Chicago Injury Attorney Blog

10 years after an infamous hazing incident that occurred at Stevenson High School in Lincolnshire, the hazing victim, Stamatios Shinas, is suing the school, a number of high school football coaches, and four former teammates for Chicago personal injury.

Shinas, now 25, says the emotional pain and psychological trauma from the 1999 hazing incident continue to haunt him and he still sees a therapist because of what happened. He says he has trust issues.

Shinas was a sophomore when he made the football varsity team. He says that team members told him that the hazing was an initiation process that all varsity members had to go through. He says he was sexually abused and hazed three times and that teammates physically abused him, sodomizing him with a broomstick and a banana.

In his Cook County Circuit Court personal injury lawsuit, Shinas is suing the Lincolnshire high school, 1999 varsity coaches Bob Mackey, Craig Sincora, Lee Jonathan, Paul Swan, Mike Warren, Mike Fitzgerald, and Bill Mitz, and former football teammates David Davis, Blake Coley, Tiquion Clay, and Alex Holden. The 25-year-old plaintiff says the coaches knew that hazing was taking place but they did nothing to prevent the incidents.

Following the 1999 hazing incident, all four of his former teammates pleaded guilty to misdemeanor charges in Lake County. While Holden pleaded guilty to four counts of disorderly conduct, Clay pleaded guilty to one count. Clay and Holden were fined $100 and were ordered to write an essay about respecting students and serve community service. Although Cooley and Davis were charged with battery, they ended up pleading guilty to disorderly conduct.

Shinas says he waited until now to file his Chicago hazing lawsuit because his two brothers were at the high school and he wanted to wait until they graduated. Shinas says he wants to make sure that other athletes are not subject to the hazing that happened to him.

“Hazing”
Hazing is the term used to refer to an activity a person must go through to join a group. Hazing occurs more commonly in college environments, but hazing rituals have been known to occur among other groups. The Web Site StopHazing.org reports that certain high school teams have been known “initiate” team members with “brutal” activities. While often intended as “tradition” that is in “in good fun,” hazing has been known to cause serious personal injury and wrongful death.

Former athlete suing high school for hazing, ABC 7 Local, June 29, 2009

Ex-prep football player sues over 1999 hazing, Chicago Sun-Times, June 30, 2009

StopHazing.org

Related Web Resources:
Inside Hazing

Hazing underrecognized as cause of serious injury, says MGH physician, Bio-Medicine

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Injuries to Minors , Personal Injury

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Every year, about 300 kids under age 5 drown in pools and spas, while nearly 3,000 others sustain injuries that require emergency room care. Many victims that survive drowning accidents end up sustaining permanent injuries, such as traumatic brain injuries.

The Consumer Product Safety Commission recently issued these latest drowning statistics just in time for the swimming season. The CPSC wants to remind pool owners and supervisors to exercise the necessary precautions to prevent drowning accidents from happening.

80% of child drowning fatalities occur in residential settings. And a premise owner can be held liable for personal injuries if he or she failed to implement the proper safety measures that could have prevented a drowning accident from happening, such as (from the CPSC):

• Making sure that there is adult supervision any time there are children in the pool or spa.
• Installing a four-sided barrier with self-closing gates around the spa or pool.
• Installing safety covers or alarms.
• Knowing basic water rescue techniques.
• Keeping first aid and rescue equipment close by.

One common cause of drowning accidents is drain entrapment, which has been known to occur in residential pools and spas, as well as in public pools and spas. While older drains were designed in such a way that a person’s hair or clothing or another body part could easily get suctioned into the pool or spa drain (causing a potentially fatal drowning accident if the victim got pulled underwater and was unable surface), there are now new drain covers designed so that such incidents cannot happen.

The Virginia Graeme Baker Pool and Spa Safety Act went into effect last December and requires all public pools and spas to be fitted with these newly designed drain covers. The CPSC says that in-ground spas with the older drains and children’s wading pools pose the greatest risk of evisceration and entrapment. Since 1999, 69 people have been injured and 11 others killed due to drain suction.

