestion experts offer is to make sure youngsters stay hydrated. It might seem counterintuitive considering they are soaking on the outside, but swimming is exercise and the body’s insides need maintenance, too. Swimming is a fun summertime activity, and Gerling Law hopes you’ll be safe out there. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families. With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients . If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help. You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | Fatal Accidents

Amusement parks: When fun is dangerous

It’s fair season. States and counties all across the country are pulling out the stops to celebrate the industries and the people who make them unique. One thing that tends to be common to them all, however, is the amusement park. There is an art to this particular industry. The gauge of success, according to one legacy carnival operator, is how well he gives you the means to “stare the Grim Reaper in the eye,” while ensuring that you land “back down on the ground and not have any hair out of place.” Fun can turn to tragedy when an amusement park ride fails Unfortunately, sometimes all the fun turns to tragedy when a bolt breaks, a shock absorber bursts or a safety chain gives way. When that happens, catastrophic and even fatal injury can occur. Victims of such misfortune have a right to seek compensation for their losses, whether it is to cover necessary medical care, replace lost wages or earning ability, or to recognize the loss of a loved one. There are those who may try to argue that anyone who seeks out the thrills of a roller coaster, Ferris wheel, twirling ride or water park slide know the risks and accept them by buying a ticket. However, providers of these rides, like any business, have a duty to keep their patrons safe. Indeed, while laws vary, nearly every state has statutes requiring amusement park rides to meet certain safety standards. Here in Indiana, state officials recently exercised their enforcement authority ahead of the 17-day state fair. A team of 13 inspectors scoured through every one of the more than 50 rides checking for potential hazards. By the time the fair opened, all the rides were reportedly approved for operation. Such is not always the case, though. The U.S. Consumer Product Safety Commission estimates that as many as 4,800 people visited emergency rooms with injuries caused by amusement park rides between 1997 and 2003. It also reported 55 deaths between 1987 and 2001. Safety laws covering amusement parks are complex Clams agains amusement parks are complex. You will need an attorney to research the many statutes covering safety standards for amusement parks. In addition, you will need expert testimony regarding what caused the accident. It makes sense to hire an experienced injury attorney to help you find your way through these obstacles. Gerling Law is a leading personal injury law firm dedicated to providing aggressive legal representation to individuals and their families.  With over 50 years of experience, Gerling Law has helped thousands of people in Indiana, Illinois and Kentucky recover hundreds of thousands of dollars in a wide variety of personal injury and consumer protection cases, including trucking accidents, wrongful death, medical malpractice, nursing home negligence and social security disability. Gerling Law takes pride in the fact that we have never represented insurance companies, hospitals or large corporations and that we fight against powerful companies for our clients. If you need an experienced, dedicated personal injury lawyer, Gerling Law is here to help.  You can always reach us at 888-GERLING (888-437-5464) or through our website at www.gerlinglaw.com.

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| Read Time: 2 minutes | premises liability

Need a Premises Liability Attorney?

If you or someone you know has been involved in a premises liability accident, and you’re currently in Evansville, Indianapolis, Louisville, or Owensboro, then contact a premises liability attorney at Gerling Law today. Regardless of the nature of the accident, whether it was a building code violation or slip and fall, injuries sustained can often be inconvenient, painful, and expensive. Therefore, let a legal professional help you with the process of moving forward. A Premises Liability Attorney for You According to the Centers for Disease Control and Prevention, slip and fall accidents are the most common type of premises liability accidents. When it comes to defining a premises liability accident, these accidents often include a myriad of examples, such as one of the following: staircase accidents, insufficient security, defective electrical wiring, faulty construction, building code violations, elevator malfunctions, theme park accidents, faulty sidewalks, and more. One element all the examples listed above have in common is the fact that they can all be prevented. Since these accidents can (usually) be prevented, someone should be held accountable for any injuries sustained as a result. The injuries often sustained in these types of accidents include the following: dislocations, broken bones, amputations, disfigurations, burns, head injuries, spinal cord injuries, head injuries and more. As you can gather, these injuries require time to heal, as well as expensive and consistent medical treatment. A premises liability attorney can help ensure you awarded compensation to assist with all medical bills and missed wages. Contact a Premises Liability Attorney Today It’s true: accidents are common, and it’s safe to say, take place every single day. However, when the accident is preventable, and then results in an injury, regardless of the severity, someone should be held accountable. The legal process can be difficult, expensive, and time-consuming. Therefore, if you have been involved in a premises liability accident, then contact a premises liability attorney today. Don’t fight alone.

