Chicago Injury Attorney Blog

Hazardous or dangerous conditions on a property that cause serious injury or death to a person can be grounds for an Chicago, Illinois premises liability lawsuit. It is a premise owner’s responsibility to make sure that any hazards are removed from a property or repaired so that visitors, patrons, tenants, guests, customers, passersby, and others don’t get hurt. Electrical dangers, broken steps, uncovered swimming pools, and debris/wet liquids left on the ground are some examples of possible premise hazards.

Earlier this month, a tenant filed her premises liability lawsuit over an Illinois slip and fall accident that she claims occurred to her in September 2008 as she tried to walk down the basement stairs of her rental residence. The steps were slippery because of a water leak in the basement, and Christina Whitford contends that property owner Brian Stanley should have known about the leakage.

The plaintiff also accuses Stanley of failing to give her a safe way to enter and exit the basement, improper maintenance of the property, neglecting to warn of the danger, and failure to address safety problems in a timely manner. Whitford claims that as a result, she experienced suffering and pain after she hurt her arm and shoulder. Her injuries caused her to incur medical expenses and made it impossible for her to tend to her regular responsibilities. She is seeking over $50,000 in Illinois premises liability compensation.

In a different Illinois fall accident case, Gerald and Donna Mangiarcino are suing Lowe's Home Improvement Center, Lowe's of Glen Carbon, Lowe's Home Centers, Lowe's of Illinois, and unknown persons that have been named John Does. Gerald claims he suffered disability, experienced suffering and pain, had to give up his regular lifestyle, and lost income when he was injured in a trip and fall accident at the Lowe’s in Glen Carbon in April 2006. He contends that he was injured when he tripped over a garden hose that was on a walkway and then fell into a puddle. Donna says she too experienced losses from the premises liability accident, including loss of her husband’s consortium, society, companionship, affection, love, and support.

Lowe's sued by man who trips over garden hose, The Record, March 5, 2010

Wet stair cause woman's severe and permanent injuries, says suit, The Record, March 5, 2010

Related Web Resources:
Slip and fall, Nolo

Premises Liability, Justia

The Chicago Board of Education and the Chicago Youth Centers have reached a nearly $14.7 million Chicago, Illinois personal injury settlement with Ryan Murray. The 30-year-old Chicago resident was just 13 when he got hurt during a tumbling class at a South Side elementary school in December 1992. A Chicago Youth Centers employee was supervising the class, and the trampoline belonged to the Chicago Public Schools.

After striking his head while jumping off a mini-trampoline, Murray became a paraplegic. He filed a Chicago personal injury complaint suing for damages.

His Chicago injury lawsuit has been making its way through the Illinois court system for years. The Illinois Supreme Court tossed out the complaint in 2006 after determining that Murray couldn’t sue a government entity. The state’s highest court says that in order to be considered an exception to the law that doesn’t allow injured parties to sue government bodies, the injury needed to have been intentional.

Murray’s Chicago personal injury lawyer, however, argued that the school and others involved were reckless in the way that they conducted the class, which was an extracurricular activity that took place at lunch. The Illinois Supreme Court agreed to hear the case again and in 2007, reversed itself, making way for the Illinois injury lawsuit to move forward.

The Cook County injury trial had been scheduled for this month.

Quadriplegia
This condition, which involves a spinal cord injury, leaves a person paralyzed from the neck down. Quadriplegics are generally unable to move their bodies and they may also suffer from digestion problems, respiratory issues, serious pain, sexual dysfunction, bowel issues, bladder problems, muscle spasms, and a shorter lifespan. The medical expenses for someone leaving with this type of SCI can be astronomical, which is one reason it is important to obtain the maximum financial recovery from all liable parties.

$14.7 million settlement in trampoline suit against CPS, Chicago Breaking News, February 25, 2010

17 years later, $14.6M settlement in trampoline injury suit, Chicago Sun Times, February 25, 2010

Related Web Resources:
Chicago Board of Education

Chicago Youth Centers

Premise owners are responsible for making sure that there are no slippery, icy, or wet substances or patches on a property that can cause a patron, a tenant, or a visitor to get hurt in an Illinois slip and fall accident. Otherwise, an injured parties may have grounds for filing a premises liability claim.

Recently, Kimberly S. Jarnagin filed a Bethalto slip and fall lawsuit against Deb's Barber and Salon for injuries she sustained when she slid on mud, water, and debris in the parking lot of a building where she was renting office space. The building belongs to Debra Lowenstein.

Jarnagin claims she sustained painful, serious, and permanent injuries, incurred medical expenses, and lost wages. She accuses Lowenstein of failing to make sure the parking lot had a drain pipe and gutter system that would have prevented the mud and water from accumulating. Jarnagin also is claiming that the defendant failed to warn about the dangers posed by the debris and water. Jarnagin is seeking over $50,000.

In another Illinois slip and fall incident, Ed Adams claims he tore his rotator cuff after he slipped on ice at the home of Rolf and Betty Jacobsen on February 3, 2008.

Adams says that he was helping another guest who had slipped and fallen outside the couple's home when he also slipped on an unnatural accumulation of ice on a sloped area. The plaintiff claims that his right shoulder was injured and he experienced pain, disability, and loss of his normal life as a result. The plaintiff is seeking over $100,000 from the Jacobsens. He blames them for allowing such a dangerous condition to exist on their property.

Man slips on ice while helping someone who slipped on ice, The Record, February 10, 2010

Woman slips on water, mud and debris in Bethalto parking lot, The Record, February 11, 2010

Related Web Resources:
Slip and Fall, Nolo

Premises Liability, Justia

The family of 10-year-old Aquan Lewis is suing Evanston Skokie School District 65 for his Cook County wrongful death. Lewis was discovered hanging from a bathroom stall hook at Oakton Elementary School on February 3, 2009.

Paramedics were able to revive him but he died at a Chicago hospital the following day. Suicide was determined to be Aquan's cause of death.

However, Aquan’s family is holding the school district responsible for his hanging. Angel Marshall says that the district was responsible for her son while he was at school and that school employees should have gone to look for him after he disappeared at around 2:30 pm. Aquan was discovered a half hour later.

According to the family’s Chicago, Illinois wrongful death lawyer, even though the school district and Evanston police announced during a press conference on February 17, 2009 that all evidence had been looked at, there was vomit, blood stains, and other physical evidence that had not yet been studied.

The Cook County wrongful death complaint claims that the 10-year-old’s nose was bleeding when he was found. There was also blood in the bathroom. Lewis has said that she does not believe her son committed suicide. She says the school should have accounted for him when he went missing.The family believes that the school district could have done more to investigate Aquan’s death.

The Illinois wrongful death lawsuit is seeking over $50,000 and claims survival action negligence, wrongful death negligence, survival related to willful and wanton conduct, and wrongful death related to willful and wanton conduct.

Schools are responsible for students’ well-being and safety during school hours. They are also supposed to make sure that there are no hazards, unsafe conditions, or dangerous circumstances that could cause Illinois injuries to minors or wrongful death.

Family sues school district over hanging death of son, Chicago Sun-Times, January 30, 2010

Aquan Lewis: 10-Year-Old's School Death Ruled Suicide, The Huffington Post, February 4, 2009

Related Web Resources:
Evanston Skokie School District 65

Oakton Elementary School

The family of the toddler who became ill with salmonella after touching a snake at a Gurnee reptile zoo on December 14, 2007 has filed a Lake County, Ilinois injuries to children complaint. They are seeking over $50,000 in damages from Serpent Safari.

According to the Lake County personal injury lawsuit, Trevor Wirtz was hospitalized and diagnosed with salmonellosis after visiting Serpent Safari. He passed the salmonella on to his grandmother, Judith Penoyer. She also was hospitalized for the infection.

