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The Dram Shop Act

The Dram Shop Act

In lieu of the recent case against Tiger Woods, we thought it would be beneficial to explain the Dram Shop Act. Who is responsible when an accident or injury occurs because of someone being intoxicated?

Federal statistics & data show deaths caused by drunk drivers have dropped significantly in last 30 years, however, the phenomenon still occurs far too frequently.

In Indiana, when a drunk driver injures or kills a person, the bar or person that served the driver might share responsibility for the event. Under what is known as the Dram Shop Act, giving alcohol to a visibly drunk person can cause civil liability.

Now, the bar or person must possess or control the beverage and actually serve the alcohol. In addition, the person serving the alcohol must possess actual knowledge that the recipient was drunk at the time the beverage was provided. So, many times it is important to determine how much alcohol the person drank, over a certain time period as well as whether the person showed signs of intoxication like slurred speech or strange behavior.

If you have questions, an attorney can help sort through the issues to determine if these factors in the Dram Shop Act apply.

Please feel free to contact Goodin Abernathy.

Construction Accidents

Construction Accidents

CONSTRUCTION ACCIDENTS


If you or someone you know was injured while working at a construction site, there are typically two areas of law that we use to make your claim.

The FIRST is a worker’s compensation claim. This area of law is for employee claims against their own employers. The law requires the employer to offer these basic benefits:

1) Pay all medical treatment- including the ambulance, hospitals, doctors, physical therapy, medicine and x-rays.

2) Lost Income- if you miss more than 7 days of work in a row, the employer must pay you 66% of your average income. This is called TTD or Temporary Total Disability. These payments can extend if you return to restricted or less hours.

3) PPI- Permanent Partial Impairment- When the doctor says you are finished treating, she or he needs to write a report explaining if your injury caused a long term impairment that affects your ability to work.

The SECOND type of legal claim is for NEGLIGENCE against the general construction company. Unfortunately, a lot of times this legal claim is overlooked and the worker misses out on additional recovery.

So don’t let that happen to you. Share your information and we’ll investigate whether we can help you.

For instance, written construction contracts or legal relationships between the construction firms can require the general contractor to protect your safety.

A negligence claim against the general contractor can help you recover more than the limited benefits allowed by a work comp claim. This can be a VERY important part of your financial recovery.

Take a look at more information about these claims on our website OR just call me, Jim Browne at Goodin Abernathy.

For something really easy, just click the “Do I have a case” button and we’ll look at the specifics of your case.

Goodin Abernathy wants to help – and we’ll put our experience to work for you.

Dog Bites 101

Dog Bites 101

Dogs have long been known as natural animal companions, or best friends, to many of us. Their unconditional love and loyalty are one of the big reasons why so many people have them as pets. However, not everyone has had good experiences with dogs. In fact, in 2016, State Farm insurance paid $6.4 million in damages in Indiana from dog bite claims. This places Indiana as 8th highest state for dog bite claims for State Farm insurance (note this does not include other insurance companies). Seeing that a dog bite or dog-related injury could happen to you, here are some tips that could help you handle that type of situation.
Pet or Stray?

One of the first actions you will need to take is to try to find the owner or person in custody of the dog that bit you. By finding the person, you can then get their contact information and have them confirm the dog received a rabies shot. If the person in custody of the dog does not own it, it will be important to get contact information for that person and the dog’s owner. If you cannot find the owner or person in custody of the dog, then you should seek medical attention and let the doctor know you were bitten by a stray animal.
Photograph Everything!

A picture is worth a thousand words, so be sure to take more than one. Your insurance company will most likely ask for visual proof of the incident. Be sure to take pictures of the environment and of the physical wound.
Seek Medical Attention

Seek a medical professional to examine the wound. Especially if the dog is a stray, there is a chance the animal has rabies. If not treated quickly, rabies can be fatal to humans. Another reason to seek medical care is to make sure you receive documentation of the type of injuries that occurred.

Animal Control

  • It may also be beneficial for you to call your local animal control agency. It may be able to help you find the dog’s owner or vaccination information.
  • It also wouldn’t hurt to consider seeking legal advice. Those who are bitten by dogs may be entitled to damages such as medical expenses, lost income, cosmetic surgery for scarring, and money to compensation you for pain and suffering.