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| Read Time: 2 minutes | premises liability

The Many Injuries One Might Incur On a Leisurely Sunday

Most of us go about our days without worrying about receiving an untimely injury. While injuries are rare, they do unfortunately occur. Injuries can take place at any time of the day while performing any activity. Here is a list of injuries that might befall someone on any given Sunday. Broken Wrist Slipping and falling in public is something that everyone has experienced. No matter how many hours you’ve logged walking, you’re still susceptible to a slip and fall here and there. When we do fall, we typically brace ourselves with our hands pointed towards the ground to break our fall. An unexpected fall may easily lead to a broken wrist or worse. Should an accident such as this occur due to a property owner’s negligence get in touch with an Evansville, Louisville, Indianapolis, or Owensboro-based Premises Liability Attorney. Spinal Cord Injury Sundays are for football games with family and friends. Even though you thought you were only playing touch football your friend decided to get a little physical with you. One strong tackle and awkward landing later and the football game has been cut short due to a possible spinal cord injury. Damaged Hand On any given weekend you’ll no doubt find dogs abounding in parks and streets around town simply enjoying a pleasant stroll with their owners. We’ve grown accustomed to not asking owners for permission to pet their dogs. Most of the time this custom only results in puppy fawning, however, occasionally an eager stranger will receive a nip on the hand. If this happens, you may want to get in touch with a Dog Bite Attorney. Back Injury The older we get, the more often we tend to complain about back pain. However, such pain can be exacerbated due to a Sunday morning car accident. Always be aware of the cars around you while driving and if you feel as though you’ve been wronged consult with a Car Crash Lawyer.

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| Read Time: < 1 minute | premises liability

When Slipping and Falling Is No Joke

Let’s face it; a good slip is ripe material for a hardy laugh. But not everyone who falls can get up so easily. While a slip may at first be a laughing matter, it can quickly turn into an injury that may have lasting effects. Should you fall and incur an injury you may have grounds to seek financial compensation from a property owner. No matter whether the property is private or public it’s held to a certain standard of safety that must be upheld by those in charge of the property. Here are some things to know about slip and fall cases. Proving Culpability Ascertaining if a certain party has acted in a negligent manner is a difficult feat. There is a large gray area when it comes to determining blame. With this being said, it’s of the utmost importance that you contact your local Evansville, Louisville, Indianapolis, or Owensboro-based Premises Injury Attorney. Be aware that these cases are often time sensitive and require gathering evidence as soon as an injury occurs. What must be proven is that the property manager had adequate time to identify the hazard at hand and made the decision not to ameliorate the situation. Identify the Party Understanding whom to take to court isn’t always black and white. Finding out who the culpable party is, may require some digging. Those who have sustained injuries must also embrace the possibility that the injury was their fault. Accepting this will no doubt mean extreme embarrassment but will also save time and money that would have otherwise been spent on a litigation battle. If you feel as though you have a viable case, you should contact the professionals at Gerling Law Firm immediately. When you make contact with Gerling, you’re entitled to a free consultation.

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| Read Time: 2 minutes | premises liability

What Happens When You’ve Fallen and Can’t Get Up?

Wet supermarket floors, uneven payment, poorly lit stairwells, sports arenas that don’t mop up spilled drinks…these are just a few cases that may cause serious injuries and warrant a consultation with a Slip and Fall Attorney. “Slip and fall” is a term used in a personal injury case where an individual slips or trips and is injured on someone else’s property. Proving the Case In most instances, a person injured in a slip and fall on someone else’s property must prove that the cause of the accident was a “dangerous condition,” and that the owner or possessor of the property knew of the dangerous condition. An experienced slip and fall lawyer knows how to determine if a property owner was negligent in the maintenance, repair, and upkeep of the property. In addition, a qualified personal injury attorney has knowledge working to fight insurance companies that represent the other party. It is not unusual for the company or person being sued to take steps to disprove your case. They will: attempt to establish how the slip and fall accident happened find out how badly you are injured explore the nature and extent of your injuries find out whether your injuries may have been pre-existing ask about what you were doing just before the accident look for warnings that may have been ignored These are just some of the reasons it is beneficial to contact Gerling Law to review your case. We have a team of professional attorneys who understand how to fight for your rightful settlement and get you the compensation you deserve. Life Altering “Life can change in an instant from just one fall that may potentially result in a lifetime of medical complications and expenses,” stated Owner and Managing attorney Gayle Gerling Pettinga. “Let us review your case and put our resources and experience to work on your behalf.” Slip and fall accidents can cause broken or fractured bones, head and spinal injuries, lacerations, concussions, bruises and other injuries. Take steps to assure you receive adequate compensation by contacting Gerling Law with locations in Evansville, Indianapolis, Louisville, and Owensboro at 888-437-5464.

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| Read Time: 2 minutes | premises liability

Slip and falls, broken sidewalks, and premises liability

Premises liability is an incredibly important area of law, even though it is one that most people won’t think about on a daily basis. Everywhere you go and everything you do can be connected back to premises liability. If this area of law didn’t exist, then there would be very few people in the world trying to maintain safe buildings or cleaning up obvious spills that could cause serious injury. You will hear about premises liability lawsuits in the form of slip and falls quite often. These usually occur when a company or restaurant fails to clean up a spill on the ground, or they fail to put up a warning sign that alerts customers or patrons to the danger. There are other ways that these situations can occur, but this is a very common theme. Other circumstances for premises liability cases include: Apartments or housing complexes with negligent landlords that fail to properly install shelving units, leave broken staircases unattended, or generally leave dangerous conditions around without adequately addressing them. Security problems at clubs or restaurants which contribute to an injurious incident. Cracked, broken or busted sidewalks that cause innocent pedestrians to suffer serious or even life-changing injuries. When filing a premises liability lawsuit, it is imperative for the plaintiff to be supported by experienced and passionate legal counsel. At Gerling Law, we fit both of these descriptors. We want to help you with your premises liability claim, and we will review your case and answer any questions that you may have about the legal process.