If your child was injured by a defective pool drain or drowned because the pool owner failed to implement the proper safety measures at a pool or spa, you may have grounds for filing a Chicago personal injury lawsuit claiming products liability, injuries to minors, or wrongful death.

CPSC Announces New Report on Child Drownings and Near-drownings in Pools and Spas, CPSC, May 21, 2009

Related Web Resources:
Swimming Pool and Spa Safety Starts with You!, PoolSafety.gov

Pool Season Begins in Illinois – Enjoy the Water, But Be Safe, eNews Park Forest, May 18, 2009

Pool Safety Report, CPSC, May 2009

Continue reading "Chicago Premises Liability During Swimming Season: CPSC Offers Advice on Preventing Pool and Spa Drownings" »

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Posted In: Injuries to Minors , Personal Injury , Premises Liability , Traumatic Brain Injuries , Wrongful Death

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Two Illinois men died in a tragic Mattoon, Illinois bus accident on Saturday. They were standing with several people on top of a double-decker bus on Illinois Highway 16 when they hit their heads on the Interstate Highway 57 overpass. The two men, Clarendon Hills resident Cameron Chana and Yorkville resident Justin Sleezer, were reportedly a few inches taller than the other bus passengers that were with them. They were both 22-years-old.

The bus occupants were primarily students returning from a Lake Shelbyville boating trip. Following the catastrophic accident, the bus driver transported the victims to a local hospital before they were later transferred to an Urbana hospital. Sleezer and Chana were pronounced dead the following morning.

The bus had been rented in Charleston from Lincoln Springs Resort. Passengers say that the bus driver never told the passengers that were on the upper deck to sit down and that no safety precautions were issued. Many of the bus riders were drinking alcohol. Official reports, however, indicate that as the bus was moving down the road, the passengers were told not to stand up.

Police are investigating the catastrophic injury accident to determine whether any regulation violations occurred. Issues under consideration include the clearance height of the overpass bridge, which is 13 feet, 11 inches and the height of the double-decker bus that police say is 13-feet, 6-inches tall. Just a few years ago, a backhoe on a trailer hit the same bridge.

Another issue under investigation is whether a change in the route the bus was supposed to take contributed to the deadly bus accident. A request for a food stop resulted in the bus driver making a stop at a McDonald’s on Illinois 16.

Bus accident investigation continues, TMCnetcom, June 2, 2009

2 suburban men killed in bus accident in Mattoon, Ill., Chicago Tribune, June 2, 2009

Related Web Resources:
Lincoln Springs Resort

NINDS Traumatic Brain Injury Information Page, National Institute of Neurological Disorders

Continue reading "Chicago Personal Injury Law Firm: Two men die in Mattoon, Illinois bus accident after their heads strike an Interstate Highway 57 overpass" »

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Posted In: Bus Accidents , Personal Injury , Traumatic Brain Injuries

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In Illinois, a man who says that two Alton police officers beat him so severely that he sustained brain damage is suing the two cops, the city of Alton, and the Alton Police Department for personal injury. Russell K. Cox is seeking over $300,000 plus additional relief.

The Godfrey resident says that on April 24, 2008, Lt. William Taul and Police Officer James Hunter approached him on the street. The two cops allegedly hit him with their hands, flashlights, and fists, threw him onto the ground, sprayed him with some substance, and jolted him with an electroshock-like device. Cox says that he sustained personal injuries, including brain damage, a concussion, permanent hearing loss, extended mental pain, physical pain, suffering, and disability. He also incurred medical expenses.

The Illinois police brutality lawsuit accuses the two men of assault and battery, failing to exercise due care for the plaintiff’s safety, and not obeying procedures and policies that prohibit excessive force. Cox is suing the the city of Alton and its police department for the violent police assault and battery incident, failing to exercise the due care necessary to ensure his safety, failing to set up the proper procedures, failing to train police officers on not using excessive force, and failing to obey policies that bar the practice of police brutality.

