An Indiana family has filed a lawsuit against multiple parties after their 14-year-old son was killed in what many news sources are calling a “freak accident.”
It was June 22nd when Nolan Gerwels was playing basketball on an indoor court in his home with his younger sister. The family had a basketball rim installed on the wall for the two to enjoy that was purchased from Dick’s Sporting Goods. While products like these generally don’t carry any hazards with them when used for their intended purpose, they do when they aren’t properly installed or mounted. Unfortunately, that is what the Gerwels family believes happened when the 260-lb. basketball backboard fell on top of their son.
Although Nolan was transported to an area hospital to receive treatment for the head injuries he sustained, that is where he was pronounced dead. Like any family, the Gerwels was devastated. Losing a child isn’t something any parent expects, and many are often consumed with shock that their child is no longer alive. When the family was asked to provide a statement, they said, “this is horrific and overwhelming,” [Source: Fox News].
After some time passed and the family had time to consider the accident that took the life of their son, they decided that it wasn’t a “freak accident,” rather, the incident occurred because of the negligence displayed by several different parties. After hiring an Indiana personal injury attorney, the Gerwels family filed suit against Dick’s Sporting Goods, the manufacturer of the wall-mounted backboard, and two contractors that were hired to install it.
According to the lawsuit, the family is claiming that “Dick’s and Goalsetter Systems, which makes the backboard, did not supply the necessary instructions and hardware to mount the backboard.” The subcontractor who was hired by Century Builders, who also built the Gerwels home, was also listed as a defendant in the lawsuit as the family alleges they “used only six two-inch lag screws and none was drilled into wood studs, only into drywall and particle board.”
The personal injury attorney representing the Gerwels family issued a statement saying, “Contrary to some news reports, Nolan did not die because of a freak accident. Rather, as detailed in the Complaint, Nolan was killed by the reckless, willful, and wanton misconduct of the individual and corporate defendants named in the Complaint” [Source: WNDU].
Naturally, after the parties were made aware of the lawsuit, they weren’t exactly in agreement with the family. In most cases similar to this one, the parties accused of negligence or misconduct often don’t accept the blame for the incident that has occurred. And that is why when an individual believes that they or their loved one was harmed because someone was careless or a product wasn’t made properly, they hire a personal injury attorney to help determine if they have a viable case on their hands.
So, if you believe a company or manufacturer created a defective product that has caused you or a family member to sustain an injury despite the fact that it was used for its intended purposes, call personal injury lawyer Marshall P. Whalley. Our firm, available to work nationwide, will work determine if there any liable parties for the unfortunate accident that has occurred and devise a plan to hold them accountable.
Marshall P. Whalley & Associates, PC is located at:
51 W. 112th Avenue
Crown Point, IN 46307