Child Buried Alive

I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Recently there was a report of two boys in their early teens who were injured while playing in a snowbank in a lot used by the town to store snow.

Reportedly, a town employee unknowingly dumped snow on top of the boys, trapping them for hours.

The families of both boys sued the town for negligence, claiming the town failed to properly secure the area and warn about the dangers.

The families’ attorney focused on a lack of warning signs in the complaint filed in court.

It is too soon to know if the suit will be successful.

Sadly these types of injury incidents occur often.

In the wintertime, children can get trapped in a snow bank just like was described in this news report, or they can fall through ice on a partially frozen pond that does not have “no trespassing” signs posted warning people to stay away.

In summer, we often hear reports of children digging in the sand on a beach and having the sand cave in and trap them.

In these situations, the search for a responsible party often will lead to a focus on a property owner or even a homeowners association.

There was a recent situation where a child fell through the ice and a homeowner’s association was held legally responsible for failing to place warning signs about the body of water in the subdivision and otherwise failing to take steps to keep children from venturing out onto the ice.

In the reported case where the town unintentionally dumped snow on playing children, the family may have a more difficult time proving their case against a governmental subdivision than if the target defendant were a private property owner. Government agencies often benefit from governmental immunity for the harm they might cause.

While it’s impossible to make certain that no one will ever get hurt, taking reasonable steps to fence off areas where children might be attracted to come onto the property is important.

Courts have long held that if you maintain what’s called “an attractive nuisance” that encourages children to come onto the property you may be held legally responsible for the harm that befalls the child coming onto the property.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”