The McHenry County family claims that the Gurnee zoo was negligent when it failed to let visitors know that they should clean their hands before and after touching the reptiles. They also say that Serpent Safari neglected to warn parents that kids younger than 5 and people with weak immune systems are at risk of getting salmonella from reptiles. The plaintiffs say that employees encouraged and allowed the toddler to touch the reptile. They also claim that Penoyer, who actively helps take care of Wirtz, sustained permanent and serious personal injuries and/or illnesses, both external and internal, because of the salmonella.

Salmonella
According to the US Centers for Disease Control and Prevention, about 70,000 people contract salmonella from reptiles each year. People can get salmonella from snakes, lizards, turtles, ducklings, and baby chicks, cats, dogs, birds, farm animals, and horses if they don’t wash their hands after touching their feces. A person can also contract salmonella by eating food that is contaminated.

Young children, babies, cancer patients, people with HIV, and organ transplant patients, are at greater risk of developing salmonella. While symptoms typically include fever, diarrhea, and stomach aches, there have been cases where a person has developed more serious health complications from salmonella.

Lawsuit claims boy pets snake, gets salmonella, The Daily Herald, December 30, 2009

Snake at Gurnee's Serpent Safari sickened boy and caregiver, lawsuit claims, Chicago Tribune, December 31, 2009

Related Web Resources:
Salmonella Infections, KidsHealth

Salmonella Infection (salmonellosis) and Animals, CDC

Thursday’s fire at the high-rise Plaza on DeWitt claimed the life of 1 person and injured 12. Killed in the fire was 84-year-old Beeta Bihl, whose severely burned body was found close to the front of her residence. Among the 12 who were injured, seven were residents and five were firefighters.

Chicago fire officials think that an old toaster in Bihl’s unit may have started the blaze. However, one resident is blaming the tragic incident on the fact that the 44-story building does not have sprinklers in the residential units. The Plaza on DeWitt does have sprinklers in the pump room, parking garage, and trash compactor areas.

According to the Chicago Tribune, Maureen Marley has spent the last eight years trying to get the City Council and her condo board to install the safety devices. She says they have ignored her concerns.

The city of Chicago requires that all high-rises constructed after 1975 have sprinkler systems. Bihl and Marley’s Gold Coast building was built in the 1960’s.

This is not the first fire-related fatality at 260 E. Chestnut Street. Another resident died in 2002 when a fire broke out in her unit. 11 people, 8 of them firefighters, were injured.

Chicago Premises Liability
Property owners and/or management can be held liable for Chicago premises liability if an unsafe condition on a premise that could have or should have been remedied causes injury or death. Slip and fall accidents, dog attacks, inadequate security, safety hazards, falling objects, improperly secured pools and hot tubs, and windows that a person can easily fall out off, are some examples of the many reasons why an injury victim and/or his/her family may choose to pursue an Illinois premises liability or wrongful death claim.

High-rise fire: Resident angry that residential units lacked sprinklers, Chicago Tribune, December 13, 2009

Fatal High-Rise Fire on Chestnut in Chicago Kills Beeta Bihl, Injures 12, Arlington Cardinal, December 10, 2009

Related Web Resources:
Plaza on DeWitt

Department of Buildings, Chicago

Continue reading "Chicago, Illinois High-Rise Building Where Fire Killed 1 Person and Injured 12 Lacked Sprinklers in Units " »

In Cook County, Illinois, a jury has awarded Don Duffy, an Irish immigrant, $8.1 million for the catastrophic injuries he sustained in a swimming pool accident. Because of the plaintiff’s assumption of risk, the award amount was reduced to $4 million.

Don Duffy was seriously injured when he dove into a pool at 4am on July 15, 2001. Duffy had never swam in a pool in the US but assumed that one end of the pool would be shallow while the other end would be deep. After stepping into what he thought was the shallow end of the pool, he got out and dove into what he assumed was the “deep” end of the pool that was, in fact, just 3 ½ feet deep. It turns out that both ends of the pool were “shallow” while the deep end of the pool was in the middle. As a result of the Cook County swimming pool accident, Duffy, who sustained a spinal cord injury, is now suffering from incomplete quadriplegia.

Duffy filed an Illinois products liability lawsuit against pool liner maker Latham Plastic and pool installer Black Oak Pool & Supply. During the Cook County personal injury trial, the defendants argued that Duffy, who had just closed a bar prior to the tragic accident, was allegedly drunk and also assumed risk of injury when he dove into a pool without knowing how deep it was. The jury ruled in favor of the plaintiff against the pool installer. It ruled in favor of the pool liner. It found Duffy 50% liable.

Spinal Cord Injury (SCI): Incomplete Quadriplegia
Spinal cord injuries are serious injuries. With incomplete quadriplegia, recovery may vary depending on the seriousness of the SCI, the degree of damage sustained by the spinal cord, and what part of the spine was injured. Some people with incomplete quadriplegia may experience no significant motor function loss but other faculties may be impaired. Some SCI victims may experienced partial motor function loss and/or sensory impairment.

Spinal cord injuries, traumatic brain injuries, and other catastrophic injuries are costly and can be life shattering.

Incomplete Quadriplegia, Spinal Injury Network

Related Web Resources:
National Spinal Cord Injury Association

Water-Related Injuries, CDC

The wife of a Lansing man who sustained a traumatic brain injury when he fell off a golf court is suing Indian Lakes Resort for Illinois personal injury. Sherri Bergfors is seeking damages for her husband’s TBI and her loss of consortium.

Todd R. Bergfors was participating in a golf outing when one of the resort’s employees gave him a ride in a club golf cart. According to the Cook County personal injury complaint, Bergfors was allegedly forced to stand in the area of the cart that is supposed to hold golf clubs. Because the employee allegedly operated the golf cart in a negligent fashion—per the lawsuit, he made a “sharp turn” and drove the cart at an "excessive speed”—Bergfors was injured in a Cook County fall accident when he was thrown from the golf cart.

He now has a TBI. Bergfors’s physicians told a judge in October that their patient was in a coma. His prognosis for recovery is poor.

The couple’s Cook County personal injury complaint also accuses the defendant of improper employee training, failing to warn Bergfors of the dangers associated with standing on the back of a golf cart, and overloading the golf cart that they were using to transport him.

Property owners can be held liable for Cook County, Illinois personal injury if a hazardous condition on a premise that should have or could have been remedied (or should not have existed on the property to begin with) causes the plaintiff to get hurt. Fall accidents can cause serious injuries, such as traumatic brain injuries, spinal cord injuries, broken hips, and dislocated body parts. These kinds of injuries are very painful and costly to treat. Some of them may be permanent. Many Illinois premises liability accidents are avoidable—if only negligence on the liable party's part did not occur.

Man sues resort after fall from golf cart, Chicago Now, November 12, 2009

Woman sues after husband falls off golf cart, My Suburban Life, November 13, 2009

Related Web Resources:
Indian Lakes Resort

UAB study estimates golf cart accidents injure 1,000 people a month, Al.com, June 10, 2008

A woman has filed a Cook County injury lawsuit against Sears, Roebuck, and Co. for inadequate security. In her Chicago premises liability complaint, Christine Granberry is seeking over $100,000.

Granberry says that after shopping at the Sears on 1334 E. 795h Street, she went back to her vehicle, which she had parked in the store’s parking lot. When she got there she was assaulted by someone trying to steal her purse. She says the person “violently” knocked her to the pavement and kicked her multiple times, causing her to sustain permanent, serious physical injuries and experience severe, prolonged pain that will last for as long as she lives.

Granberry’s Chicago injury complaint accuses Sears, Roebuck and Co. and Sears Holdings Corp. of failing to maintain surveillance cameras that worked in the store’s parking lot, failing to monitor the area, failing to provide a security presence, and failing to help her during the assault.

Department stores can be held liable for Chicago premises liability if a hazard in the store or parking lot causes injury or death and the store owner and/or property owner could have acted to prevent the Chicago personal injury accident from happening.

