Chicago Personal Injury Lawyer Blog

A resident's death in a Chicago highrise fire is being blamed on the antiquated structure and an apartment door left open so a pet could escape. The resident died in the Chicago elevator accident, the Chicago Tribune reported. Fires are just one type of premises liability accident that can become more prevalent during the winter months.

In this case, the city did not require the older high-rise building to install automatic fire alarms or sensors that would have prevented the elevators from operating. The Tribune reports aldermen have delayed enforcement of fire reforms. But, in the wake of the accident, city officials are scrambling to push high-rise owners to speed up fire-safety improvements.

Letters are going out to landlords urging them to become compliant with the city's life safety evaluation ordinance in advance of the 2015 deadline. The ordinance had been scheduled to take effect to start the year, however City Council voted last month 49-0 to give high rise owners three more years to install the fire-safety systems in their buildings.

Owners have been complaining about the expense.

The fire department was alerted to the fire shortly after 2 a.m. Surveillance video shows the victim boarded the elevator in the lobby about the same time the 12th floor fire was reported. The 32-year-old victim died when the doors opened and she was hit with 1,500 degree temperatures.

The couple who owned the apartment that caught fire told investigators they propped their door open with a rug so their pets could escape. Firefighters say the open door prevented the fire from being contained to that unit. While the fire did not spread to other apartments, it filled the hallway with heat, gas and smoke.

The 35-year-old, 21-story building was built before 1975, and so did not have a sprinkler system installed. Nor was it required by law to have automatic fire alarms or elevator sensors. The city passed new regulations after a 2003 fire at the Cook County Administrative Building, which killed six people. However, high rises built before 1975 were exempt from the regulations.

Still the building in question is one of hundreds of vintage high rises that had been mandated to make improvements by the start of this year.

Other common causes of winter premises liability accidents in Chicago include slip & fall accidents due to unnatural accumulations of ice and negligent snow removal. Fires are obviously a serious hazard. Whether because an apartment resident does not follow the proper safety precautions with supplemental heaters, or because landlords fail to address unsafe, dangerous or antiquated building conditions.

Our Chicago premises liability attorneys have recently won compensation in several injury cases that occurred on private property. In one case, a homeowner hosed down his porch, creating a solid sheet of ice. The Chicago slip and fall accident resulted in a $100,000 settlement.

Continue reading "Chicago Fire, Elevator Accident, Highlights Winter Premises Liability Concerns " »

Chicago premises liability attorney Gary Annes has resolved a case on behalf of a south suburban resident who slipped and fell on an unnatural accumulation of ice. The ice was formed when a dog owner, in freezing conditions, sprayed down his porch with a hose to clean up dog excrement. Unfortunately, he did this in the dead of winter, creating a hazardous sheet of ice. The Chicago area slip & fall case settled for the defendant's homeowners insurance policy limits of $100,000.

The slip and fall occurred at a townhouse in New Lenox, Illinois on February 15, 2010. The plaintiff was at the home of the defendant. She opened the door to the back patio area of the house and stepped outside to throw away some garbage. Once outside, as she walked to the garbage cans she slipped on a large sheet of ice on the patio, falling to the ground, and landing on her right hand and forehead.

After our client fell, the homeowner admitted that he used the gated back patio area of his home as a dog run. The back patio area was a concrete slab. He further admitted that the day before the occurrence he had hosed off the back patio area to attempt to clear the area of his dog’s waste. Unfortunately, due to the freezing temperatures the water used to clean the patio froze forming a sheet of ice which was then obscured by a light snow. He also admitted that he forgot to put down salt as he had apparently intended.

The claimant had an immediate onset of severe right wrist and head pain. She was taken from the scene of the occurrence to Silver Cross Hospital’s Emergency Department.

Upon arrival at the Emergency Department a history was taken, she was examined and diagnostic tests were performed. She complained of severe right wrist and head pain. She was experiencing dizziness and nausea. Examination revealed a significant contusion to her forehead and an obvious deformity with tenderness to her right wrist.

X-rays of the right wrist revealed a comminuted fracture of the distal radius involving the metaphysic and epiphysis with displacement of the largest distal fracture fragment. The fracture lines extended to the radial carpal joint space. There was widening of the distal radial ulnar joint. There was also a displaced fracture of the ulnar styloid.

Based upon her exam and the results of the diagnostic tests the plaintiff was diagnosed with a right wrist fracture, a closed head injury and post concussion syndrome. Her right arm was placed in a splint to immobilize it, she was given a sling, she was prescribed pain medications and instructed to see an orthopedic surgeon for follow up care of her wrist.

The next day our client was seen by at Parkview Orthopaedic Group. A surgeon took a history, examined her and reviewed her x-rays. The doctor observed swelling and obvious deformity to her right wrist. He put her in a new splint and sent her back to Silver Cross Hospital for a right wrist CT. The CT showed the comminuted fracture of the distal radius with dorsal angulation and displacement at approximately 4 mm of impaction of the fracture fragments with fracture lines extending to the radial carpal joint space and a comminuted fracture of the ulnar styloid.

Based upon the CT results the physician diagnosed the claimant with a four-part intraarticular displaced unstable distal radius fracture to the right wrist and ulnar styloid. The doctor recommended an open reduction internal fixation surgery.

Surgery was performed in February, 2010 at Advocate Christ Medical Center in Oak Lawn. Treatment of the fractures required the implantation of surgical metal, including a plate and screws.

Following the surgery the client continued to follow up with her doctor on a regular basis through August, 2010. On March 9, 2010 her cast and staples were removed and she was put into a splint. She was required to wear the splint at all times except for bathing. She was finally taken off the wrist splint on April 6, 2010. Nonetheless she continued to have limitations including no heavy lifting. The physician gave her a full home exercise program consisting of stretches and exercises to help rehabilitate her wrist. The last time she saw the doctor for her wrist she continued to have some issues when she would place pressure on the wrist or attempt to lift heavy objects.

Despite her treatment, the plaintiff still has pain and discomfort in her wrist. This is especially prevalent when there are changes in the weather, such as cold and damp weather, or when pressure or weight is applied to the wrist such as when she carries groceries or does laundry.

For months after the accident the plaintiff could not do any activity that required the use of her right hand. Even after her cast was removed and she was able to begin to use her right hand and wrist, she continued to experience pain with almost all activities of daily living. Simple activities such as turning a door knob, opening a jar, personal hygiene, putting on her makeup, doing her hair, getting dressed, using a computer, cooking, cleaning, and grocery shopping were very difficult and painful for her.

She incurred medical expenses of just over $30,000 due to the accident. She now has a permanent surgical scar on her right wrist.

Continue reading "Dog poop leads to $100,000 Illinois slip and fall settlement" »

Throughout the remainder of the year and through the holiday season, parking lots will serve as the backdrop for many accidents in Chicago and elsewhere. Shoppers, drivers and pedestrians should be cautious in these areas to avoid an accident.

Our Chicago personal injury attorneys urge residents to be cautious of negligent security, slip and falls, pedestrians, ice and broken sidewalks. Property owners should make sure that their facilities are reasonably safe.

Another hazard in parking lots can be cracks, potholes, unclear parking lot striping, improper signage, garbage and debris. When it gets cold, snow and ice can be additional hazards. Walkways should be clearly marked and properly maintained and signage should be present to help protect pedestrian traffic from vehicular traffic. Property owners should also make sure that their parking lots are well lit.

Pedestrians are at extremely high risks for accidents as man drivers will overlook them when backing up out of a parking spot. As a matter of fact, the National Highway Traffic Safety Administration is looking to require back-up cameras on all new vehicles. Although these cameras would in fact help drivers to see pedestrians walking behind their car, driver awareness is the most beneficial safety precaution in preventing these accidents.

Parents are urged to hold the hands of their young children in the parking lot to help ensure that they're not run over by a reversing vehicle. Every year, there are nearly 300 people killed in these types of accidents in the U.S. Another 18,000 are injured. Approximately 40 percent of these fatalities are experienced by children under the age of 5.

Property owners should also keep parking lots free of hazardous debris and dangerous ground hazards. Potholes, cracks in the sidewalk and bumps in the road place walkers at a high risk for a trip and fall accident. When weather conditions are poor and ice and snow cover the pavement, property owners are required to properly address these conditions to make walkways safe for customers.

To safely accommodate pedestrian traffic, property owners should consider the following:

-Ramps, sidewalks and other walkways should be safely designed and properly maintained.

-Cracks in the pavement and potholes should be repaired promptly.

-Road debris and trash should be removed regularly and dumpsters should be placed away from moving traffic.

-Areas that don't drain well should be fixed immediately.

-Lighting the parking lot is key after the sun sets.

-Address snow and ice immediately after accumulation.

-When there are differences in the height of connecting walkways, they should be highlighted with yellow paint to alert on-foot traffic.

-You should have an incident/accident reporting system.

Continue reading "Parking Lots Witness Many Accidents in Chicago throughout Holiday Season" »

Chicago premises liability attorney Gary Annes has resolved a case for a South Side woman who fell on a defective ramp outside a house she was renting.

The plaintiff was descending the ramp constructed outside the front door of a residence located on South LaSalle Street. As a result of the improper design, construction and maintenance of the ramp, as she was walking down it one of the boards gave way or bent underfoot causing her to stumble. As she began to stumble she attempted to grab for a handrail to steady herself. Again, due to the improper design, construction and maintenance of the handrail it was not located where it should have been and she was unable to grab it. As a result she fell, injuring herself.

Shortly after the occurrence the ramp was inspected by an architect retained by our law firm. She found the ramp and handrail to be in violation of the Chicago Building Code due to the following:

1. The span between the stringers was too large causing the decking to buckle creating a tripping hazard. A third stringer should have been added in the center to properly support the decking.