Brain Damage
Brain damage can seriously impair a person’s ability to function properly—especially if the brain injury is severe and permanent. Depending on the type of brain injury, the victim's memory, judgment, any of the five senses, the ability to communicate, the ability to stay cognizant, his or her personality, libido, and ability to complete routine tasks can all be affected.

Brain injuries are often catastrophic, costly injuries that wreak havoc on the lives of the injured party and family members.

Godfrey man claims brain damage after Alton police allegedly assault him, The Record, April 8, 2009

Related Web Resources:
Traumatic Brain Injury Information Page

Use of Force By Police: Overview of National and Local Data, US Department of Justice

Continue reading "Chicago Personal Injury: Illinois Man Sues Police for Brain Injury Sustained During Alleged Police Brutality Incident" »

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Posted In: Personal Injury , Police Brutality/Civil Rights Violations , Traumatic Brain Injuries

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In Illinois, a 25-year-old University of Chicago student is suing the school for personal injury. The woman, who was raped when she went on a date four years ago, says she sought help at the Student Care Center following the incident but that the nurses there failed to use a rape kit to collect medical evidence to show she had been sexually assaulted.

Her Chicago personal injury lawsuit contends that prosecutors decided not to press criminal charges against her attacker because there was no medical evidence. The plaintiff claims that not securing the rape kit violated Illinois law, as well as the standards of care she should have received at the care center. She also says that she suffered serious emotional damage, including fear, shame, post-traumatic stress disorder, and anxiety, because her attacker was never brought to justice.

Her Illinois personal injury lawsuit had been dismissed on two occasions. A Cook County judge, however, gave the plaintiff permission to refile her claim to include more specific claims. This week, the judge is expected to determine whether the case can proceed.

According to the plaintiff’s complaint, state statutes and medical standard of care required that the student care center gather evidence and document her injury. She also contends that the center should have had procedures in place for administering the rape kit. The university, however, maintains that it was the woman who declined to be examined and evaluated for evidence that she was sexually assaulted.

The victim had filed an Illinois personal injury lawsuit against her attacker. A civil ruling determined that the plaintiff was raped. The parties reached a confidential settlement regarding this matter.

Rape Kit
A rape kit is used in medical facilities to collect evidence that a victim has been raped. The evidence, which is gathered and stored, can be used in court.

College Rape Facts:
• 1 out of 4 college women is the victim of sexual assault.
• 1 out of 8 college women will be raped.
• 84% of the rape victims knew their attackers.
• More than half of college rapes are date rapes.

Statistics on College Rape, Bates.edu

U. of C. says woman filing suit had 'declined' rape exam, Sun-Times.com, April 2, 2009

Student feels violated twice, Sun-Times, April 1, 2009

Related Web Resources:
Student Care Center at the University of Chicago

Rape on College Campuses, Chicago Tribune, December 2, 2007

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Posted In: Personal Injury

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The family of Tabitha Carroll, a 32-year-old East Dubuque woman who died last October 31 after the family’s truck was pinned by a semi-tractor trailer against an Illinois Department of Transportation vehicle has filed their wrongful death lawsuit. The family’s Illinois personal injury lawyer also filed two personal injury claims related to the motor vehicle crash.

Carroll died from the injuries she sustained in the large truck accident. Her husband Randy and their 3-year-old son Gabriel suffered serious injuries. The tragic accident took place in Kane County.

According to the Illinois wrongful death lawsuit, truck driver Jeffrey Repec acted recklessly and negligently when he got behind the wheel of the truck while under the influence of marijuana. The 30-year-old trucker’s employer, Geils Farms, is also a defendant in the case. According to accident investigators, five of the 10 brakes on the truck were not adequate.