Just last week, our Chicago injury lawyers posted an account about an octogenarian who settled her premises liability lawsuit against Target for $7 million. Claire Putnam fell after the store’s swinging door hit her. The door then struck her head after she had fallen. She sustained a traumatic brain injury from her Chicago fall accident. In September, Sears was sued for Chicago premises liability by another woman who says she slipped and fell on vomit and paper towel that had been left on a store floor.

On Friday, another woman sued another store for Chicago trip and fall. Claudette Minghetti says that on November 12, 2007, she tripped and fell because a box was left on the floor in the floral department of Treasure Island, a specialty store on the North Side.

Minghetti’s Chicago injury lawsuit accuses LD Trading and Wise and Treasure Island Foods of improperly leaving the box on the ground and neglecting to warn people it was there. She is seeking over $30,000 for damages she sustained from their alleged negligence.

Woman sues Sears after being mugged, Private Officer News, October 17, 2009

Woman sues grocery store after tripping over a box, WBBM Newsradio, October 16, 2009

Related Web Resource:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

In Cook County Circuit Court, Glinda Bridgeman submitted her Chicago slip and fall lawsuit against Sears. Bridgeman says she was injured on July 11 when she slipped and fell on paper towels and vomit that were on the floor of the television department of a Chicago Sears store.

Her Chicago premises liability complaint accuses Sears of negligence, including failing to warn that there were paper towels and vomit on the ground and neglecting to clean away both after it knew or should have realized that either posed an Illinois slip and fall hazard. The plaintiff is seeking over $50,000 in damages.

Store owners and managers owe customers a duty of care to make sure that there are no hazardous conditions on the ground, such as spilt liquid, debris, or other items, that can result in slip and fall accidents.

While a slip and fall accident may sound like a minor incident, often the injuries that result are serious, extremely painful, and costly to treat medically. Slip and fall cases fall under the area of premises liability law and can be grounds for substantial financial recovery.

Just this month, a jury awarded a couple a $324,000 slip and fall verdict against FKG Oil Co., which is the company that owns an Edwardsville Motomart. John Linkes sued for Illinois slip and fall after he fell on a newly mopped floor.

Following the March 2007 personal injury accident, Linkes and his wife Linda filed an Illinois slip and fall lawsuit seeking $2 million. The jury awarded links $150,000 for past and future pain, $49,664.41 for medical expenses, $50 for loss of a normal life, $75,000 for future medical expenses, and $50,000 for punitive damages. Linda was awarded $5,000 for loss of society and $10,000 for loss of her spouse’s services.

Woman Sues Sears After She Slips On Vomit, Chicago Now, September 15, 2009

$324,000 Award in Slip-and-Fall Case, Courthouse News, September 23, 2009

Related Web Resource:
Illinois Premises Liability Act, Justia

Two separate Illinois personal injury lawsuits involving fall accidents caused by hazards on premises are scheduled to go to trial next week. In one case, Mattie Walker-Bennett had sued the City of Alton, its public works department, American Waterworks Service Company, Illinois Water Company, the owner of Central Rivers Construction, and several individuals for injuries she sustained during a 2006 slip and fall accident on a broken sidewalk.

Per her Illinois premises liability lawsuit, Walker-Bennett says she fell in Alton on Alby Street while walking in front of the home of Donna and Jerry Cannon, who are also defendants in the lawsuit. Her complaint contends that the sidewalk was not properly maintained and that a water meter was one reason the ground was in disrepair.

The plaintiff says she sustained permanent ankle and foot injuries and experienced pain, anxiety, stress, humiliation, embarrassment, and income loss because of the fall accident. She also contends that her ability to work was diminished.

Walker-Bennett has already settled her claims against the Cannons and the city of Alton Harold Garrison and American Waterworks are no longer part of the lawsuit. She is seeking at least $50,000 in damages.

In another premises liability trial scheduled to resume next week, Michael Strong is suing Walter Haire and the Walter Haire Living Trust for his fall injuries, pain, suffering, mental trauma, lost income, and medical expenses. Strong says he fell off the deck of a home he was visiting in Edwardsville. He contends that the defendants failed to warn of the hazard, did not properly maintain the deck, and failed to maintain the faulty railing.

Injuries from fall accidents can be extremely painful and can result in broken bones, dislocated or broken hips, traumatic brain injuries, spinal cord injuries, and death. A person that is seriously injured in a fall accident may require surgery, supervised care, and rehabilitation services. He or she may not be able to work, drive, go to school, or completely many routine tasks without assistance. All of this can be very costly, which is why it is important to find out if you have grounds for filing a Chicago injury lawsuit against a liable party.

Alton broken sidewalk case goes to trial Monday, Madison Record, September 10, 2009

Edwardsville deck fall case goes to trial Monday, The Record, September 10, 2009

Premises Liability, Nolo

Related Web Resources:
Premises Liability Act, Illinois, Justia

In Cook County Circuit Court, Allecyn Edwards is suing the Chicago Zoological Society and the Brookfield Zoo for her slip and fall injuries. Edwards contends that she was injured because the defendants had trained the dolphins to splash water at the spectators in the stands, which wet the surrounding floors and made them slippery.

Edwards says that there should have been warning signs to let her know that the floors were wet and that mats should have been used. With her Chicago premises liability lawsuit, Edwards is seeking over $50,000.

Edwards slipped and fell on August 20, 2008 while walking along the floor located close to the bleachers at the zoo’s dolphin exhibit. She claims that her injuries have resulted in pain and suffering, medical expenses, and lost wages.

Slip and Fall Accidents
More than 20,000 people a day are injured in the US in slip and fall accidents. Slip and fall accidents can even be fatal if a person sustains a traumatic brain injury or another serious injury or suffers a health complication as a result of the fall accident.

Slip and fall claims are a kind of Chicago premises liability case that holds the premise owner or manager liable for the condition that caused the injury accident. Could the premise owner or another responsible party have prevented the slip and fall accident? Did either of these parties contribute in some way—even via ignorance—to causing the slip accident, fall accident, or trip accident from happening? Even if the premise owner didn’t know about the hazard that contributed to the slip and fall accident, should this person or entity have known about the danger so it could have been remedied before someone got hurt?

Other kinds of Chicago premises liability claims may include grounds for:
• Inadequate security
• Improper maintenance
• Falling merchandise
• A defective product on the premise

Brookfield Zoo dolphin lawsuit: Woman sues over fall she blames on wet floor, Chicago Tribune, August 20, 2009

Slip and Fall, Nolo

Related Web Resources:
Brookfield Zoo, Chicago Zoological Society

Read Allecyn Edwards's slip and fall lawsuit (PDF)

The family of 21-year-old Alex Drews is suing the Chicago Cubs for wrongful death and negligence. Drews died from injuries he sustained on August 31, 2007 when a cinder-block and steel wall fell on him.

Drews had run into the lee of an outbuilding on Cubs property because a storm had broken while he was walking and that is where the wall crushed him. Drew’s family says that his death could have been prevented if only the outbuilding, scheduled for demolition, had been removed before the Cook County premises liability accident happened. The outbuilding, a former carwash, has been used to store the bicycles of fans during game days.

The Chicago wrongful death lawsuit is seeking unspecified damages. The plaintiffs say that they spent almost $500,000 in medical bills while doctors tried to save Drew. The family’s wrongful death lawyer says that negotiations to reach an out-of-court settlement ended after the Chicago Cubs walked away from the table.

The 21-year-old died 8 days after the injury accident. Autopsy results show that Drew died from a broken neck and a fractured skull.

Premises Liability
A premise owner must make sure that there is nothing on the property that can cause serious injury or death to others. This includes making sure that any hazards are repaired or removed from the premise and that there are no other unsafe conditions that could harm a patron, visitor, guest, or another person that sets foot on the grounds. Failure to ensure this duty of can be grounds for a Chicago, Illinois premises liability case.