2. The ramp itself was uneven and far too steep. The Chicago Building Code requires ramps to have a grade of not more than 1 to 8; however the ramp in question had a grade at the north side of 1 to 4.5 and on the south side of 1 to 6. This means the ramp was both uneven and far too steep on both sides.

3. The Chicago Building Code requires ramps having a grade more than 1 to 12 to have a nonslip surface. This could have been accomplished through either a granulated coating or applying nonskid adhesive strips. No such efforts were made.

4. The ramp’s railings were similarly insufficient. The Chicago Building Code requires ramps with a grade of more than 1 to 10 to have handrails and the handrails are required to be between two feet ten inches and three feet two inches above the walking surface. The north and south handrails have heights of three feet three quarter inch and two feet ten and a half inches respectively at the top of their run and terminate into the ground making the heights of each handrail below the minimum requirement for the vast majority of their runs. This makes it impossible for a person who is falling to grab onto the handrail for support.

We argued to the property owner's insurance carrier that these violations created an extremely hazardous and unsafe environment for users of the ramp. Based upon the facts and circumstances surrounding the occurrence, it was clear that the vast majority of fault lied with the defendant property owners.

After the incident our client had an immediate onset of severe right arm pain. She was transported from the scene to the Saint Anthony Hospital Emergency Room.

Continue reading "Illinois slip and fall lawyer obtains $70,000 settlement" »

The weekend collapse of a concert stage at the Indiana State Fair took the life of a Chicago woman and at least four other people. It also injured at least 45 other visitors. The governor is referring to this incident as a "fluke." Four were killed instantly when metal scaffolding fell on top of them. The fifth person was taken to the hospital and was later pronounced dead, according to IBTimes.

A meteorologist for the National Weather Service in Indiana, Dan McCarthy, says that the wind that evening was much stronger than anticipated -- with speeds in excess of 60 to 70 mph. The question in this situation is whether the wind was the sole cause of the accident, or if the weather combined with some type of negligence resulted in fatal injuries to the Chicago resident.

Our Illinois personal injury attorneys understand that outdoor events are very popular for residents and visitors during this time of year. This is also a time when we see more injuries at a number of local parks. The Chicago Park District offers a number of events for us to enjoy throughout summer. Event organizers have a huge responsibility when putting on these events -- it's their responsibility to ensure the safety of visitors. Event organizers are responsible for providing adequate security, crowd control and safe facilities. When corners are cut and the proper safety measures are not executed, deadly accidents can occur.

After the Indiana accident, the remainder of the weekend's activities were canceled. Officials reported that the fair was expected to resume on Monday. There will be a service for the victims of the accident held on August 21st.

"I am so moved," said Jennifer Nettles of Sugarland. "Moved by the grief of those families who lost loved ones. Moved by the pain of those who were injured and the fear of their families. Moved by the great heroism as I watched so many brave Indianapolis fans actually run toward the stage to try and help lift and rescue those injured. Moved by the quickness and organization of the emergency workers who set up the triage and tended to the injured."

Investigations into the accident have not been completed. One of the people killed in the accident was one of the workers employed by the staging company. The Indiana Department of Labor is looking into the accident because the employer did not report the death of the employee. Under Illinois law, a company has eight hours to report a job-related fatality to a 24-hour state hot-line number. According to 6News, Indiana state law does not require that building inspectors check out that type of stage's rigging.

There are any number of instances when safety is the responsibility of the property or business owner. When one of these parties fails to keep visitors safe, a premise liability claim can result. Premise liability claims can be the result of a number of incidents, including improper signage, slip and fall, improperly maintained equipment, falling objects or negligent maintenance. Even if a person is partially responsible for their own accident, the responsibility may still fall on the property owner if they have failed to provide adequate security or have not addressed other potentially dangerous conditions.

Landlords also have responsibility. They are responsible for keeping hazards at bay for tenants and visitors. Collapsing porches have been a problem in Chicago and are often the fault of landlords, who have failed to properly maintain their properties.

If you've experienced an injury at a musical concert, a fair, at a local park or on any property and are considering filing a premise liability claim, you should do so in a timely manner. Waiting too long to take action could result in the loss or deterioration of vital evidence or of your ability to make a claim.

Continue reading "Chicago Woman Killed in Indiana State Fair Stage Collapse -- Raising Concerns of Premise Liability in Illinois" »

We are currently in the middle of the Nation Safety Council's National Safety Month.

June 19th through the 25th is designated to raise awareness of slips, trips and falls. These types of incidents are a common occurrence for personal injury claims in Chicago and elsewhere in the country. As a matter of fact, falls are the number one cause of unintentional injury in the United States. These incidents result in nearly 9 million visits to hospital emergency rooms every year.

Our Chicago personal injury lawyers would like to remind residents that these types of incidents can occur virtually anywhere. Someone can experience a serious injury from falling because of mopped floors, broken sidewalks and parking lots, defective stairways, spills on the floor, unnatural accumulations of ice or snow, or other types of unmarked hazards. Business owners in certain circumstances can be held responsible as it is their responsibility to keep the public safe on their grounds.

The older population, those ages 55 and older, are more prone to being a victim of a serious fall. These falls can change a person's life dramatically and for the worse -- too often diminishing one's ability to lead and active and independent life. Residents in this age group experience four times as many deaths resulting from falls than those in any other age group.

According to the Centers for Disease Control and Prevention, more than 30 percent of adults over the age of 60 will fall. It is these types of falls that can result in serious injury, including, head traumas and hip fractures. These falls can greatly increase the risk of an early death.

Falls may be more common than you think:

-More than 2 million people experienced nonfatal falls that resulted in injury in 2009. These people were treated emergency rooms. More than 580,000 of these people were treated in the hospital.

-There were more than 18,000 older adults that died from injuries sustained from these unintentional falls.

-Falls experienced by people 65-years-old and older make up the leading cause injury death in this age group. These falls are also the most common cause of nonfatal injuries and hospital admissions for trauma.

-The death rates of older adults from falls has risen dramatically over the last 10 years.

-Direct medical costs from these slip and falls cost Nearly $20 billion for nonfatal injuries and nearly $180 million for fatal falls.

How can older adults help to prevent these falls?:

-Have your eyes examines by an eye doctor. Be sure to make an appointment at least once a year to update your eyeglasses to maximize your vision.

-Make sure you exercise regularly. Exercises that focus on increasing leg strength and improving balance are most important.

-Make sure you are getting enough calcium and vitamin D in your diet.

-Be sure that you're regularly screened and/or treated for osteoporosis.

-Make your home is safe as possible by reducing all tripping hazards. You can also add grab bars and railings. It wouldn't hurt to enhance the lighting in your house either.

-Ask your doctor or pharmacist to review your current medicines. Be sure to include both prescription and over-the counter medicines. Consulting with a physician can help to reduce side effects and interactions that may cause dangerous dizziness or drowsiness.

Continue reading "National Safety Months Aims to Reduce Risks of Slip and Fall Accidents in Chicago and Elsewhere" »

A Chicago police officer was hurt on Wednesday morning after being involved in an Illinois pedestrian accident, according to the Chicago Tribune. A driver allegedly struck the officer while turning his vehicle in an attempt to avoid a traffic safety check. After the collision, the motorist fled the scene of the accident.

The police officer, a 19 year veteran who works out of the near north police district, was in the middle of a traffic stop when he was hit around 2:10 AM in the 1500 block of N. Sheffield Ave. The offender was driving a Jaguar in the Goose Island neighborhood near several nightclubs and taverns.

The injured officer was taken by ambulance to Northwestern Memorial Hospital where he received medical care for serious injuries to his legs.

The at fault driver was taken into police custody after a police chase that ended in the 3000 block of S. Princeton Ave., more than 5 miles from the scene of the accident. Police reportedly discharged their weapons during the chase, but it has not been reported if the motorist was hit by gunfire. The driver was injured, but a Fraternal Order of Police spokesperson on the scene said the injuries might have been from a shattered car window.

Criminal charges have not yet been filed. Depending on the severity of the injuries, it is very possible that the state's attorney's office could file felony charges.

Hit-and-run accidents continue to be an issue in the Chicago area and throughout the State of Illinois. Drivers flee accident scenes for variety of reasons, some because they have no auto insurance, some because they are under the influence of alcohol or drugs, some because they are just scared and panic.

In this case, the decision to avoid a routine safety check was very poor judgment on the driver's part. If he had stopped for the safety check, he most likely would have received a minor traffic citation, if even that. But his decision to flee now will have serious consequences, and even a possible incarceration. Further, the injured police officer will likely pursue a civil claim against the driver and his insurance carrier.

If involved in an accident where you are at fault, it is always the smart move to stay and exchange information with the other driver and make a police report, as required by law. When drivers flee the scene of an accident, it only makes matters worse. What starts as a minor moving violation and a claim against your insurance carrier can sometimes turn into a significant crime.

Just this week the Illinois car crash lawyers at Abels & Annes signed on to represent a pedestrian that was injured in a Chicago hit-and-run accident. The accident took place on June 12 just after 1:30 AM in the 4300 block of N. Mozart St.

Our client had just exited the vehicle when in impatient driver try to pass by without waiting, and struck our client with his vehicle. Unfortunately, the pedestrian sustained significant injuries.

He was seen at Swedish Covenant Hospital for severe neck pain. Several CAT scans were taken, which showed he sustained a spinal fracture collision. The client is now following up with an orthopedic physician in Chicago.

STORY UPDATE: 6/15/2011, the Chicago breaking news center is reporting that the hit-and-run driver, a 32-year-old Chicago man, is been charged with attempted murder of a police officer, aggravated battery to a police officer, aggravated fleeing the scene and eluding police, resisting arrest and many other moving violations.

Chicago police were performing a seat belt check when they saw the defendant was not properly belted and instructed him to pull over. The defendant then drove his Jaguar into a police officer that was in uniform. The officer was thrown onto the hood and held on as the vehicle pulled away. The Jaguar then made a sudden turn and the officer was thrown into the street.