There are many reasons why truck accidents happen. While truck driver negligence or error is a common reason, there are steps that truckers can take to prevent injury accidents. Suggestions provided by Road Safe America include:

• Paying attention to the vehicles on the road
• Modify your driving according to current road conditions
• Make sure you are well rested before you get behind the wheel of a truck
• Decrease your speed when you are driving through or by work zones
• Keep a safe distance between you and other vehicles
• Make sure your vehicle is properly maintained
• Practice defensive driving

Wrongful death suit filed by East Dubuque family, THOnline.com, January 27, 2009

Road Safe America

Related Web Resources:
National Highway Traffic Safety Administration

Federal Highway Administration

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury , Truck Accidents , Wrongful Death

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With so many motorists using cell phones on US roads, the National Safety Council is calling on lawmakers in the District of Columbia and all 50 US states to ban the use of cell phones and messaging devices while people are driving. The Harvard Center of Risk Analysis reports that about 636,000 auto accidents a year occur because a driver was talking on the phone or text messaging. 2,600 people die and 330,000 people are injured annually as a result.

Contrary to popular belief, the NSC says that the University of Utah researchers have studies showing that talking on a hands-free device is not safer than talking on a hand-held cell phone. In Illinois, localities are allowed to come up with their own laws regarding cell phone use by motorists. Chicago has a ban on hand-held cell phones while driving. The entire state, however, prohibits drivers younger than 19 and school bus drivers from using any kind of cell phone when operating their vehicles.

According to the Insurance Information Institute, a driver’s ability to safely operate a vehicle is seriously impaired when talking on the phone or text messaging because not only do motorists take their eyes off the road when operating their devices, but they can get so involved in their conversations that their concentration is not where it should be—on the road. According to a Nationwide Mutual Insurance Co. survey of 1,200 drivers, 73% of the participants use cell phones when operating their vehicles.

Text messaging while driving is also a common habit, especially for teen drivers. Nationwide also found in January 2007 that 19% of drivers admitted to texting while driving.

The Insurance Institute for Highway Safety says that drivers who talk and text message on cell phones have a four times greater chance of becoming involved in an injury accident than motorists who don’t use these devices while driving.

National Safety Council Calls for Nationwide Ban on Cell Phone Use While Driving, NSC.org

Cell Phone Laws, Insurance Institute for Highway Safety

Related Web Resources:
Cellphones and Driving, Insurance Information Institute, October 2008

Illinois Cell Phone Laws, DMV.org

Continue reading "NSC Wants All US States to Ban Drivers from Using Cell Phones" »

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Posted In: Automobile Accidents , Bus Accidents , Personal Injury , Truck Accidents , Wrongful Death

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In St. Clair County Circuit Court, two Monroe County women filed an Illinois truck crash lawsuit against Collins Industries and semi-truck driver Rusty Arnold White. Elizabeth M Lewis and Henrietta J Langbein say they suffered serious injuries from the January 9, 2007 truck crash. They are seeking over $200,000, plus costs.

The accident occurred on Illinois State Route 3 when White, who was towing a 48-foot flatbed trailer behind his semi-tractor, struck Lewis’s 1998 Mazda Protégé. Langbein was riding in Lewis’s car with her.

The women’s Illinois personal injury lawsuit contends that the women suffered serious and permanent injuries, as well as disability and disfigurement. As a result of their injuries, they claim they can no longer do their job or engage in certain activities. They also say they experienced mental trauma from the crash and have racked up medical expenses while getting treatment for their injuries.

Their complaint accuses White of negligence due to his failure to control his large truck, maintain a proper lookout, slow down his vehicle to avoid causing a crash, drive at a slower speed, stop in a safe manner, keep enough space between him and the car in front of him, and stay in his own lane. The woman say Collins Industries failed in its duty of care because one of its employees did not drive in such a manner that would prevent the truck crash from happening.