Cubs sued in 2007 death near Wrigley Field, Chicago Tribune, August 22, 2009

Cubs sued after car wash collapses, kills man in 2007, Chicago Sun-Times, August 21, 2009

Related Web Resources:
The Official Site of the Chicago Cubs

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

A sewer repairman is suing a couple for Illinois premises liability. Taylor Schultz, a sewer repairman, says the trip and fall accident happened on August 11, 2007.

Schultz says he was hired by Scott Whitehead to fix a sewer clog in Whitehead’s home. In his Illinois trip and fall lawsuit, Schultz contends that he tripped on an uneven step as he went down the stairway to the basement.

He says that he fractured his ankle and experienced mental trauma and physical pain as a result. Schultz says that if it weren’t for the trip and fall accident, he would have been able to pursue his career without interruption and would have made a great deal more money. He suffered disability and disfigurement and has medical bills because of his personal injuries.

Schultz says that the stairwell that Whitehead designed and constructed was defective and uneven. He says the rise and depth of the step tread that he tripped on was different than what was on the rest of the stairwell. Schultz claims that after he notified Whitehead that he planned to sue for personal injury, the step was fixed.

Trip and Fall Accidents
A person can get hurt in what is called a “trip and fall” accident if they trip over an object or because of some sort of unevenness that prevents his or her leg from moving forward and accurately landing on the ground in a timely manner so that the body is fully supported and in balance. When this failure occurs, the upper body can fall forward without its legs being able to provide support and a trip and fall accident can result.

Some Common Causes of Trip and Fall Accidents:
• Uneven steps
• Objects on the ground
• Loose floorboards
• Extension cords
• Uneven cracks on the floor
• Uneven sidewalks

Repairman sues customer over trip on stairway, The Record, August 5, 2009

Related Web Resources:
Premises Liability, Justia

Slip and Fall, Nolo

Continue reading "Illinois Trip and Fall Lawsuit Sues Couple for Personal Injuries Caused by Uneven Steps" »

According to the Chicago Tribune, the city of Chicago has slowed down its efforts to make sure that the thousands of porches in the city are safe for use. While the city did initiate an inspections crackdown six years ago when 13 people died in a Lincoln Park porch collapse accident—500 bad porches were identified—the special inspection task force was disbanded in 2006 after the majority of repairs were fixed. Now, the lack of inspection manpower may be one the reason why dangerous porches are being discovered too late.

Just this May, 27-year-old Atit Mansuria and 20-year-old Caroline Manderos got hurt when a porch they were standing on broke. The two of them fell 20 feet to the concrete alley. Manderos fractured her neck while Mansuria, who sustained head injuries, is still in the hospital. The porch they were on hadn’t been inspected for years.

Currently, the city of Chicago has about 43 “conservation” inspectors. In addition to inspecting porches, their job entails checking for structural damage, rodents, and other dangers. Porches are inspected when new permits are issued or when someone files a complaint. However, not everyone knows when a porch may be hazardous, which means complaints aren’t filed until after an accident has happened.

Recent Chicago porch collapse accidents that have led to injuries:

• In August, 2-year-old Jermarih Cook fell six feet when a rotten step collapsed under her weight. Her tooth went through her lip, creating a large hole in her mouth. Although inspectors came to the scene a few days after the Chicago porch accident, a new porch wasn't installed until June.

• Last May, Douglas Ames filed a Chicago premises liability lawsuit against his landlord. Ames tore ligaments in his leg when he partially fell through a porch.

Repairs to some 500 dangerous porches have been delayed due to inspection and legal backlogs. Since January 2008, neighbors and tenants have made almost 2,500 phone complaints warning about possible injuries.

If you or someone you love was injured in a Chicago porch accident, you may have grounds for filing a Chicago premises liability lawsuit against the landlord or homeowner.

Porch safety: Chicago says it's up to you, Chicago Tribune, July 20, 2009

City Of Chicago Emphasizes Safe Porch Usage And Strategies, City of Chicago.org, July 3, 2003

Related Web Resources:
12 Die as Chicago Apartment Porch Gives Way, Los Angeles Times, June 30, 2003

City of Chicago

Continue reading "Chicago Premises Liability?: City Slows Down Porch Inspection Efforts" »

The mother of a Lake County man who died in a Dunkin’ Donuts bathroom has filed a Chicago, Illinois wrongful death lawsuit against Dunkin Donuts, Dunkin’ Brands, Inc., Rahim N. Merchant, Rahim A. Merchant, and Anupam R. Patel.

According to Halina Zalewski’s complaint, her son Simon Chruszcz went into the bathroom at the Dunkin’ Donuts located at 6336 W. North Avenue. When he did not come out of the bathroom for a certain period of time, another customer became worried and knocked on the door.

When Chruszcz didn’t respond, the customer got down on the ground, peered under the door, and saw Chruszcz on his back. The customer tried to kick the door open but an employee yelled at him.

The customer “implored” the Dunkin’ Donuts workers to call for help but they ignored his plea. He contacted 911 after leaving the restaurant.

Chicago police and fire workers arrived more than two hours after Chruszcz went into the bathroom. He was pronounced dead at the hospital.

Zalewski alleges that the defendants would not go into the restroom or call emergency services even though they knew that one of the customers was immobile on the ground and not responding. She is demanding over $180,000.

If your loved one died on another party’s property and you believe that the premise owners or manager could have or should have done more to prevent the death from happening, you may have grounds for filing a Chicago wrongful death lawsuit against all negligent parties.

Premise owners and supervisors are supposed to make sure that there is no condition or situation on the property that could contribute to a patron, client, customer, or visitor getting hurt or dying. Failure to fulfill this duty of care can be grounds for a Chicago premises liability lawsuit if someone is injured.

Man dies in a Chicago Dunkin' Donuts bathroom, mother sues franchise, Chicago Now, June 22, 2009

Premises Liability Overview, Justia

Related Web Resource:
Dunkin' Donuts

Continue reading "Mother Files Chicago Wrongful Death Lawsuit Against Dunkin’ Donuts" »

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" »

The widow of a man who died of lymphoma in 2003 is suing the Illinois village of Crestwood for his wrongful death. Michele Maan De Kok’s Cook County, Illinois wrongful death lawsuit contends that he became ill after drinking contaminated water while living there from 1969 to 1990.

John Maan De Kok was diagnosed with stage IV non-Hodgkin’s lymphoma in 2000. When he died, he left behind his wife Michele and their two young children. Maan De Kok’s family members had no idea why he had this particular kind of cancer, which is normally found in industrial workers that have been around hazardous chemicals. It wasn’t until Michelle read last month’s Chicago Tribune report that she linked the contaminated water to her husband’s death.

The newspaper conducted an investigation that found that for over 20 years, Crestwood leaders allowed people to drink water from a well that the Illinois Environmental Protection Agency had discovered contained toxic chemicals. Crestwood village reportedly told the EPA that it was going to shut down the well. Village officials also told residents that the water they were drinking was treated and came from Lake Michigan even though drinking water continued to come from the contaminated well until December 2007.

Following the Tribune’s publication of its findings, Illinois Governor Pat Quinn asked the Illinois EPA to explain how residents were allowed to drink the tainted water for all those years and why they were never notified that they could have been exposed to toxins. Last month, Illinois EPA officials offered a number of explanations. They said the well had been contaminated for so long that it did not fall under a 2005 state law requiring an issue of notification, the pollutants in the tap water didn’t go above legal limits, and the toxins did not pose a public health risk.

However, the well in Crestwood contains twice the legal limit of vinyl chloride, which has been linked to cancer. According to the US EPA, any kind of level of exposure to this chemical is not safe.