The hit-and-run driver had an outstanding warrant on a bribery and weapons charge, and was also driving on a suspended license. This is likely the reason why he tried to flee the scene.

Illinois premises liability attorneys from Abels & Annes, working with co-counsel, have filed a negligence lawsuit in the Circuit Court of DuPage County. The claim arises out of an incident that occurred back in June, 2009 in Winfield, Illinois.

Our client was walking from a parking lot to a professional building within a freshly painted crosswalk on privately owned property. There she stepped into a large hole in the crosswalk, causing her to fall and injure herself. The hole was difficult for the plaintiff to see, as it had been painted white as part of one of the lines of the crosswalk.

The property owners had knowledge of the dangers condition, as they had recently pain in the crosswalk, and in doing so actually painted the hole itself. They failed to correct the dangerous condition and further failed to place any notices or provide any warnings of the dangerous condition.

The defendant owned, operated, managed, maintained and controlled the premises and was further responsible for providing a safe environment and a safe means of ingress and egress to and from their facilities.

After the plaintiff fell, she had an immediate onset of pain to her left ankle, right leg, right hand and right shoulder. She was treated shortly after the fall at Central DuPage Hospital's emergency room.

Upon arrival at the Emergency Department a history was taken, our client was examined and diagnostic tests were performed. She complained of right shoulder and elbow pain, right shin pain and left ankle pain. She was initially diagnosed with a sprain/strain of the right shoulder, sprain/strain of the right elbow, contusion to the right shin and a sprain/strain of the left lateral malleolus. She was prescribed pain medication, an aircast was applied, she was given crutches to assist mobility and was instructed to seek follow up treatment after discharge.

Over the next day or so the client's pain worsened. She sought follow up treatment on June 25, 2009 with her primary care physician. She reported a popping in her right knee and pain in both shoulders. The doctor prescribed medication and a course of physical therapy.

After completing her physical therapy the plaintiff followed up with her physician on October 12, 2009. At this time she continued to have severe low back pain that radiated down her lateral thigh to her knee that was affecting her activities of daily living. Do to her ongoing symptoms the doctor ordered a lumber MRI.

Our client underwent a lumber MRI on November 6, 2009. The MRI revealed a disc protrusion at L4-5; and a disk protrusion at L5-S1 compressing on the nerve root. She saw her physician for follow up after the MRI on November 12, 2009. He prescribed another course of physical therapy but noted that if her symptoms persist she will need epidural injections and ultimately a spinal fusion.

Following her second course of physical therapy she returned to her doctor with continuing complaints of low back pain radiating into both of her legs down to her knees. Due to her ongoing symptoms the physician prescribed a course of lumbar epidural injections. A different physician performed lumbar epidural spinal injections on her on February 19, 2010, July 7, 2010 and August 11, 2010.

Following the course of epidural injections our client returned to her doctor on October 14, 2010. Despite the interventional treatment she continued to suffer from constant low back pain radiating into her right leg. Based upon her ongoing pain the doctor recommended surgical intervention, a spinal fusion at L5-S1.

The plaintiff wants to avoid surgery if at all possible. However, due to the chronic and permanent nature of her injury her physician believes that she will eventually undergo spinal fusion surgery. Even with surgery she may continue to suffer from permanent pain and disability.

As a result of the accident, our client sustained over $23,000 in medical bills, plus it is estimated that her future cost of surgery will be in the area of $45,000.

Due to the defendant's unwillingness to make a fair and reasonable settlement offer, a lawsuit was filed to maximize the plaintiff's financial recovery.

If you have been injured in a trip & fall or a slip & fall accident due to a property owner's negligence, contact the premises liability attorneys at Abels & Annes for a free consultation. Call 312-399-8988 to speak directly to a lawyer now.

A three-year-old boy from Dalton has died in an Illinois premises liability accident on Saturday after falling from a children's roller coaster, according to the Naperville Sun. The accident occurred around 7 PM at an establishment called Go Bananas, which is described as a family entertainment center located at 4516 N. Harlem Ave. in Norridge, Illinois. The toddler was pronounced dead at the scene.

An autopsy was performed on Sunday and it showed that the boy died of multiple injuries sustained in the accident. Further, his death has been ruled an accident.

Is being reported that the victim and his twin brother were riding a small roller coaster when the child somehow freed himself from a safety bar and then became stuck between two cars, and then fell 3 or 4 feet from the moving coaster.

The owner of the facility, who was not present at the time of the accident, as stated that he plans on cooperating 100% through the investigation.

It has not been reported if a Chicago premises liability lawyer is involved in the case or if a civil lawsuit has been filed by the victim's family.

Click here to read the story as reported by Fox news and the New York Daily News.

Illinois premises liability attorneys at Abels & Annes have resolved a Cook County personal injury lawsuit for $72,500.

The case arises out of a trip and fall that occurred back on October 9, 2008 at an indoor soccer facility in Chicago. Our client was playing soccer when he tripped and fell over a ridge/bump in the playing surface that was similar to bunched up carpeting approximately 2 inches in height.

The lawsuit alleged that the playing surface should have been flat even and that precautions should have been taken to ensure the surface remained good condition, such as reasonable inspections and repair. Further there were no signs or other warnings posted to notify players of the condition.

Immediately after the Chicago trip and fall accident, the plaintiff developed left ankle pain. Other soccer players took our client to Northwestern Memorial Hospital for treatment. X-rays at the ER revealed our client sustained a fractured ankle. Due to the severity of the fracture, our client had to undergo surgery to repair the ankle.

If you've been injured in a Chicago trip and fall accident or an Illinois slip and fall incident, contact the premises liability attorneys at Abels & Annes for free consultation. Call 312-924-7575 to speak directly to a Chicago personal injury lawyer now.

Chicago premises liability attorneys at our office reported last week that a toddler was seriously injured in Joliet after falling down an elevator shaft in a hotel. The Naperville Sun is now reporting that a switch that was used by the child to open the elevator door should have been locked at the time of the accident.

The safety issue was disclosed by Joliet's chief building inspector, who is stating that the failure to have the switch locked was a code violation. He also stated that the switch should have been shielded or should have required a key to work.

Elevators in Joliet are reportedly inspected by private companies that are licensed by the state, and not inspected by the city itself. Due to this accident, the fire marshal has temporarily suspended the licenses of two inspectors as it continues to investigate this Joliet elevator incident.

The two-year-old boy was injured when he walked out of a room, got into the elevator and began pressing buttons. At some point he flipped emergency switch and the elevator stopped between floors and the doors opened. This created an opening that the boy went through and then fell 30 feet into the basement.

The child survived and is being treated for his injuries at Children's Memorial Hospital in Chicago.

It is not been reported if a Chicago personal injury lawyer is involved in the case yet or if a civil lawsuit has been filed.

An Illinois premises liability accident has resulted in severe head injuries to a toddler that were suffered in a fall down an elevator shaft at a Joliet Hotel, the Chicago Sun-Times is reporting. The boy, who fell approximately 30 feet on Sunday afternoon at a hotel located at 26 W. Clinton St., was airlifted from Joliet’s Silver Cross Hospital to Children’s Memorial Hospital in Chicago and is expected to survive.

Guests heard the boy crying from the elevator and the desk clerk called the police for help. The elevator was stopped between the first and second floors and was not moving.

Video footage shows the child left his third floor room and went to the elevator, followed by his mother who brought the boy back to the room. A few minutes later, the video shows the boy going to the elevator and pressing the call button. He entered the elevator and began pushing buttons.

A Joliet police officer noted that there was an emergency switch inside the elevator that stops the car as soon as it is pushed. The doors to the elevator car open when the emergency button is triggered but the doors to the outside hallway do not. Authorities believe the two-year-old pushed the emergency button between floors one and two.

An officer noted that there was a 10-inch gap between the elevator and the shaft when the emergency button was used. It is believed that the boy fell approximately 30 feet down this gap to the bottom of the shaft in the basement.

The incident is under investigation but no charges have been brought at this time.

Click here to read the story as reported by the Chicago Tribune and ABC News.

Parking lot safety and pedestrian accidents in Chicago are in focus as shoppers prepare for Black Friday and the holiday season beyond.

As we reported earlier this month on our Chicago Personal Injury Lawyer Blog, early dark and the arrival of winter weather both increase the risk of Chicago pedestrian accidents. Nationwide, 4,378 pedestrians were killed in accidents in 2008, according to the National Highway Traffic Safety Administration. Fatal Illinois pedestrian accidents claimed 135 lives.

The holiday shopping season and parking lot hazards carry their own risk of injury. Parking lot pedestrian accidents, backover accidents and slip and fall accidents are a few of the common dangers. Premise liability accidents may also occur from overcrowding, wet and slippery floors and merchandise falling from high shelves.

Shopping and Parking Lot Tips for Illinois Drivers:

-Park in a well-lit area as close to your destination as possible.

-Close your windows and lock your doors.

-Do not leave presents or valuables in plain view.

-Remember where you parked your car.

-Shop with a friend or family member.

-Condense items into one or two bags instead of carrying many bags through the parking area.

-Purchase most expensive items at the end of the day to avoid carrying them around or leaving them in the car.

-Have keys ready when walking to your car.

-Be aware of your surroundings.

-Lock doors after getting into the cars.

-Pay particular attention when backing up.

-Follow parking lot signs and pavement markings -- go with the proper flow of traffic.

-Beware loose shopping carts.

-Pay particular attention to small children.

Continue reading "Holiday shopping hazards include Chicago parking lot accidents, slip and fall hazards, premise liability" »

Illinois injury lawyers at Abels & Annes have filed a lawsuit on behalf of a local resident that was injured in a dog attack. The suit was filed in the Circuit Court of Cook County.