Illinois Truck Crash Cases
Large truck crash cases are harder to pursue than motor vehicle claims and lawsuits against car drivers or motorcyclists. It is important that your Illinois truck crash lawyer is familiar with state and Federal Motor Carrier Safety Administration regulations and knows what questions to ask and what evidence to look for when investigating your case.

Companies that own large truck companies are experts when it comes to minimizing their liability. A good Illinois truck crash lawyer will know what evidence to look for and how to examine a trucker's log and other records to determine what caused the truck collision.

Monroe County women sue over auto accident, The Record, December 23, 2008

Related Web Resources:

Federal Motor Carrier Safety Administration

Collins Industries

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Posted In: Personal Injury , Truck Accidents

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In Chicago on Friday night, 1 woman died and 11 were injured in two separate auto accidents. Eight of the injury victims were children.

The first accident involved a single vehicle, in which, according to the Illinois State Police, the motor vehicle rolled over a number of times before stopping near South Doty Avenue and 120th Street. The driver of the vehicle died at the crash scene. Five passengers, four children and one man, were taken to local hospitals for treatment of their injuries.

In another accident, six people sustained serious injuries in a two-vehicle collision that occurred at Western and Ogden Avenues. One of the vehicles left the accident scene. Four of the injury victims were children.

Car Accidents
There are many possible reasons why car accidents occur. Drunk driving, distracted driving, driver inattention, defective auto parts, road debris, faulty traffic lights, and poor weather conditions are just some of the causes.

Often, insurance companies will try to get you to settle your claim before you know how much it will cost for you to recover from your injuries. It is important that you speak with a Chicago car crash lawyer first before reaching an agreement with an insurer that could prevent you from receiving the maximum recovery that you are owed.

Motor vehicle collisions are a leading cause of wrongful death in the United States. If your loved one died in a Chicago car crash, truck accident, pedestrian accident, or motorcycle collision that was a result of someone else’s negligence, you are entitled to financial compensation for your tragic loss.

2 crashes in Chicago kill 1, hurt 8 kids, ChicagoTribune, October 14, 2008

Related Web Resources:

Rollover, Safercar.gov

National HIghway Traffic Safety Administration

Illinois Department of Transportation

Continue reading "2 Chicago Car Accidents Leave 1 Person Dead and 11 Others Injured" »

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Posted In: Automobile Accidents , Personal Injury , Wrongful Death

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More mesothelioma lawsuits have been filled in Madison County, Illinois. These Illinois personal injury lawsuits are just a few of the many suits that have been filed throughout the United States by workers and families seeking to obtain compensation for illnesses and deaths due to exposure to asbestos at work.

Asbestos is a group of naturally occurring minerals that have been used in certain products and were present in many construction sites until the 1980’s. Some 2,000 to 3,000 mesothelioma cases are diagnosed each year.

Among the recent mesothelioma lawsuits in Madison County:

* The estate of George Charles Davis is suing 25 corporations because he was exposed to asbestos while working as an engineer in Illinois, New Jersey, Colorado, and Texas from 1951 to 1983. Davis’s lawsuit accuses the defendant companies of negligence because they did not provide workers with instructions on how to work safely with asbestos. The estate is seeking at least $150,000.

* Mary Lindsey’s estate is suing 75 corporations for her lung cancer death. The lawsuit claims that secondary asbestos exposure caused her illness and that she was exposed to the toxic fibers from her husband's work clothes. Her estate is seeking at least $250,000.

* Illinois resident Franz Mueller is suing 75 companies after he was diagnosed with mesothelioma earlier this year. The plaintiff says that he was exposed to asbestos while working as a machine operator and a welder. His lawsuit contends that the defendants did not exercise reasonable care to ensure his safety on the job. He is seeking at least $150,000 for medical care, lost income, and legal fees.

* Geraldine Kruemmelbein says her husband, who died from lung cancer in 2006, got sick because of asbestos exposure at work. Robert Kruemmelbein was a Duncan Foundry laborer from 1950 to 1960, a maintenance worker for Dow Chemical in 1961, and a machine operator at Owens-Illinois Glass for over 30 years.

