Chicago Personal Injury Lawyer Blog

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 " »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Injuries to Children & Minors , Legal Advice , Personal Injury , Premises Liability

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Personal Injury , Premises Liability

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Fractures / Broken Bones , Premises Liability , Settlements & Verdicts , Slip and Fall

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Injuries to Children & Minors , Personal Injury , Premises Liability , Wrongful Death

Bookmark:

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" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Back and Neck Injuries , Personal Injury , Premises Liability , Settlements & Verdicts

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Fractures / Broken Bones , Personal Injury , Premises Liability

Bookmark:

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." »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Personal Injury , Premises Liability

Bookmark:

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.

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

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts , Wrongful Death

Bookmark:

In Chicago, Illinois personal injury attorneys were recently awarded a good verdict in a slip and fall case, according to the Chicago Daily Law Bulletin. The accident happened in the parking lot of the Marriot Theatre in Lincolnshire, Illinois. The plaintiff slipped and fell on ice and suffered a torn rotator cuff and a fractured ankle. Both injuries required surgery to repair.

The plaintiff claimed at trial that the defendant negligently removed snow and ice from the parking lot. They alleged that the snow was piled "upstream" of a walkway, and that snow melted and then re-froze on the walkway, and that said condition caused the plaintiff to slip and fall. The defendant claimed that the area had been propery plowed and salted, and that any freezing was a natural accumulation of ice. (Illinois property owners are usually not liable for injuries that result from natural accumulations of ice and snow).

Prior to trial the plaintiff demanded $200,000 to settle and the defendant offered $135,000. The Cook County Jury returned a verdict of $616,788 ($822,383 reduced by 25% for comparative fault).

Continue reading "Chicago, Illinois Premises Liability Lawyers Get Nice Verdict" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Personal Injury , Premises Liability , Settlements & Verdicts

Bookmark:

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" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Auto Accident , Pedestrian Accident , Premises Liability , Slip and Fall , Truck Accident

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts

Bookmark:

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" »

Posted by Dave Abels | Permalink | Email This Post

Posted In: Fractures / Broken Bones , Premises Liability , Settlements & Verdicts , Slip and Fall

Bookmark:

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.

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

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts

Bookmark:

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.

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

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts , Slip and Fall

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Legal News , Premises Liability

Bookmark:

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.

Posted by Dave Abels | Permalink | Email This Post

Posted In: Premises Liability , Settlements & Verdicts

Bookmark: