May 31, 2007

Aurora OSHA Inspector Witnesses Unsafe Construction Site In Chicago That Could Have Led to a Serious Injury or Death

On Aug. 22, an OSHA officer, while driving by a Chicago-area residential construction site, observed employees working at approximately 30 feet above grade performing roofing work. He stopped at the worksite and saw an employee trip on a slide guard and nearly fell off the roof. Luckily, the employee caught himself on the side of a chimney. The officer initiated an inspection and asked the employer to cease work until employees were provided adequate fall protection.

This is just another example of construction companies disregarding safety to increase the speed of a project. Unfortunately, many construction companies are more concerned with completing a project on schedule than safety. In this case, it was quicker to allow employees to work without fall protection than to require them to wear a safety line or provide other fall protection.

If you are employed in the construction industry, you should demand compliance with all known safety regulations. In addition, you should report any safety violations to your foreman or general contractor. Working in safe conditions is your right, which must protected at all costs.

If you are injured at a construction site, it is important that you retain top quality legal representation. You should hire an attorney who has a track record of success in representing victims of construction negligence.

Malman Law has the skill and experience to handle construction site accident cases. We believe the key to success in construction cases is being aggressive and persistent. This type of aggressive representation has resulted in the recovery of millions of dollars for our clients.



May 25, 2007

Chicago Ironworker With Herniated Disc Receives Settlement

One out of every 10 construction workers is injured every year. The most common accident at construction sites is falls causing more fatalities than any other construction activity. Ironworkers have the greatest likelihood of being injured on a construction site, more than any other trade.

We recently settled a case for an Ironworker who was injured in Rosemont, Illinois. Our client was helping a co-worker move a steel beam when the co-worker slipped and dropped the beam. As a result, my client was left holding the entire weight of the beam. The beam was so heavy that my client felt an immediate "pop" in his back causing immediate pain. He eventually was diagnosed with a herniated disc in his back and underwent surgery to fuse his spine. We were able to prove that during a rain storm the general contractor ordered my client to move a steel beam. Our expert determined that the general contractor was negligent for failing to shut down the site and for ordering my client to perform work in unsafe conditions.

Construction site cases can be very complex. The most difficult aspect of these cases is determining all of the liable parties. If the injured worker is employed by the general contractor then we must determine what role, if any, the sub-contractors played in the injury. If the worker is employed by a sub-contractor, then we must determine the liability of the general contractor, the owner and other sub-contractors.

At Malman Law, we feel the best way to establish liability in a case is through the use of expert witnesses. We utilize construction safety experts who have worked for OSHA and understand government regulation of the construction industry. We are often able to uncover poor safety compliance and a disregard for government regulations.

A construction site is a very dangerous place. Construction companies are well aware of the dangers of the site but will often disregard safety for speed and profits. If you are injured, it is important to exercise your legal rights . By exercising your rights, you will bring to light to unsafe conditions which may help to prevent future injuries.


May 23, 2007

Illinois Dog Bite Law and Information

In the United States there are over 4,7000,000 dig bites per year with over 800,000 resulting in injuries requiring medical attention. The Illinois Animal Control Act creates liability for dog and animal attacks. In Illinois, anyone who owns or harbors a dog, or other animal, is responsible to pay money damages to a person injured by the animal. The only defense to a claim under the Illinois Animal Control Act is provocation by the injured person. Generally, homeowners insurance will provide coverage for the action of the owner's dog.

As a dog owner, I am amazed to see so many people failing to leash their dogs. In order to help prevent dog attacks, I strongly recommend that you leash your dog. If you want to run your dog off leash, then go to a dog park. There is no reason to endanger other people and children by allowing your dog to roam free.

If you or your children want to pet a dog, always approach from the front. Ask the owner if you can pet the dog and let the dog come to you. Do not pet the top of the dogs head rather, let the dog sniff your hand and pet the dogs sides or back.

In the event of a dog attack you should be prepared to react. If the dog attacks someone else, you should lift the dog from the hind legs in order to stop the attack. Generally, a dog will release the victim when you lift the hind legs. If you are attacked by a dog you should remain still. I know this is difficult, but if you remain still the dog will become bored and let you free.

The most important action you can take to help prevent dog bites is to ask your neighbors to leash their dogs. In addition, take caution when you approach a dog. Unfortunately, dog bites do occur and you should pursue your legal rights against the owner.