Also last month, a Crestwood resident filed a proposed class-action lawsuit for the thousands of residents that lived in the village between 1986 and 2007. The defendants in the complaint are the Village of Crestwood, current Mayor Robert Stranczek, and former Mayor Chester Stranczek. Joseph Marzano's complaint accuses the defendants of negligence and recklessly disregarding the village residents’ safety.

Illinois Wrongful Death
You may be entitled to Illinois wrongful death recovery if your loved one died because another party acted negligently or carelessly.

Crestwood Water: Cancer Victim's Widow Sues Village , May 15, 2009

Lawsuit filed over Crestwood water contamination, Chicago Breaking News Center, April 24, 2009

Crestwood residents angry about tainted water, ABC Local, April 20, 2009

Related Web Resources:
Village of Crestwood

Illinois Environmental Protection Agency

In Illinois, the family of 6-year-old Dijion Sanders is filing a Chicago wrongful death lawsuit. The garage door crushed the boy in his Calumet Heights home on Saturday night.

Sanders was transported to the University of Chicago’s Corner Children’s Hospital where he was soon pronounced dead. His family plans to sue the owner of the home, the garage door manufacturer, and the installer of the door for his wrongful death. They contend that the door should have had electronic sensors.

Products Liability Lawsuits
The manufacturers and sellers of consumer products are legally obligated to make sure that their products are safe for use. This means that they must design, make, and/or sell products that are free from dangerous defects, come with the proper safety warnings and precautions, and include correct and complete operating instructions. If someone gets hurt or dies because the manufacturer or another liable party failed to fulfill its duties of care to the product's consumer or user, the responsible party can be sued for Illinois products liability or wrongful death.

Examples of product defects include:
Design defects: The product has a defect in its design and this defect led to an injury or death.

Marketing defects: Insufficient instructions or inadequate warnings or marketing that didn’t provide enough/the right information.

Manufacturing defects: Defects that occur during the manufacturing process.

A product liability claim can be filed on the grounds of negligence or breach of warranty. A products liability lawsuit can also be brought on the grounds of strict liability. In these cases, the liable parties may not have necessarily done anything careless or negligent, but the product that caused the injury or death proved to be dangerous or defective despite the liable parties best efforts.

Family Sues After Garage Door Crushes Boy, CBS2Chicago.com, May 13, 2009

Boy killed by garage door, Chicago Breaking News, May 10, 2009

Related Web Resources:
Products Liability Overview, Justia

Premises Liability Overview, Justia

An Illinois woman is suing Metro Ice Inc. and Schnucks Markets for personal injury. Patricia Pope says that on June 6, 2007, she sustained injuries to her neck, spine, back, right shoulder, arms, torso, legs, elbows, right foot, right ankle, right interior cruciate ligament, and right posterior cruciate ligament when she slipped and fell while walking down one of the aisles at a Schnucks market in East St. Louis.

Her Illinois slip and fall complaint contends that a Metro Ice employee who was delivering bags of ice accidentally dropped some ice onto the store floor. Pope is accusing employees that worked for Metro Ice and Schnucks of neglecting to properly inspect the floor, failing to wipe the water off the floor, neglecting to post signs that the floor was wet, and failing to let her know that the ground was wet.

As a result of her Illinois slip and fall injuries, Pope says she is no longer able to enjoy the normal pursuits of life the way she used to and she has racked up medical bills because her injuries needed treatment. She is seeking at least $50,000.

Illinois Premises Liability
Grocery stores and other premises that have patrons are supposed to make sure that there are no foreign substances on their floors that can lead to Illinois slip and fall accidents. Liquids, food products, and other foreign substances that spill onto the ground must be mopped up or cleared away to prevent injuries from happening. Premise owners must post signs warning if a floor is wet or slippery because it has been polished or waxed. They must also make sure that floor surfaces are free from objects that can cause slip and fall accidents, such as torn carpeting, uneven flooring, floor tiles that have come loose, or broken steps.

Slip and fall injuries can be painful injuries and they can be costly and take a long time to treat. This is why you need a Chicago slip and fall law firm that knows how to successfully prove negligence against a liable premise owner so that you can obtain the Illinois personal injury recovery that your injuries warrant.

Melted ice causes woman's injuries, suit claims, The Record, May 5, 2009

Related Web Resources:
Slip and Fall Accidents: Proving Fault, Nolo

Premises Liability Overview, Justia

A senior suburban Chicago couple sustained multiple injuries on Wednesday when the SUV they were sitting in while parked at a McDonald’s was struck by a giant set of Golden Arches. Strong Arizona winds reportedly blew the trademark “M” sign from the top of a pole located across the street from the popular fast food restaurant.

The couple, Carolyn and Russell Janke, was knocked unconscious. Rescue crews had to cut Carolyn from the SUV, which sustained serious property damage from what officials are calling a “freak accident.”

Carolyn is reportedly in critical condition. She reportedly fractured her sternum and her spinal column. Meantime, Russell was struck in the head and needed over 70 stitches.

The couple's daughter-in-law, Ann Janke, wants to know why the sign wasn’t better secured. The Jankes, a Naperville couple, had been returning from their winter home in Arizona to their residence in the Chicago suburbs.

Restaurants, cafeterias, fast food restaurants, and other eateries are supposed to make sure that there are no hazardous conditions on their premises that could injure or kill patrons. This includes making sure that there are no slippery substances on the floor that people might slip and fall over, there is adequate lighting, food is prepared under sanitary conditions and is properly cooked, the security on the premise is adequate so that no violent crimes can take place, and any existing hazards are remedied, repaired, or removed.

When failure to execute these duties of care result in injury or death, the restaurant owner, the management company, and other responsible parties can be held liable for premises liability.

Naperville couple hurt in 'freak accident': McDonald's sign in Arizona falls on their SUV amid heavy winds, Chicago Tribune, April 17, 2009

McDonald's golden arches topple in Arizona high winds, crush Naperville couple, Chicago-Sun TImes, April 17, 2009

Related Web Resources:
Premises Liability Overview, Justia

Continue reading "McDonald’s Restaurant Makes National Headlines As Golden Arches Crush Suburban Chicago Couple Seated in Car in Parking Lot" »

Two plaintiffs recently filed their Illinois slip and fall lawsuits in state court for their personal injuries. They are each seeking over $50,000 plus costs.

In one Illinois premises liability complaint, Dorothy Baker says she fractured her right shoulder while walking on a sidewalk outside a Ponderosa Steakhouse owned by ABI Enterprises. Baker says that she fell because there was no warning sign to let customers know that there was a steep drop off at the end of the sidewalk.

According to her premises liability lawsuit, she fractured her right shoulder, accrued hospital expenses, suffered significant physical and mental pain, experienced disability and disfigurement, can no longer perform her usual responsibilities, and cannot live her life in the way that she is normally accustomed.

Baker is accusing ABI Enterprises of liability because it designed the sidewalk. She also says that the company failed to warn about the sudden drop-off, neglected to place a rail on the drop-off, did not install the proper lighting so that customers could see the drop, and neglected to fix the sidewalk.

In another Illinois premises liability lawsuit also filed in state court this month, Jacqueline Purchase is suing apartment complex owners James and Brenda Hayden for slip and fall injuries she sustained when she was walking on a walkway on the premise.

Purchase says that her premises liability accident occurred because there was ice on the ground. Her Illinois slip and fall lawsuit contends that the complex owners shouldn’t have let the melting snow freeze over the concrete driveway and that they should have taken steps to get rid of the ice, as well as warn her about the hazard.

Purchase says that as a result of the slip and fall accident, she broke her ankle, experienced disfigurement and disability, suffered great physical and mental pain, incurred medical bills, lost wages, and can no longer live a normal life.

