Chicago Personal Injury Lawyer Blog

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.

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

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" »

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.

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.

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.