Chicago Personal Injury Lawyer Blog

An Illinois premises liability attorney at Abels & Annes has reached a settlement with the owners of a local restaurant in regards to a slip and fall that occurred back on February 13, 2010.

The plaintiff was at a restaurant located in the 12700 block of South Ashland in Calumet Park, Illinois. The defendant owned, operated, managed, maintained and controlled the premises and was further responsible for providing safe means of ingress and egress through the premises.

In the days before the occurrence, it snowed approximately 8 inches in Calumet Park. As a result, the restaurant undertook the duty to plow and/or shovel its parking lot. Unfortunately, they plowed its parking lot and negligently left large piles of plowed snow next to customer parking spaces. There were then several days of warmer weather where the snow melted and refroze, forming sheets of ice.

There were no signs or other warnings posted to notify customers of the dangerous condition that they insured created. Further, the parking lot was inadequately illuminated.

On the date of the occurrence, our client parked her car in a marked parking space in the restaurant parking lot. As she attempted to exit her vehicle, she slipped on a sheet of ice and/or snow left behind by the defendant during the plowing process of its parking lot.

We alleged to the defendant's liability insurance carrier that based upon the facts and circumstances surrounding the occurrence at issue, it is clear that a proximate cause of the slip and fall occurrence was the negligent conduct of the restaurant owners.

Immediately after the fall, our client started to experience left wrist pain. Due to ongoing and increasing pain, she sought medical treatment with a medical doctor. There, she complained of left wrist pain. A history was taken, she was examined and diagnostic tests were ordered, including left hand and left wrist x-rays.

The plaintiff was diagnosed with a comminuted intraarticular fracture of the left distal radius with slight dorsal angulation as well as soft tissue swelling. The physician performed a hematoma block, closed reduction and long arm casting under fluoroscan control. He prescribed pain medication and instructed our client to follow up with him.

On February 23, 2010, she sought follow up medical treatment from her doctor. She again had x-rays taken of her left hand and wrist that showed a fracture of the distal radius. The physician examined her and instructed her to follow up with him in five (5) weeks for removal of her cast.

On March 30, 2010, she had x-rays taken of her left wrist which showed a healing fracture of the distal radius. The plaintiff's cast was removed and it was recommended that she begin physical therapy for her wrist. He discharged her from care on April 24, 2010.

Despite a short period of relief from her symptoms, her left wrist flared up requiring her to seek medical care from her doctor again, where she complained of pain in her left wrist. He noted that since she sustained an intraarticular fracture of the left wrist, it is possible that she will have some arthritis in the future. Her physician recommended that she begin occupational therapy.

On March 12, 2011, she went back to the doctor's office again. There, she complained of left wrist pain and stiffness. Pain medication was again prescribed and instructed her to continue her home exercise program. The physician discharged her from his care on April 9, 2011.

Per her physician's instructions, our client attended 11 sessions of physical therapy at Southwest Hand Rehabilitation starting on December 30, 2010 and ending on February 28, 2011, at which time she was discharged from treatment.

The case settled for just over $26,000. No lawsuit was filed, saving our client the cost of going to court.

Continue reading "Case resolved for $26,000 by Chicago slip and fall lawyer" »

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" »

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" »

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" »

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.

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" »

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" »

A Galeana man injured in a fall in a high school construction site accident has been awarded the highest jury verdict ever rendered in Jo Daviess County.

William Theiss, 52, was awarded $1.9 million after the two-week trial, which centered on the April 2003 accident at River Ridge High School in Hanover. Thiess was working as a painter when he toppled off a 15-foot-high lift -- he tripped on a chain serving as a substituted for the safety-mandated guardrails, according to a story in the Dubuque Telegraph Herald.

Theiss has undergone 16 surgeries after crushing his foot, ankle and heel. Doctors told him he can no longer stand for more than an hour at a time and confined him to light duty. He sued the construction management company, Hoffman Construction Company, and the drywall contractor, CIDAC Inc.

"I've worked on these kind of lifts all my life, so I just assumed it was safe," Theiss said. "I was just doing the job I'd been doing my whole life."

The jury found Theiss 30 percent at fault, which resulted in reducing his original $2.8 million award to $1.9 million. They awarded Theiss $777,660 for wage loss, $791,667 for pain and suffering, $625,000 for disability, $279,167 for disfigurement, $339,000 for medical bills and $27,000 for prescription orthotics for his heel.

"I wouldn't say that it makes me forget about the last few years, but at least now I'm not going to have to worry about paying my electric bill," he said. "But it's not going to be life on easy street for me. There are a lot of bills to pay."

The largest sum previously awarded for a personal injury in the county was $1.05 million after a man sustained serious brain injuries following a tractor-car collision.

Continue reading "Illinois painter awarded $1.9 millon for injuries in fall at construction site" »

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.

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 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 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" »