Woman falls at Ponderosa, files suit, The Record, April 8, 2009

Apartment complex owners sued over tenant's slip and fall, The Record, April 10, 2009

Related Web Resources:
Slip and Fall News, Justia

Slip and Fall Accidents, Nolo

In Illinois, the mother or 18-year-old Ruben Ivy is suing the Chicago Board of Education for wrongful death. Ivy, a high school Jr., was killed on March 2008 during a shooting outside Crane High School.

In her Chicago wrongful death lawsuit, Emily Green says the city’s board of education ”voluntarily undertook” a system to keep guns off the school premises and that that system did not work. She also accuses the board of knowing that weapons, including the gun that was used to murder her son, were being brought onto the school campus.She is seeking over $50,000 in wrongful death damages.

Ivy’s slaying was gang-related and involved another boy approaching him and shooting him in the chest. Witnesses at the school have identified Ivy’s murderer as 15-year-old Devonte Smith.

Smith was arrested and charged as an adult for first degree murder in Ivy’s shooting death. Another 15-year-old was critically injured during the same altercation when he was beaten with a golf club.

Green, a former Crane High School student, says she was also shot during a gang altercation when she was studying there.

Schools, daycare centers, summer camps, and other institutions and organizations in charge of supervising children are required to exercise a duty of care to make sure that kids are not injured or hurt while under their watch. Failure to exercise that duty of care can be grounds for an Illinois premises liability case or a wrongful death lawsuit.

Reasons why a parent might decide to sue a school for personal injury to a son or daughter:

• Violent crimes
• Sexual assault
• Inadequate security
• Defective playground equipment
• Carbon monoxide exposure
• Food poisoning from contaminated foods
• Hazardous conditions on the premise that could cause serious injury

Mom sues Board of Ed after son killed outside Crane High School, Chicago Sun Times, March 10, 2009

Family sues CPS Board of Ed, ABC Local, March 10, 2009

Teen charged with murder in Crane shooting, ABC Local, March 9, 2008

Student fatally shot near West Side school, ABC Local, March 7, 2008

Related Web Resource:
Chicago Board of Education

A few months ago, the Chicago Housing Authority settled a personal injury lawsuit involving a female infant who sustained serious burn injuries while living in the city’s public housing. In 2004, Jasmine Watson had rolled off a bed and landed on a hot radiator coil that had a broken cover.

The incident took place in at the Harold Ickes Homes located on the Chicago South Side. Jasmine’s grandmother, who was the tenant registered with the CHA, says that the radiators have been defective for years even though the malfunction has been noted during yearly unit inspections.

The CHA was unable to come up with inspection documents for years past, but a notice from just two months before the accident does report that there were defective radiator covers.

Jasmine, who is now five, has permanent scars from the Chicago premises liability accident. She will have to wait until she is older before she undergoes more medical procedures to treat her injuries.

The injuries to minor lawsuit was settled for $225,000. However, the CHA has never admitted fault.

Since 2000, the CHA has been named in over 180 premises liability complaints by residents that have to live with chronic living conditions, including rats, defective appliances, leaks, roaches, mold, defective lighting, hazardous stairwells, and sewage issues. These problems make for poor living conditions and dangerous hazards that can cause personal injury or wrongful death accidents.

Premises Liability
Chicago landlords and property managers are obligated to make sure that they repair all maintenance issues and get rid of any hazardous conditions on a premise. Common grounds for premises liability claims include:

• Inadequate security
• Improper maintenance
• Slip and fall
• Hazardous or unsafe conditions

CHA accident burns girl, raises maintenance questions, Chi-Town Daily News, February 9, 2009

Premises Liability Overview, Justia

Related Web Resources:
Chicago Housing Authority

Buildings closed at Ickes Homes, Chicago Journal, January 21, 2009

An Illinois woman is suing Memorial Hospital for injuries she sustained during a slip and fall accident. Sonja Harris says she hurt herself when she slid on melted snow in the entryway of the hospital and fell.

The alleged Illinois slip and fall accident occurred on February 14, 2007 as the plaintiff entered the door located between medical office center number 1 and the emergency room. As a result of the fall accident, Harris says she sustained serious internal and external injuries, felt sore, became lame, disabled, disorderly, and experienced extreme physical and mental pain. Her premises liability lawsuit also claims that she lost wages because she took time off from work and incurred medical bills because of her injuries.

Harris is accusing Memorial hospital of negligence because it allegedly failed to make sure that floor at its entryway was in a safe condition, did not clear the water from the floor, neglected to warn her about the melted snow, and failed to make sure that there was a runner or non-slip surface on the ground. The St. Clair County woman is seeking over $50,000 plus costs.

Slip and Fall Accidents
While a slip and fall incident may seem like a minor kind of accident, the injuries a person can suffer when slipping and falling can be very painful, debilitating, and disabling. Slip and fall injuries have been known to result in broken bones, hip injuries, back injuries, bruises, spinal cord injuries, and even head injuries. The elderly are especially at risk of sustaining a serious injury during a slip and fall accident.

Common Kinds of Slip and Fall Accidents:
• Trip and Fall
• Step and Fall
• Slip and Fall
• Stump and Fall

Premise owners are responsible for making sure that there are no conditions on a premise that can result in a slip and fall accident. A slip and fall accident victim may have grounds to hold a negligent or careless property owner or manager liable in civil court for Illinois premises liability.

Hospital Sued Over Woman's Fall on Melted Snow, The Madison/St Clair Record, February 3, 2009

Related Web Resources:
Preventing Injuries from Slips, Trips and Falls, NASD

Proving Fault in Slip and Fall Accidents, Nolo

The state of Illinois is ordering the Minee Subee daycare center in Lincolnshire to shut down after one of its workers was charged with the first-degree murder of a 16-month-old child who was being taken care of at the facility.

The daycare employee, Melissa M Calusinski, is accused of allegedly throwing Benjamin Kingan onto the floor on January 14 because she was frustrated that the children were making so much noise. The toddler sustained traumatic brain injuries, a skull fracture, and massive bleeding. Benjamin died from his injuries.

Kalunski was a teacher’s aid at the Chicago daycare center. She reportedly told investigators that she “forcefully threw” Benjamin to the ground after she lost her temper. Following the alleged assault, the toddler grabbed a blanket, climbed into a chair, and passed out. It was then that Kalunski contacted police and asked other workers for help.

Premises Liability
Chicago daycare centers and other facilities charged with the care or supervision of children are supposed to make sure there are no hazardous conditions or dangerous persons on a premise that could cause a child under their care any harm. When failure to properly supervise employees, remove or repair dangerous conditions, or provide proper security on the premise leads to injuries or death, the premise owner and others involved could be held liable with a Chicago personal injury or wrongful death lawsuit.

In an unrelated incident, The Chicago Sun-Times is reporting that a 30-year-old mother broke the window of a local daycare center when she saw that her son was alone and locked inside the facility. Police are looking into this matter.

Daycare where baby died shut down, Chicago Sun Times, January 30, 2009

Mom Finds Child Locked Inside Daycare Alone, Chicago-Sun Times, January 28, 2009

Grieving Mom Speaks at Toddler's Funeral, NBC Chicago, January 22, 2009

Toddler's 'injuries weren't apparent', Lake County News Sun, January 19, 2009

Continue reading "Illinois Orders Chicago Daycare Center Shut Down After Worker is Charged in 16-Month-Old’s Death" »

In Cook County Circuit Court, Deborah Green filed her Illinois wrongful death lawsuit over the death of her son Darjon Taylor. The 22-month-old boy died in January 2008 after he became trapped in a fire at Porter’s Playhouse, a day care center in Chicago.

In her lawsuit, Green accuses day care owner and operator Thomasine Porter of not providing and properly maintaining working smoke detectors. The complaint also says that the city of Chicago neglected to cite Porter or shut down her facility.

Just two months before the fire started in Porter’s basement, which also serves as the day care center, Porter was cited for not having working smoke detectors. A smoke detector, however, did sound on January 16, 2008 when the fire broke out. Porter tried to douse the flames with a fire extinguisher. When her attempts proved futile, she began pulling the children out of the burning house.