At issue is an injury that occurred back on July 24, 2009. The plaintiff was taking out the trash outside his residence in an alley. At that time he heard growling and turned to see a very large dog chasing after him. To avoid serious injury our client was forced to jump over a nearby fence and upon landing he suffered a serious fracture to his arm and dislocated his elbow.

The defendant dog owner was a nearby neighbor. The yard is fenced where the dog is kept, however the fence was in disrepair, the rear gate was often left open, and the dog was often let out into the yard without being chained. It was known in the neighborhood that the animal would often get loose and many complaints have been made to police in the past.

Under the Illinois Animal Control Act, the dog owner is responsible for all injuries caused by the animal. The plaintiff is alleging that the defendant failed to adequately restrain, chain, fence and/or control his dog, and that said negligence caused severe injuries to our client.

Immediately after the accident an ambulance was called. The plaintiff was taken to the emergency room at Metro South Medical Center. There he was diagnosed with a dislocated elbow and a fractured ulna. It was determined that an open reduction internal fixation surgery would be necessary to repair the fracture. Surgery was performed the same day.

Due to the accident, our client incurred over $37,000 in medical bills.

If you have been injured in a Chicago area animal attack, contact the Illinois premises liability attorneys at our firm for a free consultation.

Our Chicago injury lawyers urge you to stay safe during Halloween week, which historically has been among the nation's most dangerous for car accidents and other types of injury mishaps.

Authorities will be looking for drunk drivers during a nationwide "Over the Limit. Under Arrest" campaign from Oct. 25-31. In the past 10 years, drunk drivers have caused more than half of the nearly 5,000 traffic fatalities during the week of Halloween, according to the National Highway Traffic Safety Administration. And, while nighttime is always a dangerous time to be on the road, Halloween night is frequently one of the year's deadliest.

Children, teenagers and adults are also at high risk of being injured in a Chicago pedestrian accident or premises liability claim involving anything from a slip and fall accident to a dog bite.

The American Academy of Orthopedic Surgeons reports that Halloween is among the holidays with the highest number of emergency room visits. Finger and hand injuries are the most common, while the most likely to be injured are those ages 10 to 14.

The following safety tips may help you and your family stay safe this Halloween:

-Use knives specifically designed for pumpkin carving -- not kitchen knives. And never let a child carve pumpkins.

-Be mindful of fire hazards when lighting jack-o-lanterns. Use non-flammable light sources, such as glow sticks.

-Keep Halloween costumes light and bright so children are easily seen by motorists and other pedestrians. Use reflective tape for even better visibility.

-Costumes should fit properly and be flame resistant. Be sure masks, hats and face paint do not obstruct vision. Costumes may present a trip hazard if they are too long and should be trimmed appropriately.

-Trick-or-treaters should only approach houses that are well lit. Children and parents should carry flashlights.

-Be aware of dogs.

-Carry a cell phone in case of emergencies.

Continue reading "Chicago car accidents, pedestrian accidents just two of the many dangers during Halloween Week" »

The Daily Herald is reporting that a woman injured in a Cary, Illinois porch collapse will receive a $1 million settlement to compensate her for her injuries. The woman suffered a serious ankle fracture and multiple abrasions when her backyard deck collapsed. Surgery was required to repair the fracture, and another surgery will be needed in the future. A homebuilder from Lombard has agreed to pay on the claim.

The plaintiff filed a premises liability lawsuit in 2009 against the homebuilder for negligent work that did not comply with the village's building code, which required the defendant to use lag bolts on unattached decks. The attorney for the plaintiff stated the deck had been put together with only nails.

The victim's Illinois premises liability attorney, Francis Murphy of Corboy & Demetrio, stated that the deck tore away from the back of the home, which is located in the 300 block of Oakmont Drive, as the plaintiff stepped onto it from her kitchen.

The settlement was just approved by a Judge in McHenry County, Illinois.

Last month there were two separate Chicago area porch collapses that occurred on the same weekend, sending many to area hospitals. One accident occurred in the City Chicago, and the other in suburban Tinley Park.

Click here to read more about Illinois premises liability cases.

Gov. Pat Quinn has proclaimed September to be Campus Fire Safety Month in Illinois, urging students, schools and landlords to ensure fire safety as the new school year begins.

More than 100 students have died in off-campus fires in the last decade and many more have been injured, according to the Illinois State Fire Marshal. Illegally divided apartments or campus-area apartments without adequate fire protection or emergency exits are a common danger. A Chicago injury lawyer or wrongful death attorney can assist students and families in the wake of a serious or fatal fire.

Landlords have an obligation to provide secure properties; adequate fire protection is just one example. Safe porches and stairways are another. As we reported on our Chicago Personal Injury Lawyer Blog, several people were injured over the weekend in accidents involving collapsing porches.

In making the announcement, the governor pointed to the case of Tanner Osborn, a 22-year-old college student who died along with two other classmates in a 2005 Chicago apartment fire. The apartment had no working smoke detector. Tanner's mother started "LOOK UP! Pay it Forward" as a way to remind students to look up for working smoke detectors in all student housing. Once a year, the program focuses on one university to get the word out.

This year's effort will be at Western Illinois University in Macomb on what would be Tanner's 28th birthday. Volunteers will join the Macomb Fire Department and students in passing out smoke alarms and fire prevention material.

Fire Safety Tips

-Test windows and doors to ensure they open.

-Practice alerting other members of an apartment or home.

-Install working smoke detectors.

-Post emergency numbers near telephone.

-Make sure you have a safe method of escape in all situations.

-Keep portable heaters at least three feet away from anything.

-Remain vigilant with smoking materials; never smoke in bed or while sleepy.

-Be careful while cooking -- have a working fire extinguisher.

Continue reading "Fire prevention effort highlights Chicago apartment injuries, landlord liability" »

A Chicago porch collapse that occurred early Sunday morning on the North Side has injured at least four people, according to the Chicago Tribune. City officials are already saying that the porch was not up to code. Also, Chicago Buildings Department spokesman Bill McCaffrey stated that the porch was several decades old.

Around eight people were on second level of the rear porch when it became separated from the building and collapsed. The building is located in the 3700 block of N. Ashland Avenue. The City has had no prior complaints about the structure. Further, because the building is only 2 1/2 stories tall, it is not required to undergo annual inspections under the building code.

Four people that were injured in the collapse were taken to Illinois Masonic Medical Center. One of the victims was in serious-to-critical condition, while the others were in fair-to-serious condition. Four other people refused medical treatment.

While it has been a while since Chicago area porch collapses were in the news, there were actually two separate collapses this weekend. The other collapse occurred in south suburban Tinley Park on Saturday. 11 people were hurt in that accident.

ABC News is reporting that the Tinley Park collapse occurred in the Odyssey Club subdivision. Several people were standing under a second story wood deck of a townhouse when it collapsed around 5:30 PM. It is reportedly not yet known what caused the collapse. The deck was about 10 feet off the ground and was located in the 0–100 block of Iliad Drive.

The people injured in the accident were taken to St. James Hospital in Olympia Fields. None of the injuries are supposed to be life-threatening. Most of the injured were senior citizens.

It has not been reported if Chicago premises liability lawyers are involved in either case yet.

A Chicago personal injury and wrongful death law firm has been retained by the husband of the SeaWorld trainer who was killed by a whale in February, according to NBC2 in Orlando.

Dawn Brancheau was pulled into a pool and drown by a whale named Tilikum. Some media reports indicated the animal had a history of aggression.

Earlier this week, the Occupational Safety and Health Administration announced a $75,000 fine against SeaWorld in connection with the trainer's death. OSHA is the federal body charged with investigating serious and fatal work accidents. The government agency found SeaWorld committed a "willful" violation, meaning the company demonstrated indifference and intentional disregard for the safety of employees.

When a worker is injured, a Chicago injury attorney should always be consulted to ensure that your rights are protected.

The NBC station quoted an Orlando attorney as saying the case would be difficult to win because an employee can only sue for wrongful death in Florida if they fit into a narrow exception to the worker's compensation statute where they show that the employer knew there was virtual certainty of injury or death to an employee.

The question is whether working with this killer whale meets the exception under the law.

"SeaWorld recognized the inherent risk of allowing trainers to interact with potentially dangerous animals," said Cindy Coe, OSHA's regional administrator in Atlanta, Ga. "Nonetheless, it required its employees to work within the pool walls, on ledges and on shelves where they were subject to dangerous behavior by the animals."

OSHA found the animal in question was one of three killer whales previously involved in the death of an animal trainer in 1991 at Sea Land of the Pacific in Canada. SeaWorld had reportedly forbidden trainers from swimming with the whale because of its past behavior but still permitted park employees to touch the whale and remain in close proximity during training and live shows.

"All employers are obligated to assess potential risks to the safety and health of their employees and take actions to mitigate those risks," said Les Grove, OSHA's area director in Tampa, Fla. "In facilities that house wild animals, employers need to assess the animals under their care and to minimize human-animal interaction if there is no safe way to reliably predict animal behavior under all conditions."

O'Connor & Nakos is the Chicago personal injury law firm that was hired by the family.

A Chicago taxi cab accident injured at least four people after a cab crashed into a downtown convenience store, the Breaking News Center reported.

The accident happened about 10:30 p.m. Tuesday night. The taxi was involved in a two-car accident at the corner of Adams Street and Wabash Avenue when the Crown Victoria crashed through the 7-Eleven's front windows.

A Toyota Camry was also involved and slammed into a large newspaper vending machine nearby. No one was struck inside the store, according to the Chicago Fire Department. The taxi came to a stop near a display inside the store.

Both drivers were transported to area hospitals in fair-to-serious condition. The city's Department of Buildings was called to the scene to assess the severity of the building's damage.