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| Read Time: 2 minutes | premises liability

Building Code Injuries

Can I sue for injuries caused by construction defect? Anyone who has contracted to have a house built or have an addition put on knows minimum requirements for design, construction and materials must be met. Building codes spell out the specifics. Every state has its own rules. Indiana is no different. Every community is also supposed to have processes in place to ensure compliance. Failure to comply can lead to serious injury, illness or even death. Rules may be overlooked at times. Proper permits aren’t obtained. Inspectors sign off on bad work. When oversight is less than robust, disasters happen. This can perhaps be seen by looking at the recent apartment tower fire in London. Dozens died when fire consumed the building. Officials blame flammable exterior siding. Recovering damages due to defects Not every defect in construction results in injury. However, failures can combine to cause significant illness or injury. For example, improper soil preparation (including grading) could lead to water seeping into the home and development of hazardous mold. If carpentry standards are not met, structural collapse could follow. Every state’s laws vary. But if you suffer damages due to defects, you may be able to recover some of your financial losses related to repair and loss of property value. If you are injured due to the defects, you have a right to seek recovery for medical costs and wage losses. In some states, punitive damages might be imposed. It depends on the circumstances of your case. It is worth noting that under Indiana law, contractors and builders have a right to fix defects discovered before a lawsuit can be filed. However, the law also obligates them to inform clients of that right as part of the contract process. Laws are the rule we follow, but the law can be complicated. Optimal results depends on having an experienced advocate at your side.

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| Read Time: 2 minutes | premises liability

What protections are available after a slip and fall accident?

Falling incidents can be unexpected and result in serious physical, financial and emotional harm for victims. Victims may wonder what protections are available to them if they have been harmed in a slip and fall accident. In general, when a victim has slipped or tripped on a property owner’s premises and the owner failed to take the proper precautions to correct the dangerous property condition or warn of the dangerous condition, they may be liable to the victim for the damages suffered as a result. Property owners may be liable for harm that results from a wet floor other dangerous or hazardous property condition in circumstances when they fail to provide adequate warnings, such as wet floor signage, of the hazardous property condition; when they fail to property restrict or close off the area where the dangerous property condition exists with barriers; when they use an excessive amount of wax, polish or other product on the floors; when they apply an uneven amount of wax, polish or other product on the floor; when they create an uneven condition on the floor and in other circumstances as well. Property owners may also be liable for poorly maintained carpeting, rugs or mats that create an unsafe condition for those on their property. In addition, property owners may be liable for harm that results because of hazardous or dangerous stairway conditions that the property owner was aware of, or should have been aware of, and failed to correct or provide warnings concerning. Victims of slip and fall accidents can suffer serious harm that can result in debilitating injuries. When the victim of a slip and fall accident suffers medical expenses, an inability to work related to their injuries and the emotional harm associated with a serious injury and its aftermath, it is important for them to be familiar with the legal protections available to them. Legal remedies may allow them to recover compensation to help with the costs and losses they have suffered because of an unsafe property condition. Source: Injury.findlaw.com, “Indoor Slip and Fall Accident Conditions,” Accessed May 9, 2017

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| Read Time: 2 minutes | premises liability

Premises liability legal options protect injured victims

  At the end of a hard winter, it can be helpful to review premises liability protections available to victims of slip and fall and other types of accidents. Victims may wonder what exactly premises liability refers to. Premises liability law includes a set of protections for victims who have suffered harm on another party’s property. Premises liability claims can include slip and fall claims, trip and fall claims and other types of claims for injuries that occur on the property of another. Slip and fall accidents are a common type of premises liability injury, especially in the winter time, that can lead to a premises liability claim for damages. Slip and fall injuries, however, can occur in a shopping center or retail store, for instance, if the walkways are not kept clear, clean and safe for shoppers. Victims of a slip and fall accident can suffer serious physical injuries, as well as emotional and financial harm as a result of the accident. In general, property owners and possessors of property owe a duty of care to those on their property to maintain the property in a safe condition. Property owners typically have a duty to keep the property free of hazardous property conditions or warn potential victims of the dangerous condition. In some circumstances, the status of the injured victim at the time of the accident can have an impact on a claim for damages. Victims who have suffered a slip and fall or other type of injury on another party’s property may want to learn more about premises liability legal protections. Depending on the circumstances, victims who have suffered an injury may be able to recover damages associated with the physical, financial and emotional harmed they have suffered. Source: FindLaw, “Slip and Fall Accidents Overview,” Accessed March 14, 2017

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