The day care operator was able to rescue five of the kids under her charge. However, the flames became too large for her to reach Darjon, who was eventually rescued by firefighters. The found him hiding in a closet. Darjon, who experienced smoke inhalation, was later pronounced dead.

Smoke Inhalation
According to Emedicinehealth.com, the number one cause of fire-related deaths is smoke inhalation, resulting in 50-80% of fire fatalities. Smoke inhalation can take place when a person breathes in combustion products during a fire.

Premises Liability
Premise owners are supposed to make sure that there are not any hazardous conditions on a premise that can cause patrons, visitors, or residents to get hurt. If there are potential hazards, it is the responsibility of the property owner or manager to repair or remove them. Negligence to perform this duty of care could result in an Illinois premises liability or wrongful death lawsuit if someone is injured or dies.

Officials probe South Side day-care fire that killed toddler, Chicago MetroMix, January 16, 2009

Mother files lawsuit over son's death in 2008 South Side day-care fire, Chicago Tribune, January 15, 2009

Smoke Inhalation, Emedicinehealth.com

Related Web Resources:
Teaching preschoolers to be fire safe, Cyberstreet.com

Premises Liability Overview, Justia

In Illinois, the state appellate court has ruled that the owners of Diamonds Gentlemen’s Club, a DuPage County strip club located near West Chicago, must remain a co-defendant in a wrongful death lawsuit filed against a man who drank alcohol at the club before causing a deadly drunk driving accident.

The DUI crash occurred on January 4, 2006 on Illinois 25 and was caused by John Homatas, a 26-year-old Wayne resident, when his SUV crossed the center line and struck another vehicle.

The owners of the strip club had argued that it should be excluded from the Illinois wrongful death lawsuit because their business did not serve the alcohol that Homatas consumed while at the club.The club is a BYOB establishment.

However, the court ruled that the strip club owed the plaintiffs a duty of care because its workers made Homatas leave the premise after they found him throwing up in the bathroom. They also let him get behind the wheel of a motor vehicle even though they knew he was drunk.

Homatas, who was drunk and also took cocaine prior to the crash, was convicted for causing the deaths of Yorkville resident April Simmons, her 8-month old fetus, and Homatas's friend, St. Charles resident John A. Chiariello.

According to the National Highway Traffic Safety Administration, there were 12,998 victims who died in drunk driving accidents in 2007. 434 of those deaths occurred in Illinois.

Illinois Department of Transportation Drunk Driving Facts:

• Approximately 310,000 people are injured because they were involved in drunk driving accidents.
• In 2002, 51,649 people were arrested for DUI in Illinois.

Strip club can't escape lawsuit, Daily Herald, December 4, 2008

Illinois Drunk Driving Fact Sheet, Illinois Department of Transportation

Related Web Resource:

National Highway Traffic Safety Administration

The Illinois mother of a Waukegan elementary school student is incensed because she says that Hyde Park Elementary School workers directed her daughter to walk home. Kandi Stone says her daughter Arejohnnae Powers, now 7, became so traumatized when she wandered on her own that she continues to have nightmares. Following the incident, Stone removed her daughter from the Waukegan elementary school and Arejohnnae now studies at home with a licensed teacher.

According to Stone, her older daughter arrived at the school to pick Arejohnnae up on September 15, 2008, but the young girl could not be found. Stone and other officials went looking for Arejohnnae. A relative reported finding the girl nearly two hours later.

Hyde Park school officials say they apologized to Stone and her daughter and remedied all policies that allowed the incident to happen. Principal Brian Carr says the proper steps were followed that day. The school office told Arejohnnae’s teacher that an older sibling was coming to get the girl and after school, the teacher told the younger girl to go outside with the other students.

However, no one was outside the school to pick Arejohnnae up because her older sister was waiting in the school office. The young girl ended up leaving the school by herself. The school says there were teachers supervising the school grounds but no one saw Arejohnnae leave the premise.

Schools, daycare centers, summer camps, and other facilities where children are placed in the care of adults are supposed to make sure that their charges are properly supervised and not placed in situations were they could suffer physical harm. The premise managers/owners are also supposed to remedy any conditions that could lead to injuries or death, including:

• Defective playground equipment
• Inadequate security
• Poor supervision
• Improper safety procedures

Waukegan mother says daughter, 6, was mistakenly told to walk home from school, Chicago Tribune, December 5, 2008

Related Web Resources:

Premises Liability, Justia

Hyde Park Elementary School

Continue reading "Waukegan Mother Says 6-Year-Old Daughter Continues to Have Nightmares After School Directed Her to Walk Home" »

In Cook County Circuit Court, the mother of Melvin Choice, one of the three North Lawndale College Prep students who drowned in a boating accident while attending Camp Algonquin earlier this month, has filed her Illinois wrongful death lawsuit. Virginia Choice is accusing Visionquest International, North Lawndale College Prep, and the YMCA of McHenry County of negligence.

Choice, Adrian Jones, and Jimmie Avant were staying at the camp because they were attending a leadership seminar with fellow students. The deadly boating accident happened after midnight on November 14 on the Fox River after the teens' chaperones and supervisors had turned in for the night.

Two of the boys drowned after the paddleboat they were riding in capsized, while the third teen drowned after he ran into the water to try rescuing them. The boat sank because it was missing the plug that stops water from entering it.

The camp’s boats had been winterized but hadn’t been put away. However, Paul Murray of the YMCA of McHenry County says the paddleboats had been stored “far away from the water’s edge” and that because of their heavy weight, a great deal of effort would have been required to get the boats into the water.

On the night of the boating accident, six of the camp’s seven winterized paddleboats were placed in the water by several of the students. There were no life vests on the boats.

The water in the area where the teens drowned was 42 degrees and about 8- to 10-feet deep when the accident happened. Even the rescue divers who went into the water to retrieve the boys’ bodies had a hard time navigating the cold, the current, and the debris.

Choice’s Illinois wrongful death lawsuit also accuses the three defendants of failing to keep the paddleboats in proper condition and failure to properly supervise her son. She is seeking over $800,000 in damages.

Common Causes of Drowning Accidents that Can Be Grounds for an Illinois Personal Injury or Wrongful Death Lawsuit:

• Inadequately supervised lakes, pools, beaches, and other recreational areas
• Defective watercrafts
• Fall accidents into the water

Mother of CPS student who died in boat accident sues, Sun-Times, November 19, 2008

Late-night fun turns deadly on Fox River, The Geneva Sun, November 15, 2008

Related Web Resources:

YMCA of McHenry County

North Lawndale College Prep

Visionquest International

The parents of Ronald L. Heard Jr., a man who died in 2007 after being shot outside a restaurant in Chicago’s South Side, is suing White Castle System for his wrongful death. Their Illinois civil lawsuit accuses the restaurant of creating an environment that allowed drug dealers and violence on the premise.

Heard was gunned down on October 6, 2007 while trying to help a woman that a drug dealer was harassing in the restaurant parking lot. His parents, Nena Heard and Ronald Heard, Sr. are the plaintiffs in the wrongful death lawsuit against White Castle. They are accusing the restaurant of failing to protect its customers, failing to have a security guard on the premise who could reduce violence, allowing drugs to be sold on the property, and failing to tell police that drug deals were occurring on the premise.

Their son’s shooting death occurred at the White Castle on S. Western Avenue. A drug dealer reportedly tried selling Heard marijuana while he was in line to order food at the drive-thru window. Heard refused, and the drug dealer allegedly tried to sell drugs to a woman in another vehicle. The dealer reportedly began arguing with her and then shot the 23-year-old when he came forward to help the woman. Two men were charged in Heard’s shooting death.