Our Chicago accident attorneys see these types of accidents on a fairly regular basis. As we reported last month on our Chicago Personal Injury Lawyer Blog, eight people were hospitalized after an SUV jumped a curve and slammed into Petterino's Restaurant on North Dearborn Street downtown.

It was the third time the restaurant was struck in little more than a year.

Last July, we reported an accident that occurred when a motorist drove through the front of a Curves Fitness Center.

Continue reading "Chicago car accident sends taxi careening into downtown convenience store" »

The Chicago injury lawyers at Abels & Annes wish each of you a safe and enjoyable Fourth of July weekend. In preventing injuries over the holiday, we encourage you to leave the fireworks displays to the professionals, drink responsibly and don't drink and drive, practice safe boating and driving habits and speak with your teenagers about staying safe and making good decisions.

Drink Responsibly and Don't Drink and Drive
As our Chicago accident lawyers report frequently, drunk driving is responsible for one-third of Chicago car accidents as well as accidents in Cook County and throughout Illinois. Nationwide, someone dies every 45 minutes in a car accident involving a drunk driver. In Illinois, 434 of 1,043 fatalities involved alcohol in 2008, according to the National Highway Traffic Safety Administration.

Safe Boating

The U.S. Coast Guard reported 4,789 accidents killed 709 boaters and injured more than 3,300 in 2008. The leading causes of boating accidents include careless and reckless operation, operator inattention, no proper lookout, operator inexperience and passenger/skier behavior. Alcohol use is a factor in nearly 1 in 5 boating fatalities. In 2008, a total of 119 Illinois boating accidents were reported, killing 19 boaters and injuring 79.

Visit the Illinois Department of Natural Resources for more information on safe boating and boater education.

Teen Driving Safety
We offer a host of safe teen driving information, both here and on our Chicago Car Accident Lawyers Blog. Please take the time to speak with your teenagers about the importance of making good driving decisions this summer.

Fireworks Injuries
The safest way to enjoy fireworks this weekend is by leaving the displays to the professionals. Fireworks injuries are not an abstract concept -- they are a tragically regular occurrence during the New Year's and Fourth of July Holidays.

-In 2006, 11 people were killed and more than 9,200 were treated in emergency rooms for fireworks-related injuries, according to the Centers for Disease Control and Prevention.

-More than two-thirds of fireworks injuries occur around the Fourth of July.

-One-third of those injured were children under 15. Young people under 20 sustained nearly half of all fireworks injuries.

-The most frequent injuries reported involved the hands (2,300), eyes (1,500) and the head, face and ears (1,400).

-More than half of all injuries involve burns. Other common injuries include contusions, lacerations and foreign objects in the eyes.

-Fireworks injuries are associated with blindness, third-degree burns and permanent scarring. Life-threatening residential and motor-vehicle fires are also reported.

-Firecrackers caused the greatest number of injuries (1,300) followed by sparklers (1,000) and rockets (800).

-More than one-third of fireworks related deaths involve professional devices that are illegally sold to consumers.

-Common causes of fireworks injuries include availability of high-grade fireworks to the consumers, being too close to fireworks, operator error and lack of coordination, child curiosity and experimenting with homemade devices.

Continue reading "Chicago injury lawyers wishing you a safe and enjoyable Fourth of July" »

Eight people were hospitalized after an SUV jumped the curve and slammed into a restaurant's outdoor seating area, the Chicago Breaking News Center reported.

The Chicago accident happened outside Petterino's Restaurant on North Dearborn Street. The vehicle was northbound on Dearborn when it made a wide turn and hit people eating outside. It's the third time the restaurant has been struck by a vehicle in little more than a year.

We reported last April on our Chicago Car Accident Lawyers Blog that the restaurant was damaged after an Ace taxicab crashed into it shortly after lunch. Nobody in the restaurant was hurt during that incident although passengers in the cab suffered injuries. Police reported that accident happened when the cab swerved to avoid another vehicle and lost control. The restaurant was struck again on May 20.

While no one was seriously injured in those accidents, Wednesday's accident sent two people to the hospital in serious-to-critical condition. Two others were listed in fair-to-serious condition and four were in fair-to-good condition, according to police.

These accidents are a fairly common occurrence in the Chicago area. In July, we reported an accident involving a vehicle that crashed through the front of a Curves Fitness Center. Customers who are injured in an accident on business property should contact a Chicago injury attorney to discuss their rights.

The Southtown Star reported that one or more Chicago pedestrians were also injured in the accident.

The deadly assault of a Chicago customer in a CVS drugstore is under investigation and the store manager will not be allowed to return to work until the probe is completed, the Breaking News Center reported.

The customer was suspected of shoplifting.

"We are investigating this unfortunate incident and are fully cooperating with police," CVS spokesman Michael DeAngelis said. He refused to discuss company policy regarding the handling of customers suspected of shoplifting, according to the Tribune. The store manager declined to comment.

Chicago police have indicated they will not charge the employee, who put the 35-year-old customer in a chokehold. The customer's death has been ruled a homicide by the Cook County Medical Examiner's Office.

The victim's ex-wife expressed anger and frustration over his death as a result of a minor shoplifting allegation. She said the man was accused of stealing toothpaste and crayons and disagreed with the decision by police not to press charges.

"How's it accidental?" Balboa said. "You're choking the [expletive] out of somebody. He should be fired. He should be facing criminal charges. You don't take someone's life over toothpaste."

The incident occurred at about 11 a.m. Saturday at the CVS Pharmacy located in the 2600 block of South Pulaski Road. Authorities say he was chased out of the store and fell unconscious during a struggle with the employee in an alley next to the building.

Our law firm recently settled a case against a Chicago area store in a similar incident. In our case, a store employee chased down an alleged shoplifter outside the store and repeatedly struck our client with a blunt object. Our plaintiff sustained multiple facial fractures and head injuries.

It has not been reported if the victim's family has yet retained a Chicago injury lawyer to pursue a civil case against CVS.

Click here to read the story as reported by the Chicago Sun-Times and NBC News.

A worker was killed last week and another injured in a Chicago construction accident that occurred in the Loop, ABC 7 reported.

The victims are employees of People's Energy and were conducting an underground test at Jackson and Wacker Drive when the Chicago work accident occurred shortly before 2 a.m. Wednesday afternoon. They were testing a 20-inch main when a steel pipe slipped and struck both workers, who were in a construction hole across the street from the Willis Tower.

Three ambulances responded to the scene at 1:45 p.m. after reports of workers trapped following an explosion, according to the Chicago Sun-Times.

Initial reports of a gas explosion were countered by a Peoples Energy representative, who said the employees were using compressed air when the accident happened and that no natural gas was involved.

The Chicago fire department said both employees were critically injured and were transported to Cook County Hospital.

"The two employees were in the performance of their duties, they were testing a pipe and an accident occurred," Peoples Energy representative Bonnie Johnson told ABC7.

Witnesses at the scene said the fire department apparently extracted the surviving victim quickly but had to work feverishly to extract the worker who was fatally injured after being trapped in the hole.

The surviving victim remained in critical condition at Cook County Hospital.

Chicago premises liability lawyers from Abels & Annes have settled a claim for a Lake County, Illinois resident that arose from a slip & fall on ice that occurred on February 12, 2009 at Citgo gas station and car wash.

Our client went there for a car wash and afterwords he pulled his car out and away from the wash. He put his car in park and exited the car to fix an exterior mirror that had been pushed in by the car wash.

As he exited his vehicle, he slipped on a sheet of ice with his first step out of his car. Once outside his vehicle he could see that water leaking from the car wash had resulted in a sheet of ice that caused him to fall. There were no barricades or warnings of any kind to alert customers of the dangerous condition created by your insured.

Immediately upon falling the plaintiff had an onset of severe hip pain. He was unable to get up on his own and was assisted by another patron. An ambulance was called and he was transported to Lake Forest Hospital’s Emergency Department.

Upon arrival at the Emergency Department he complained of excruciating right hip pain. A history was taken, he was examined and diagnostic tests were performed. He was diagnosed with a comminuted displaced right intertrochanteric hip fracture requiring surgery.

The client was admitted to the hospital and surgery was scheduled for the next day. The surgical procedure was a closed reduction of the right intertrochanteric/subtrochanteric femur fracture with open internal fixation using synthes trochanteric fixation nail system. This resulted in the implantation of substantial surgical metal, including guide pins, fixation nail and screws.

Following his surgery he was evaluated for physical therapy and begun on a course of therapy to work towards healing. Upon discharge he was transferred to Manor Care nursing facility for continuing physical therapy and pain control.

After his discharge from Manor Care he received physical therapy at home and continued to follow up with his surgeon. Additionally, due to his injuries he was unable to drive following the incident. He was only release to drive after April 27, 2009.

Indiana Insurance insured the gas station and paid on the claim. The case settled pre-litigation and the client was saved the expense of a lawsuit.

Black Friday will begin the holiday shopping madness. Enjoy yourself but keep safety in mind.

The Chicago car accident lawyers and the personal injury attorneys at Abels & Annes wish everyone a happy holiday and safe shopping. But with more than half of annual retail sales expected between now and the end of the year, heavy traffic, big crowds, overstocked stores and poorly lit or maintained parking lots all present risk of serious injury.

Malls, store owners and retail outlets have a duty to provide a safe environment. Store events deliberately promoted to draw large crowds can pose a danger to customers seriously injured by falling merchandise, dark or faulty stairwells and parking lots, as well as other hazards, including pedestrian accidents and car accidents occurring in parking lots.

In fact, the Occupational Health and Safety Administration has issued guidelines for businesses dealing with large crowds during the holidays.

"Crowd-related injuries during special retail sales and promotional events have increased during recent years," said Jordan Barab, acting assistant secretary for OSHA. "Many of these incidents could be prevented, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season."

The Illinois Attorney General has released the 2009 Safe Shopping Guide, which includes 121 recalled children's products.