Geraldine is suing 74 defendant corporations. Her wrongful-death lawsuit contends that the defendants should have anticipated that exposure to asbestos would make her husband ill. She says her husband experienced great physical and mental anguish because of his cancer and that he spent large sums of money prior to his death for medical costs. The disease also prevented him from working and the family experienced the loss of his support and society.

Bunker Hill woman files asbestos complaint in husband's death, The Record, August 27, 2008

Several Mesothelioma Lawsuits Filed in Illinois, TransworldNews.com, August 28, 2008

Related Web Resources:

Mesothelioma

Mesothelioma and Asbestos Center

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury , Workers' Compensation , Wrongful Death

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In Chicago, a 32-year-old man is in intensive care and paralyzed from the neck down after getting hit by what he says was falling masonry. Rogelio Rodriguez says he pushed a woman out of the way so that a slab of falling concrete wouldn’t strike her. He was hit instead.

Rodriguez’s wife, Amelia, says the accident occurred on August 15 close to Cermak and Damen. Meantime, Chicago police confirm that an accident occurred close to Damen and 22nd next to a building under construction but did not issue specific details. Amelia says Rodriguez, the family’s main source of support, is in a great deal of pain and will have to undergo surgery.

If you were injured because you believe that another party was reckless or careless, you may be entitled to receive personal injury compensation for your injuries, medical and recovery costs, and other damages. Some personal injuries can be catastrophic, and the expenses incurred from treating and living with such a serious injury can be too much for one’s medical insurance to cover.

Construction Accidents
While construction workers are the ones most prone to serious injury in most construction accidents, there are accidents that occur when innocent bystanders or others that happen to be at or around the site are the ones that get hurt.

Some examples of constructions accidents:

• Falling debris
• Fall accidents
• Defective machinery
• Crane collapses
• Scaffolding accidents
• Site explosions

Hero paralyzed saving woman, Chicago Sun-Times, August 27, 2008

Man paralyzed by falling debris, ABClocal.go.com, August 25, 2008

Related Web Resources:

Spinal Cord Injuries, MedlinePlus.com

Construction Safety, National Institute for Occupational Safety and Health, CDC.gov

Continue reading "Chicago Man Says He Was Paralyzed After Being Struck by Falling Masonry" »

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Spinal Cord Injuries

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Every day, five children under the age of 19 die as the result of an accidental shooting or suicide by gun. According to the American Academy of Pediatrics, firearms (accidental, suicide and homicide) claim the lives of some 4,000 children under age 20 each year. Most of the deaths are preventable.

We recently represented a Chicago family for the accidental shooting death of their 16-year-old son. My client lived next door to a young girl whose father possessed a handgun. A young boy from the neighborhood asked the girl to provide him with the gun so he could look at it. When the girl handed the boy the gun, he refused to return it. Later that week the boy was showing my client the handgun when it accidentally fired, striking my client in the head and killing him.

We filed a wrongful death lawsuit against the shooter as well as the owner of the gun. The shooters family was insured by a homeowner's policy that covered the accidental shooting. We recovered 100% of the available insurance.

We also made a substantial recovery against the owner of the gun. After an arbitration hearing, the Judge ruled that it was negligent to leave a handgun in a place that was accessible to a child.

Unfortunately, most fatal firearm accidents occur when children and teens discover firearms at home that have been left loaded or unsecured. Because of the serious risk of firearm related death and injury to children, the decision to keep a firearm in the home is very serious and one that must not be made lightly.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury , Wrongful Death

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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.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Slip and Fall Accidents , Workers' Compensation

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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.

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Posted In: Construction Accidents , Personal Injury , Slip and Fall Accidents , Workers' Compensation

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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.

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Posted In: Personal Injury

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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.

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Posted In: Automobile Accidents , Personal Injury

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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.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Automobile Accidents , Personal Injury

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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.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury , Products Liability

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