May 19, 2007

Finding The Right Chicago Personal Injury Lawyer For You

In Illinois there are over 63,000 lawyers who can represent you. How do you choose the right lawyer for you? As a Chicago personal injury lawyer, I believe that with a little research you can find quality representation that will leave you feeling good about our legal system.

I feel that the most important characteristic in an attorney is experience handling the particular type of case that you have. For example, at Malman Law we represent the injured for automobile accidents, work injuries, nursing home abuse and neglect, slip and falls, medical malpractice and products liability. If you were injured in a car accident, many lawyers are happy to represent you. However, many of these attorneys are general practitioners or do not concentrate in injury law. They attempt to handle automobile accident cases because they think they are uncomplicated. Many lawyers are unaware of legal technicalities, insurance company policies, legal theories and case values. This can lead to long delays in your case or a poor result. Before you retain an attorney, confirm that he or she has handled many similar cases in the past.

Your lawyer should immediately able able to answer any of your legal questions concerning your case. We cannot give any guarantees or exact case values, but an experienced injury attorney has heard most questions many times and knows the answers. For example, if client was riding a bike and was injured in a hit and run collision, I know what to ask. First, I need to determine if the client has automobile insurance coverage. If he did, then the automobile insurance uninsured motorist provision would apply to a hit and run accident. If the client did not have any insurance, then I would inquire if you live with any relative who has automobile insurance. If the answer is yes, then that policy may also apply. Unfortunately, many lawyers are unaware of the available coverage contained in insurance policies. Only retain an attorney if he or she has answered all of your questions satisfactorily.

When you speak to an attorney, listen carefully to determine whether or not you can build a good working relationship with him or her. Some cases take several years to resolve and you will be speaking to your lawyer many times during the course of the case. Be sure that your personalities mesh.

Finally, confirm that your lawyer is licensed in Illinois and is in good standing. This process takes one minute and can save you from a nightmare.

May 16, 2007

Experienced Chicago Attorney Gives Automobile Accident Advice

Many people have the unfortunate experience of being involved in an automobile accident. In fact, in 2005 there were over 6,420,000 car accidents in the United States resulting in over 2,900,000 injuries. It is the leading cause of injury and death for people ages 3 to 33. Accordingly, at Malman Law we believe it is important to know what to do immediately after an accident to protect your rights. After an accident, we recommend doing the following:

First, seek medical treatment. Automobile collisions are traumatic and only trained medical personnel are qualified to diagnose your injuries. If you fail to seek immediate treatment an insurance company may later dispute the extent of your injuries based upon the lack of emergency medical care.

Second, preserve any evidence involved in the collision. Be sure to take photographs of your injuries, the vehicles involved and of the scene. Obtain witnesses names, addresses and telephone numbers. If you are unable to do this yourself, ask your spouse or a friend. This information may be invaluable to prove your case at a later date.

Third, do not give any statements or sign any papers. Insurance companies are notorious for taking statements in hospitals or at your home shortly after an accident. Insurance companies also often make very low cash offers to settle your case. Do not accept any offers until you have had an opportunity to think about the situation.

Finally, contact a lawyer. A lawyer is trained to determine your rights and is better qualified to determine the value of your case. Remember, the United States legal system works best when you stand up for your rights.

May 15, 2007

Defective Product Bursts Into Flames Severely Injuring Chicago Woman

We recently represented a woman in Chicago, Illinois, for a severe burn and injuries she sustained after her oven mitt burst into flames. This case highlights the disregard for safety that some manufacturers have for consumers.

My client was removing a pan from an electric oven when the oven mitt came into contact with the heating element causing the oven mitt to explode into flames. Her night shirt caught on fire and she severely burned her chest and arms resulting in the need for surgical skin grafts.

Malman Law felt obligated to protect this woman's rights. She had the right to compensation for: medical bills, future medical bills, pain and suffering, lost wages and disfigurement.

We obtained a substantial settlement after the oven mitt was tested at a laboratory for flammability. Our expert determined that the oven mitt violated accepted safety standards for oven mitts. In fact, during our testing the oven mitt exploded and almost burned the expert.

At Malman Law we believe that protecting the consumer from dangerous products is our obligation. It is our goal to force manufacturers to place people over profits.