*Please Note: This article contains legal information but should NOT be considered legal advice. You should consult with an attorney before you rely on this information.*

Give this post a share if you found these social media tips helpful! For more legal related tips, opinions, and articles follow our Facebook Page or other social media pages (links below).

At Goodin Abernathy, LLP, we realize the law can be confusing and difficult to navigate. We have been serving Indiana since 1984, with a strong and reliable focus on Personal Injury, Worker’s Compensation and Employment Law. Our team of Indianapolis attorneys is dedicated to providing premiere civil trial services for individuals and small businesses.

If you need assistance with any of these matters, call us for a FREE consultation.

Goodin Abernathy also offers all of these services, in Spanish, to the Indiana Latino community. Haga clic aquí para obtener más información sobre los servicios que brindamos a la comunidad latina de Indiana – Legalmente Hablando Indy.

Your Social Media v. Your Personal Injury Case

Your Social Media v. Your Personal Injury Case

Imagine. You have just been seriously injured and you’ve come home from the hospital, what is one of the first things you’re going to want to do? If you are like me, one of your first instincts will be to go on social media and let all your friends and family know that you are alright. I mean it would be the quickest and most efficient form of communication, why not take advantage of it? All you want to say is something similar to, “Hey everyone, I was in a car accident recently. It was a bit scary, but I just wanted to let everyone know that I’m – OK!”

Well if you’re planning on putting together a personal injury case to help compensate you for the damages to yourself and your vehicle, you may want to think twice before making that Facebook update, tweet, or Instagram post.

For example, if you plan on arguing that your life has been negatively impacted by the negligence of the other driver, that simple “I’m OK” post could hurt your case. To avoid having your case diminished by social media, here are some social media tips that will help you avoid a situation like that:

AVOID TALKING ABOUT YOUR INJURY

Just don’t post anything! Even if you don’t think you’ll pursue litigation, you never know if your circumstances will change as time progresses. Maybe you feel fine now, or even just a bit sore. But down the road, you find out that the car accident really did a number on your back, hips, and/or neck. You may even find out you need a surgery because of the accident. Pursuing litigation for those damages could help alleviate the financial burden of your medical bills, but those social media posts could prevent you from getting compensated fully.

AVOID TALKING ABOUT MEDICAL ISSUES

You are likely not a doctor.  Let the medical professionals determine what your condition is.  Tweeting out or posting what you think is wrong with you may be contrary to the medical facts.  Let a jury hear from the experts and leave the diagnoses to the professionals.

AVOID TALKING BAD ABOUT THE PERSON OR COMPANY THAT HURT YOU

Yes, you were hurt, and it’s only natural you want to express your frustration to others. But try doing so in one-on-one conversations. Making an angry post about the person or company that hurt you could be seen as evidence that you are just trying to be vengeful towards them and may be asking for more than you need.

Easy Tricks to Protect Your Social Media Accounts

While you’re in the middle of a personal injury case, here are some tips you may want to consider:

  • Turn off the location settings. Sometimes when you post something, it will automatically ping where you are and when you posted it.
  • Turn off the ability for people to tag you in posts and photos.
  • Make sure all your social media accounts are set to private.
  • Tell friends and family to avoid talking about your case on social media.
  • If you do accidentally make a post, don’t delete anything! You have a duty to not destroy any evidence – even bad evidence – that is out there.  If the opposing side finds out that you tried to delete that photo or post, they could argue that you were trying to destroy evidence to hide the truth.
  • Overall, the Golden Rule is: don’t post anything that you wouldn’t want the attorney for the insurance company talking about in an open courtroom full of strangers.

If you found these social media tips helpful, please give this post a share! For more legal-related tips, opinions, and articles follow us on Facebook or Twitter.

At Goodin Abernathy, LLP, we realize the law can be confusing and difficult to navigate. We have been serving Indiana since 1984, with a strong and reliable focus on Personal Injury, Worker’s Compensation and Employment Law. Our team of Indianapolis attorneys is dedicated to providing premiere civil trial services for individuals and small businesses.