And keeping safety in mind while in parking lots can go a long way toward keeping you and your family safe this holiday season.

-Drive defensively
-Turn on headlights for safety
-Park in a well-lit area
-Turn off the radio
-Get off the phone
-Drive slowly
-Take a second look behind you before backing
-Watch for pedestrians, kids, parents with strollers
-Be alert for other hazards, like rolling carts
-Park at the end of an aisle
-Park properly centered in your space
-Pull through into the abutting open space
-Park next to a nice car
-Pay attention when walking
-Put your cart away
-Pay attention to stop signs and obey all traffic signs

Continue reading "Shopping safety can prevent Chicago car accidents, pedestrian accidents and other holiday hazards" »

A Chicago nurse was scheduled to appear in court Tuesday on charges that he sexually assaulted a patient at a North Side hospital, according to NewsRadio 780.

The Chicago sex abuse case reportedly occurred at Weiss Memorial Hospital in February.

The 48-year-old accused nurse, who lives on North Kostner Avenue in Sauganash, is charged with criminal sexual abuse and was arrested at about 7 a.m. Monday at the hospital, according to police.

The reported incident occurred on Feb. 12 and involved a 57-year-old woman being treated in the emergency room, police reported. The accused male nurse allegedly injected the patient with morphine and sexually assaulted her.

The hospital issued a statement the next day saying the nurse had been placed on paid leaving pending the outcome of the investigation.

“Our preliminary hospital investigation shows that the proper chain of command regarding notification and investigation was followed correctly. Patient safety, as well as the safety of our employees, is a top priority at Weiss,’’ the February statement read.

However, the Chicago Breaking News Center reported the accused nurse was working at the hospital until being suspended following his arrest on Monday.

The Lollapalooza music festival in Chicago's Grant Park is drawing more than 75,000 people a day this weekend. (Attorney Gary Annes of Abels & Annes attends Lollapalooza almost every year).

The Chicago Tribune blog reported the death of a 39-year-old concert goer on Friday. Rain followed by searing heat may have caused the man to collapse near the stage.

The personal injury and wrongful death lawyers at Abels & Annes know that serious injury at such large concerts are a frequent occurrence and are often reported as the fault of the fans in attendance. But injuries can also result from the negligence of a concert promoter or employee, leading to a premise liability claim to recover damages.

Premise liability lawsuits seek to recover damages for innocent parties who are injured as a result of negligent concert planning and/or the negligent actions of concert workers.

The emphasis on concert safety hit the news in the days leading up to Lollapalooza after a stage collapsed at the Calgary Alberta Music Fest, according to the Chicago Indie Music Examiner.

Of course there are numerous examples of high-profile tragedies at rock concerts: The 1969 free Rolling Stones show at Altamont Speedway where security, which turned out to be hired gang members, kicked a man to death; Pearl Jam’s Denmark fan stampede which trampled eight people near the stage; Great White’s pyrotechnic accident in Rhode Island that killed 100 and led to premise liability lawsuits that recovered millions in damages.

And each year Lollapalooza makes news for the show -- three days, eight stages and more than 130 bands -- and accidents and injuries among concert goers. The Music examiner reports attendants at rock concerts are 2.5 times more likely to be injured than at other music shows.

The study also reports that most common accidents are dehydration, dislocated joints, bumps, bruises, breathing problems and fainting. Even classical music shows have their fair share of injuries and have the highest rate of heart attacks or cardiac arrest. Gospel/Christian shows hold the record for the most visits with medical personnel.

The Music Examiner also reports on several lawsuits over the years stemming from injuries at Chicago concerts:

-A woman is suing Lupe Fiasco claiming an injury in 2007 when the star “fell on her” during a Chicago show. Her lawsuit is asking for $50,000 in damages for lost wages, physical, and emotional trauma.

-In 2002, a fan seeing U2 at Solider Field slipped in urine in the bathroom and broke his leg.

-In 1998, a female fan was hit in the face with a CD being tossed into the audience and suffered an eye injury.

Make no mistake about it: these concerts are big business, bringing in millions of dollars to organizers. At $80 a ticket, 75,000 people pay $6 million to get into one day of this event.

Concert goers have a right to expect basic safety and services. And event participants who are seriously injured or killed have a right to seek damages from negligent parties.

Eleven people were injured after a porch railing gave way overnight in Calumet Park in the second serious case this month of a Chicago porch collapse.

In this incident, four people plunged 15 feet after the railing collpased about 10 p.m. Monday in the 12400 block of South Ashland Avenue, according to WBBM News Radio.

Calumet Park Fire Chief Tom Battistella said two victims were unconscious following the fall and were taken to Advocate Christ Medical Center in Oak Lawn. Another two people were taken to Metro South Medical Center in Blue Island. Seven people refused treatment, Battistella said.

Sixteen remaining residents were evacuated from the building following an early inspection, according to WGNTV News.

"We have some porches that are in question. The building department already found some faults," Battistella said. "For the safety of the residents we decided to shut it down so no one will get hurt."

Battistella said village officials are trying to contact the owners of the three building apartment complex, which he said he believes are in foreclosure.

Those injured will have a good claim against the landlord and/or owner, and the building's liability insurance, if the buildings were insured.

Just two weeks ago on this blog, Chicago premise liability attorneys and personal injury and wrongful death lawyers wrote about the dangers of collapsing porches and stairwells in aging Chicago buildings. A tragic Lincoln Park collapse six years ago killed 13 people and prompted building inspectors to crack down on negligent property owners and landlords.

However, a Chicago Tribune investigation published earlier this month revealed that increased enforcement may have waned amid 700 complaints of faulty porches submitted to the city so far this year.

Six surviving victims of sexual abuse by priests will receive portions of a $3.9 million settlement paid by the Roman Catholic Archdiocese of Chicago, the New York Times reported.

As part of this latest settlement, the archdiocese also released a bishop's deposition, which detailed the church's failure to report the crimes in an effort to keep them secret.

Auxiliary Bishop Emeritus Raymond E. Goedert, formerly the second-highest ranking official in the Catholic Church of Chicago, admitted that he knew 25 priests broke the law by sexually abusing children but did not report them, according the the Chicago Sun-Times.

"I knew the civil law considered it a crime," Goedert said in the deposition. "But I'm not a civil lawyer. We knew it was wrong, what was done. (But) I simply would not talk about it to anyone except those who had a right to know because of their position in the diocese."

The abuse happened between 1970 and 1986 and the church noted that the priests involved were all removed from ministry by 1991.

The deposition shows how "deeply ingrained secrecy" is in this archdiocese, Barbara Dorris, the outreach director of the Survivors Network of those Abused by Priests, said in a statement. "That confidentiality allowed the archdiocese to move serial predators from parish to parish without congregations' knowledge about child-abuse allegations," she said.

The settlement documents including Goedert's deposition and a list of priests with sustained allegations of abuse are posted at bishop-accountability.org.

The Roman Catholic Archdiocese of Chicago paid more than $15.8 million in legal settlements related to sexual abuse last year, amounting to $80.2 million in claims from June 2001 to June 2008, according to the Chicago Tribune.

Chicago authorities have scaled back inspections aimed at preventing deadly porch collapses, according to an article today in the Chicago Tribune.

The Chicago premise liability attorneys and personal injury and wrongful death lawyers at Abels & Annes have handled a number of cases in which clients have been seriously injured by collapsing porches. Chicago's aging buildings and porches neglected by owners and landlords have led to a number of serious and fatal collapses in recent years, including a tragic Lincoln Park collapse six years ago that killed 13 people.

The story points to a very real problem in Chicago. Tenants or guests who are injured by faulty or collapsing porches have a right to compensation. Depending on the situation, responsible parties can include landlords, property owners, condo associations and current residents.

The Tribune reported that, like thousands of porches in Chicago, the rickety landing where Atit Mansuria and Carolina Landeros were chatting hadn't been inspected for years -- since it was built in the mid-1980s. In May, its railing suddenly broke open like a gate, sending them tumbling 20 feet to the concrete alley below. Landeros, 20, fractured her neck, but is now recovering. Mansuria, 27, suffered severe head injuries and remains hospitalized.

The accident was one of 700 complaints phone into the city this year. While city officials say their hard work has reduced the potential threats, a shortage of inspection manpower and a continuing stream of newly reported cases mean that bad porches often are discovered only haphazardly -- and sometimes too late, according to The Tribune.

A scan of the nearly 2,500 complaints phoned in since January 2008 presents a lot of worried tenants and neighbors warning the city about potential injuries.

In several cases, the phoned-in warnings came too late.

According to the city building department, signs to look for include:

Split or rotting wood.
Evidence of water damage.
Loose, rusting or missing hardware or bolts.
Loose or missing anchors where the porch attaches to the building.
Excessive movement of the structure when walked on.
Wobbly handrails or guardrails.

At least 16 people were hospitalized after a wooden footbridge collapsed at the conclusion of a fireworks celebration at Hidden Lake Park in Merrillville, about 45 minutes south of Chicago.

Media reports were unclear about whether it was a public park. But injured participants could have a premise liability claim against the park owner or the company that provided the fireworks display.

Witnesses described a chaotic scene, estimating that the roughly 90-foot-long bridge was full of people before it fell, according to the Associated Press as reported by Fox News.

While authorities have released few other details, it is possible that event organizers allowed far too many people onto the 90-foot wooden brindge, which collapsed about 10 p.m., just as the grand finale concluded, sending people plummeting into the water below.

A dive team was called in to pull people and items from the water and the investigation continued through the weekend. There were estimates that thousands had attended the annual fireworks display at the park in years past.

"They had to rescue quite a few people," Ross Township firefighter Perry Herzog said in a newspaper account.

Herzog said 16 people were transported to local hospitals for treatment. He said others might have been taken to hospitals by family members.