If you need assistance with any of these matters, call us for a FREE consultation.

Goodin Abernathy also offers all of these services, in Spanish, to the Indiana Latino community. Haga clic aquí para obtener más información sobre los servicios que brindamos a la comunidad latina de Indiana – Legalmente Hablando Indy.

Safety Tips for Holiday Travel on the Roads

Safety Tips for Holiday Travel on the Roads

Tis’ the season to be… CAUTIOUS! Well on the road that is. Not only does the weather get worse every holiday season around here, but also, many individuals think that it is okay to drink alcoholic beverages before getting on the road. Combine those two and you are practically guaranteed to see or worse experience an accident yourself!

Don’t Break the Law By Drinking and Driving

Beyond already breaking the law, there are some other consequences that people don’t think of till after they get in an accident. Such as, after their treatment at a hospital for drunk driving, the individual will learn that their vehicle has been impounded. That for sure will be more than a pretty penny to get it out of there, we can guarantee you that. There may also be additional charges if the accident caused property damage or injured someone. Then if attorneys, like us, get involved, the intoxicated driver will also have to pay for those property damages and medical bills of the injured.

That being said, it is better to prevent accidents before you start traveling during this holiday season. Believe it or not, the majority of car accidents occur close to the driver’s own homes. This is because individuals typically get over-confident when they’re almost home and think that they know their roads like the back of their hand. This makes them less observant than they normally would be. But let’s be honest, could anyone really describe every detail of their hand without looking at it?

Safety Tips for Your Holiday Travel

It is important to plan carefully before heading to a holiday event this season. Use these recommended safety tips to protect you and your family from an injury this holiday season.

Safety Tip 1: Maintain Your Vehicle

Make sure your vehicle is in good working condition during the winter by having a professional tune-up. Check your tires. If the tread is worn, have them replaced. Before you leave home, verify that you have enough fuel in the vehicle to cope with any detours that you might need to take.

Safety Tip 2: Understand Your Route

We know a lot of you rely on Siri, or your phone in general, to be able to get around anywhere. This is completely understandable but instead of plugging it in and going, try taking a few seconds before heading out to really understand how you are actually getting to your destination. By understanding your route, it will help prevent you from getting lost and allow you to focus on the road rather than your device.

Safety Tip 3: Plan For Extra Travel Time

Sometimes your map’s feature “estimated arrival time” can be a bit off. This is especially true during the holiday season. The roads are typically busier than normal, you never know when an accident may cause a huge traffic jam, and it is even more difficult to find a place to park.
So try leaving 10-15 minutes earlier than you normally would to avoid being late to your holiday events this season. But if you are a bit unlucky on the road and running a bit behind, remember it is better to arrive late at an event than driving too fast, getting in an accident, and instead arriving in the hospital.

Safety Tip 4: Use Your Safety Equipment

Holiday joy and excitement is in the air, which sometimes leads to you forgetting the small things. So make sure to turn on your vehicle’s headlights before dusk, so that other drivers can see you on the road. Keep warm clothes in the car in case of an emergency, and do the same for your passengers. A safe car is a happy car.

Safety Tip 5: Have a Designated Driver

When you travel to a holiday party with a group of friends, have a designated driver who won’t drink any alcoholic beverages. With this safety tip, you will have a sober individual to drive you home from the holiday event to avoid any accidents and get you home safely.

Safety Tip 6: Have a Plan B

Sometimes your Designated Driver forgets they are supposed to be the designated driver. In that event, have a Plan B for an alternate SOBER transportation. Today, it is easy to use a smartphone to contact a Lyft or Uber driver nearby and to take you and your friends home. Plus if you’re riding with others, share the costs through those apps, or others, like Venmo.

Safety Tip 6: Focus On the Road

While traveling throughout the holidays, make sure to focus on the road rather than trying to multi-task on your smartphone, talking to passengers, and listening to music. Instead designate a passenger to tell you where to go so that you can watch the road for any impaired drivers potentially swerving into the wrong lanes or those who are driving without any headlights.