He did not know the nature of their injuries, and said there were no fatalities in the accident. About 50 emergency vehicles responded to the scene, along with helicopter and dive teams.

Robert Walker, of Merrillville, blamed the collapse on the number of people crossing the bridge.

"It was a mass of confusion," he said. "People were walking across the bridge when it collapsed. People were grasping and hanging onto the bridge itself."

Continue reading "Bridge collpase at fireworks show sends at least 16 to the hospital" »

The Chicago personal injury lawyers at the Abels & Annes wish you a safe and happy holiday weekend and we urge you to stay safe around fireworks displays this Fourth of July.

While some types of small fireworks are permitted in Illinois, it depends on the regulations in your village or municipality.

Fireworks are divided into two categories:

• consumer fireworks, which include such items as fountains, repeaters and parachutes.

• pyrotechnic displays, which use professional grade fireworks such as mortars, cake bundles, and ground displays that depict a picture.

It's important to note that several well-known types of fireworks, such as firecrackers, bottle rockets and Roman candles, are not allowed in Illinois under the new regulations, according to the Office of the State Fire Marshal.

Novelty fireworks, such as snakes, sparklers, and party-poppers, are not regulated by the state, although municipalities have the authority to enact an ordinance prohibiting the sale and use of sparklers on public property.

While legal, sparklers present a serious danger because of the high temperature of the wire during and after its use. Sparklers burn at temperatures of up to 1,200 degrees Fahrenheit and remain extremely hot long after the sparks have stopped.

Many children are injured each year by sparklers. Children playing with novelty fireworks must be closely supervised by adults to prevent injury.

Visit the OSFM website for information about Illinois fireworks' regulations.

In 2006, 11 people died and more than 9,000 were injured by fireworks, according to the Centers for Disease Control and Prevention, which offers more information about fireworks and fireworks safety. Fireworks can cause blindness, third-degree burns and permanent scarring and are a source of life-threatening residential and motor vehicle fires.

More than 100 people were injured by fireworks in Illinois last year, according to the Associated Press. The Chicago Fire Department reported 18 fireworks-related fires and four injuries.

Your best bet and safest route to seeing great fireworks this weekend is to go to a fireworks show put on by professionals. Even at a professional show, organizers have an obligation to keep burning debris are other material from falling into the crowd and causing injuries.

In Mount Vernon, the fire department is offering fireworks safety courses leading up to the Fourth of July.

“On fireworks safety, one of the biggest things we try to teach is that there is no safe firework out there,” MVFD Assistant Chief Kevin Sargent told the Register-News.

“Fireworks in the U.S. are regulated and the state of Illinois has decided to allow some fireworks. ... We try to teach people what fireworks are legal and illegal and the safety in handling and distance.”

Sargent, who also teaches the classes, said one of the biggest surprises he has noticed many people express during the training is the safety distances.

“Some fireworks project over 400 feet, and we need to keep spectators away that far so they aren’t injured or hit by debris from falling fireworks,” Sargent said. “... They need to be aware of the weather. Is it windy? The wind will change the direction of fireworks after it has left the shell or tube. Also, everybody thinks since it has rained and rained that a fire can’t start. But it is dry underneath the grass on top, and that can get hit and cause it to burn.”

The National Council on Fireworks Safety offers the following safety tips:

Use fireworks outdoors only.

Obey local laws. If fireworks are not legal where you live, do not use them.

Always have water handy. (A hose or bucket).

Only use fireworks as intended. Don't try to alter them or combine them.

Never relight a "dud" firework. Wait 20 minutes and then soak it in a bucket of water.

Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

Alcohol and fireworks do not mix. Have a "designated shooter."

Only persons over the age of 12 should be allowed to handle sparklers of any type.

Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.

Continue reading "Chicago injury lawyers issue caution regarding fireworks " »

A Naperville, Illinois couple has been seriously injured in a bizarre accident at a McDonald's in Eastern Arizona, according to the Daily Herald. A giant set of golden arches fell and crushed their SUV.

They were reportedly just sitting in the parking lot in a Chevy Trailblazer when high winds toppled the arches over. The winds were in excess of 55 m.p.h. The accident took place on Wednesday around 12:30 p.m. on the Navajo Nation reservation in Window Rock.

One occupant sustained a large laceration on his head. The other had to be freed from the vehicle by emergency personnel and had head, neck, back and arm injuries. They were taken to a local hospital by ambulance, however the female victim was later airlifted to a hospital in Phoenix, AZ and is reportedly in critical condition.

It has not been reported if the couple has retained a personal injury lawyer, but there is a good chance that they will. The couple has a strong premises liability case against McDonald's. Giant golden arches do not fall over in the wind unless someone was negligent.

Chicago accident attorneys from Abels & Annes, P.C. have settled a trip and fall claim against a Jewel Food Store in Highland Park, Illinois for a fall down injury that occurred on June 22, 2008. Our client had just parked her car and was about to walk into the store when her foot got caught in a broken and/or significantly uneven portion of the sidewalk that lead into the grocery store, causing her to fall forward onto her left hand and sustain injuries.

Our client did not see the uneven sidewalk because it was obscured in the shadow of a pillar holding up the overhang in front of the store. She was also looking forward towards the entrance doors of the store, and was distracted by the heavy congestion of scattered shopping carts in the area and other patrons entering and exiting the store. After her fall, a store manager came outside to talk to her. The manager admitted that this was not the first time someone had tripped on this area of the uneven sidewalk.

Our client went to a local hospital for left hand, wrist, and shoulder pain. After history and examination diagnostics tests were ordered, x-rays were conducted, which indicated a displaced fracture at the base of the proximal phalanx of the small finger on her left hand (fracture at the base of her left pinky finger). She was placed in a splint, her arm was placed in a sling, and she was prescribed pain medications and instructed to seek follow up care.

A couple days later, our client continued to suffer from severe pain in her left hand and sought follow up care. During her follow up, another x-ray was performed which again identified a displaced left pinky finger fracture. She was then placed in a cast over her left hand, wrist, and forearm. As the fracture began to heal, our client was eventually taken out of the cast, placed in a splint and began a course of physical therapy. Our client incurred over $4,000.00 in medical bills. The case settled for $15,500.

Often, premises liability cases can be complicated and difficult to prevail in. The fact that our client fell and was injured was not enough to have a claim. Liability was created here because the property owner had actual notice of the uneven or broken sidewalk and failed to act to fix it.

Chicago slip and fall lawyers from our firm handle all kinds of injuries resulting from Illinois premises liability cases, including broken bones and back and neck injuries. If you have sustained a slip & fall injury, please contact Abels & Annes, P.C. for a free consultation.

Injury attorneys from Abels & Annes, P.C. have resolved a premises liability case against a Chicago, Illinois building management company for a slip and fall injury. The accident is a little different than most premises liability cases we handle, in that the plaintiff was injured in her own residence, and she knew of the defective condition.

Our client slipped and fell on broken and loose tiles on the bathroom floor of her rental apartment as she was getting out of her shower. It was a longstanding condition and she had notified the landlord of the problem several months before the accident. The building manager came out and inspected the floor, but never got around to making repairs. (Even after my client was hurt, the defendant did not make repairs for another 3 months). While our client knew of the condition, it was a one bathroom unit and she had no choice but to use the shower.

Our client fell and injured her leg and shoulder. She went to a local emergency room after the accident. X-rays were negative for fractures. She underwent physical therapy on a couple occasions at the same hospital and her pain resolved a couple months later. She incurred over $3,000 in medical bills. The case settled pre-litigation for $12,000.

If you have been injured in a slip and fall injury, please contact Abels & Annes to speak to a lawyer. Premises liability cases can get complicated fast and they can be difficult to win. Many people that contact our office assume that if you fall on someone's property and get hurt, you automatically have a case. This is not true. There has to be negligence on the part of the landowner for you to recover.

For example, in the shower case settlement, that fact that my client fell and was injured was not enough to have a case. What created liability on the part of the property owner was the fact that he had actual notice of the condition and failed to act.

In June of 2008, a 3 year old boy was crushed to death by an iron gate that fell on him at a Cabrini Green CHA property. It is now being reported by the Chicago Sun-Times and the Chicago Tribune that the Chicago Housing Authority and the property management firm of Urban Property Advisors were warned by the federal government of the danger 2 years before the boy was killed and took no action to correct the hazard.

The U.S. Department of Housing and Urban Development warned in three seperate inspections that the iron gates were dangerous. The gate in question is located at a Cabrini Rowhouse project in the 900 block of North Cambridge. The gate, which is reportedly 7 feet tall, fell on the child as he rode his tricycle.

Click here to read the entire story.

In Chicago personal injury attorneys from Abels & Annes, P.C.have reached a premises liability settlement with a Calumet Park, Illinois grocery store stemming from a August, 2007 trip and fall injury. The plaintiff was walking down a grocery store aisle when her foot got caught in a rope protruding from an onion bag that was left on the floor by a stock person employed by the store.

Our client fell hard, sustaining neck injuries and fracturing her front tooth. She went to the emergency room at Ingalls Urgent Care, and she later had follow up treatment with a dentist in Olympia Fields and a chiropractor in Park Forest, Illinois. The case settled without having to file a lawsuit, and Travelers Insurance is paying on the claim.

Continue reading "Chicago, Illinois Injury Lawyers Reach Premises Liability Settlement With Local Store" »

A client of David Abels & Associates, P.C. was recently injured in February, 2008 at a Bally Total Fitness when she slipped and fell on a freshly mopped floor in a locker room. A cleaning service that had been hired to perform janitorial services at the club had mopped, and they and the health club both failed to erect wet floor warning signs.

After the accident the plaintiff was taken by ambulance to Adventist Glen Oakes Hospital in Glendale Heights, Illinois. She sustained a broken wrist and later underwent surgery. The surgery was performed by Anup Bendre, M.D. at DuPage Orthopaedic Surgery Center. She has incurred over $20,000 in medical bills and is still in treatment.