Safety Tip 7: Remain Alert For Pedestrians

Remember that more individuals are also walking during the holiday season, so you must remain alert for pedestrians who are walking along the streets, sidewalks, or crossing a designated or undesignated part of the street. Keep in mind, some of these pedestrians may be inebriated and may not make the most sound decisions. Lastly, just because it is winter, does not mean that there are not still some bikers out there. Always keep a lookout for cyclists, and remember, give them 3 feet when you pass.

Call For Assistance

If you are injured in an accident caused by a drunk or impaired driver, contact an attorney right away for a free legal consultation.

Safety Protection Against Falls at Work

Knowing how to properly use and maintain ladders while working is life-saving knowledge to have for safety protection against falls at work – and at home. Daily, within the United States, at least two thousand citizens are critically hurt during the use of a ladder. If you add in the occasional slip and fall occurrence, that number goes up considerably. For a hundred of them, long-term disability or possibly even permanent disability can be the end result due to their injuries.

Fall Protection and Training

Fall protection and training will consistently play key roles in keeping your employees safe. Worker’s compensation insurance premiums increase as more employees file claims. Falls happen every single day and at least one ladder accident causes a person’s death. At that point, you must ask yourself, “What is the cost to someone when told they are permanently disabled, can never work again or worse.” Loss of income alone can be devastating to a family. Effective January 2017, OSHA established updated employer requirements connected to the performance, design, and utilization of fall protection structures. The update raises consistency between construction standards and the general industry.

The majority of industrial companies’ biggest expenses due to employee injuries deal with ladder-related falls. The financial weight can be astounding. The dreadful human cost is even more shocking. With effort, fall protection and prevention, when it comes to a slip and fall, ladders or aerial access equipment, will most likely be a huge focus the future. Think of this scenario. If you were on the cliff of a mountain, would you rather build a fence around the top of that cliff for safety? On the other hand, would you prefer to station an ambulance at the base of the mountain just in case?

All safety equipment is designed with its potential dangers in mind. During the design process the attempt to eliminate all of those red flags. The designers outline everything in their hierarchy of controls. In layman’s terms, they engineer out the danger. If you do not see a path to engineer the danger out, safeguard against the danger. If guarding against it is not possible, then you must properly warn, supply personal protection equipment and adequately train people on its use and dangers.

Technology of Ladders

Many things over the years have improved thanks to technology. The time has long past to improve the safety of ladders. The primary design of conventional ladders has been untouched for centuries. Therefore, it is no coincidence that the rate of ladder injuries has grown in the past decade. Sadly, a team somewhere reviewed the design and decided that the original blueprint of the ladder could not be enhanced. This is why you will see many warning labels on ladders. These visible warnings force safety professionals to schedule a myriad of training meetings. These meetings teach employees to not do things on a ladder that everyone knows they are going to do anyway.

Stepladders actually present their set of special problems. Falls still happen due to over-reaching. They also have compliance rules pertaining to sustaining three points of contact while in use. You should constantly maintain three points of contact when you ascend and descend on a ladder. For example, there should be a combination of two feet and one hand or two hands and one foot at all times. Now, what should you do once you are no longer in climb mode and begin working? Technically, you are still supposed to have three contact points. Most personnel feel it is difficult to work with just one hand. Tying off above certain height levels is also something recommended. Lastly, what do you do when it comes to working on surfaces that are uneven or over stairs? The debate continues.

Aerial safety cages are another means of reaching heights. They are not actually considered ladders and are not scaffolds or power lifts either. Aerial safety cages permit the operator to perform their work in a completely enclosed space. The unit is a height-adjustable platform that is in compliance with all tie off and guardrail rules. This newer type of access equipment is more adaptable than traditional ladders or powered lifts. Aerial safety cages are capable of adjusting for working on stairs or uneven surfaces. They cages are approved for use surrounding live electrical circuits because they are assembled with non-conductive fiberglass rails.

Protection and prevention against a fall on the job begins with understanding how individuals use ladders. Just as important, there needs to be continued concentration on how people injure themselves using ladders. With continued research in this area, there can be real opportunities to designing new and safer products for climbing. If you are hurt or need worker’s compensation answers, Goodin Abernathy LLP can assist you. Call us for a free consultation if you have been injured on the job.