The health club is so far denying liability, and if they fail to change their position a premises liability lawsuit will have to be filed in DuPage County to resolve the matter.

In Kane County, Illinois David Abels & Associates, P.C., working in conjunction with the firm of Karchmar and Lambert, have filed a lawsuit against a resort in St. Charles, Illinois due to injuries sustained by our client when she bit into and swallowed pieces of glass that were in her dinner salad.

Our client was attending a business conference when the food was being served. The glass lacerated her throat, which later became infected. The plaintiff incurred around $15,000 in medical bills as a result of the infection.

The case gives knew meaning to the phrase "watch what you eat".

Continue reading "Kane County Lawsuit Filed: Sometimes You Have To Watch What You Eat ...........Literally." »

In Chicago, Illinois personal injury lawyers were recently awarded a nice verdict in a premises liability wrongful death case, according to the Chicago Daily Law Bulletin. The fatality happened as a result of a fire in an apartment building owned by the defendants. The deceased, a tenant in the building, died of carbon monoxide poisoning.

The Cook County lawsuit alleged that the defendant failed to have smoke detectors in common areas of the building. The defense argued that the decedent was under the influence of cocaine and alcohol at the time of the fire.

Prior to trial the Estate demanded $910,000 to settle the case, and the defendants made no offer. The jury awared $1,353,249 (10% off 1,503,610 for comparative fault). The trial was in front of the Honorable Susan Ruscitti Grussel, Cook County Case No. 03 L 11032.

The plaintiff was represented by Kirk A. Moyer of Chicago. The defendants were represented by Alton Haynes and Brian O'Neill, and John F. Brennan.

Continue reading " Chicago, Illinois Premises Liability Attorneys Receive Good Verdict" »

Cook County and Chicago Area, Illinois car and truck accident attorneys could be busy over the next weeks after heavy snow falls. Traffic times are terrible and vehicles are sliding all over the roads. The Illinois Department of Transportation (IDOT) has issued multiple warnings to be very careful on the roads and to leave yourself additional time to get where you are going.

It took me close to 2 hours to travel from downtown to the North suburbs in yesterday's commute and it took me 90 minutes to get downtown today (and I left for work at 5:45 am).

If involved in an auto accident, click here to visit our website for suggestions on what to do after a collision.

The Illinois State Police is reporting that yesterday there was a 7 car pile up on Interstate 90 just west of Plaines that was caused when a Chicago resident pulled over in the far left land to wipe snow from his windshield. A Palatine resident was injured and taken to Alexian Brothers Hospital. No other injuries were reported.

I am guessing that there will be multiple reports of accidents in Northern Illinois as snow continues to fall.

Continue reading "Chicago, Illinois Personal Injury Lawyers May Be Very Busy With Auto Accidents As Heavy Snow Arrives" »

Chicago, Illinois premises liability, accident injury lawyers from David Abels & Associates, P.C., working with the firm of Trobe & Babowice of Waukegan, Illinois have been awarded $86,000 ($172,000, reduced to $86,000 for 50% comparative fault) in a premises liability arbitration. The arbitration had low of $5,000 and a high of $100,000 (meaning the most the plaintiff could be awarded was $100,000 and the least the plaintiff could be awarded was $5,000).

The case stems from an accident that happened in the defendant's home where the plaintiff was helping work on a kitchen. The plaintiff was using an electric saw to cut a board and the defendant was holding the board still. The defendant lost his grip and dropped the board, causing the saw to slice off the end of two of the plantiff's fingers. The defendant denied he was anywhere near the plaintiff when the accident occurred.

The defense also retained an expert to testify that the plaintiff was using the saw improperly as a grinder, and that the improper use was the cause of the injury. The plaintiff argued that improper use was irrelevent and that the accident only occurred because the defendant dropped the board.

The arbtration took place at ADR Systems of America in Chicago, Illinois. To learn more about personal injury arbitrations and mediations, please click here to visit our website.

Chicago injury attorneys from David Abels & Associates, P.C. have reached a premises liability settlement in DuPage County, Illinois. Our client was injured when she tripped and fell on a pothole in the parking lot at the Fountaindale Public Library, Bolingbrook, Illinois. She sustained a mild wrist fracture in the fall. She was taken to Adventist Bolingbrook Medical Center and followed up with Midwest Orthopaedics at Rush. She incurred around $5,000 in medical bills. The DuPage County trip and fall case settled for $15,000. The defendant was insured by the Hartford.

The photo below shows the condition of the parking lot. The pothole was not that wide, but it was over eight inches in depth. If you look closely at the photo, the pothole is filled with water. That made it hard for my client to see the dangerous condition.

Continue reading "DuPage County, Illinois Premises Liability Settlement Reached by Chicago Personal Injury Lawyers" »

A Cook County, Illinois Accident Attorney has received a good jury verdict in a negligence case, according to the Chicago Daily Law Bulletin. The plaintiff was injured when he was leaving the Chromium nightclub located at 817 W. Lake Street, in the River West Neighborhood. Someone threw a bottle into the club, striking a bouncer employed by Chromium.

After getting hit, the bouncer threw the bottle back in the direction from which it came. The bottle hit a pillar and it shattered, and pieces of glass struck the plaintiff in his eye. He sustained permanant eye injuries. The defendant denied the plaintiff's version of events.

Prior to trial, the plaintiff demanded $500,000 to settle and the defendant would only offer $300,000. The jury awarded $881,238.

The verdict was in Freddie Stinson v. 817 West Lake Street, Inc. and Chromium Club Inc., Cook County Case No. 04 L 010416. The plaintiff was represented by the Chicago firm of Cogan & McNabola, P.C., and it looks like they did a great job at trial.

Continue reading "Chicago, Illinois Personal Injury Lawyer Gets Good Premises Liability Verdict " »

A Wheaton, Illinois Accident Attorney has received a good jury verdict in a premises liability case, according to the Chicago Daily Law Bulletin. The plaintiff fell and was hurt while bowling. It was alleged that the oil used to condition the bowling lane was too close to the foul line and the warning signs were not adequate. The plaintiff sustained a right broken leg. The defendant argued that the accident probably occurred because the plaintiff went over the foul line and then slipped.

Prior to trial, the plaintiff demanded $36,000 to settle and the defendant offered $24,000. The jury awarded $99,600 (after 40% off of $166,000 for comparative fault).

Taking this case to trial took a little "chutzpah" on the part of the plaintiff's attorney. Slip and fall, premises liability cases are often difficult to win at trial. Further, this verdict was in DuPage County where verdicts tend to be a little conservative compared to Cook or Will County. A lot of lawyers would have taken this case, but not many would have been thrilled about taking it to trial.

The verdict was in Shirley Mills v. Manfred's Bierstube Inc., d/b/a Wood Dale Bowl, DuPage County Case No. 05 L 172. The plaintiff was represented by George L. Acosta of Wheaton, and the defendant was represented by Matthew Burke of Heineke & Burke in Chicago. (I should add that the result is also impressive because Matthew Burke is a very good defense lawyer.)

Continue reading "DuPage County, Illinois Personal Injury Lawyer Gets Good Verdict in Slip And Fall Case" »

In Chicago, Illinois personal injury attorneys from David Abels & Associates, P.C., working with the Lake County firm of Trobe & Babowice reached a premises liability settlement for $275,000 with the Chicago Housing Authority (CHA). The plaintiff, a minor, was riding in a stroller and was pushed by another child into a negligently designed lock box that was on the door of a vacant CHA apartment. The actual lock box at issure is pictured below. The child sustained severe eye injuries. The building was being managed by an agent of the CHA, William Green Homes at the time of the occurrence. The lock box was defective in design in that it was a large metal box that protruded approximately 8 inches from the door into the hall. Most lock boxes are much smaller and flush against a door. The lock was especially dangerous in a CHA building where kids play in the hallways.

The 3rd District Illinois Appellate Court has affirmed a Bureau County Jury Verdict in a premises liability case against the City of Princeton. The plaintiff was injured when he stepped into a depression on a sidewalk and fell on Main Street in Princeton, Illinois. The plaintiff introduced evidence of over $119,000 in medical bills to the jury. The jury returned a verdict of $170,800 for the plaintiff.

During trial, defense counsel attempted to introduce evidence that the bills were discounted down to $34,888.00 by Medicare. (If a hospital or doctor receive a Medicare payment that is less than the amount billed, the rest of the bill is wiped out by accepting payment from Medicare).

The Court barred the defense from introducing evidence that the bill was reduced to $34,888.00 under the collateral source rule. This rule stops a defendant from informing the jury that the plaintiff has insurance, as a jury may then improperly conclude that the plaintiff sustained no damages.

The appellate court stated that the rule prevents a wrongdoer from taking advantage of contracts that exist between the injured and other parties (like a health insurance contract).

The collateral source rule is very helpful for injury attorneys when trying to settle cases. When negotiating a settlement, we submit medical bills to insurance carriers as part of our demand package. The rule prevents a defendant from trying to reduce a settlement offer by stating that the plaintiff's health insurance carrier already paid the bill. The defendant knows that if we go to court, the full amount of the bill will come into evidence.

Click here to read the Court's opinion in Nick Nickon v. City of Princeton, No. 3-06-0952.

In Chicago, Illinois personal injury attorneys from Abels & Assoc. reached a premises liability settlement for $20,000 with Jewel-Osco. The case involved a Chicago resident who cut his hand on glass that was protruding from the handle of a grocery cart. The glass was dirty and appeared to have been there for a long time. The store is liable for the injuries because they had constructive notice of the danger, meaning with reasonable inspection they should have discovered and removed the glass from the cart before the plaintiff was inured.

The plaintiff bandaged his hand, but several days later the wound became infected, and he had to seek medical treatment at a Chicago area hospital.