Premises Liability
If a property owner knows that there is a history of crimes occurring on or around the premise, then he or she must take proper measures to protect patrons, visitors, customers, or residents from becoming the victims of similar crimes in the future. A failure to protect from criminal acts can be grounds for an Illinois premises liability or wrongful death lawsuit.

Steps property owners can take to protect others from crimes:

• Installing security cameras
• Hiring security guards
• Issuing warning signs
• Installing security alarm systems
• Reporting suspicious or illegal activities to Chicago police

Lawsuit Blames White Castle in Man's Shooting Death, The Southtown Star, November 4, 2008

Related Web Resources:
Premises Liability, Justia

White Castle System

Continue reading "Illinois Family Files Chicago Wrongful Death Lawsuit Against White Castle " »

In Kane County, Aurora resident Tyre Davis is suing landlord Ismael Quintana II for personal injury. Davis, a father of three young children, ages 1, 3, and 4, says that his children got sick because they ate paint chips that had high levels of lead while in their apartment. The apartment is located in the 500 block of East Downer Place.

According to the Davis’s Illinois personal injury lawsuit, his client has had to pay for medical and surgical treatments to try and cure his children since they were exposed to lead from the paint chips. Davis alleges that Quintana painted the halls, window frames, and walls with lead-based paint prior to June 9. He is accusing Quintana of negligence because the landlord painted the apartment using the lead-based paint and failed to warn residents that this hazard now existed on the premise.

Illinois’s Lead Poisoning Prevention Act of 1973 bars anyone from applying lead-based paints to exposed surfaces of any structure that children frequent, including the exposed surfaces of any building. According to the Illinois Department of Public Health, some 310,000 children, 6 and younger, get sick from lead poisoning each year. The IDPH treated 7,600 children with lead poisoning.

Researchers say there are a number of ways children are exposed to lead at home including, from lead-based paint that has deteriorated or chipped away, dust from the deteriorating paint, and soil with lead-contaminated dust or paint chips that have fallen from the exterior walls of a building.

Children are more susceptible than adults to serious injuries from lead in paint, including learning disabilities, mental problems, stunted growth, and behavioral difficulties. Exposure to lead can also lead to permanent brain damage. One of the more common ways that children ingest lead is to use their hands to put paint chips or lead-contaminated soil or dust in their mouths.

If you or your loved one got sick or sustained an injury because of a hazard that existed on someone's premise, you may be able to file an Illinois premises liability claim for compensation.

Aurora Man Sues Landlord Over Lead, Suburban Chicago News, October 30, 2008

It's banned but not gone: Lead paint is still a danger, USA Today, August 29, 2007

Related Web Resources:

Preventing Lead Poisoning in Young Children, CDC

Lead Poisoning, KeepKidsHealthy.com

In Cook County Circuit Court, the husband of a Burger King manager that was murdered in 2006 during a robbery at the fast-food restaurant she was supervising is suing Stand Guard, Inc. for her wrongful death. The company was in charge of providing security services to the Lindenhurst restaurant.

According to Kenneth Hutchinson Jr.’s Illinois wrongful death lawsuit, the alarm systems in the restaurant and its safe did not activate during the robbery, which, Hutchinson contends, resulted in his wife’s death.

The suit says that Mary Hutchinson arrived for work at Burger King on November 27, 2006 and locked the doors upon entering. The man who killed her, James Ealy, allegedly entered the restaurant and attacked her before demanding that she open the safe. Ealy worked as a maintenance worker at the Lindhenhurst Burger King.

Mary at first inputted the wrong code to the safe, which should have activated the alarm if it had not malfunctioned. She was then beaten and strangled. Kenneth’s lawsuit is seeking unspecified damages from the security company.

Earlier this year, a $1.3 million wrongful death settlement was reached between Kenneth and Burger King and a franchisee. Kenneth’s lawsuit accused Fox Lake Family Dining, Northern Illinois Family Dining, Spence Group Service Inc., and William Spence for their alleged failure to do a complete background check on Ealy, who reportedly had an extensive criminal record prior to Mary’s murder. Last year, Lake County prosecutors said they would seek the death penalty if Ealy were convicted for Hutchison’s murder.

Security companies are supposed to provide clients with alarm systems that are free from defect or malfunction. When a robbery, assault crime, or murder occurs because the alarm system fails to work as designated and someone is injured or murdered or experiences a loss of property, the security company may be held liable for personal injury or wrongful death.

In the event that a security malfunction failed to prevent a crime because the manufacturer of the security system designed a defective product, the product manufacturer could also be held liable in civil court. In certain Illinois personal injury and wrongful death cases, there may be more than one party that can be held liable.

Integrator sued over robbery-murder, Security Systems News, October 23, 2008

Husband of slain Burger King manager files suit, Lake County News-Sun, October 17, 2008

Related Web Resources:

Stand Guard, Inc

Death Penalty Sought In Burger King Murder, CBS2Chicago.com, December 6, 2007

The family of a teenage girl is suing the Chicago Park District for personal injury because she was sexually assaulted by three of the Park District’s teen employees last year. The teen was 13 and a volunteer junior counselor at Hayes Park when the assault happened. While one of the teens pleaded guilty to criminal sexual abuse related to the attack, the other two teens pleaded guilty to charges of battery.

According to the Illinois personal injury lawsuit, park supervisor Monique Whitfield left the girl without proper supervision on several occasions, including on July 31, 2007, between 1 and 4pm. It was during this time that the girl was attacked and raped in the men’s locker room.

Premises Liability Involving Crimes
If you were a victim of a violent crime on another person’s property, you may be able to file a premises liability claim for personal injury against the property owner or manager. Premise owners and supervisors are supposed to implement the necessary security measures to ensure that residents, employees, visitors, customers, and other patrons are not at risk of becoming the victim of a crime while they are on the property.

Even if an assailant, burglar, or rapist is not directly affiliated with the premise or its owners, the property owners could be held liable for premises liability or wrongful death if he or she could (or should) have acted to prevent a crime from happening and someone is injured or dies.

Crimes that may arise on a premise because of inadequate security or failure to protect include:

• Sexual assault/Rape
• Stabbings
• Shootings
• Murders

Steps premise owners can take to properly secure a premise may vary, depending on the kind of property involved. Security cameras, staff supervisors, alarm systems, locks, security-controlled entrances and exits, proper lighting, and security staffers are just some steps that property owners can take to prevent crimes from happening on a premise.+

Girl sues Chicago Parks over sex assault, SouthtownStar.com, October 10, 2008

Teen sues park district over sexual assault, Chicago Tribune, October 10, 2008

Related Web Resources:

Chicago Park District

A recent ABC News undercover investigation found that despite the known danger that pool drains can pose—especially to children—there are still public pools in the US that have yet to install safety drain covers and shut-off valves that are supposed to prevent kids from getting stuck or sucked into a drain’s powerful suction. Defective pool drains can be a premise liability.

During its probe, ABC News discovered that 16 of the 23 hotels pools that it reviewed in different cities across the US are still not safe. Pool Safety Consortium Paul Pennington called the drain covers in many of these pools “death traps.”

The Virginia Graeme Baker Pool & Spa Safety Act, which is a new federal law that will go into effect later this year, will impose a heavy fine on any public pool that does not install a safety drain cover by December 20, 2008. The law is named after former US Secretary of State James Baker's 7-year-old granddaughter, who drowned after she got caught in the underwater floor drain of a friend’s hot tub. The suction pressure holding Virginia underwater was estimated at 700 pounds, which made it impossible for family and friends to pull her out of the water before she died.

The dome-shaped cover of the government-approved safety drains are designed to keep a child’s body from getting sucked into the drain. They are different from the standard flat drain covers, which do not prevent hair, fingers, or other body parts from getting stuck in the drain. This can lead to evisceration or drowning within seconds.

The Graeme Baker Act mandates that all public pools have a domed drain cover or a very big flat drain to minimize the chances of the dangerous vacuum effect occurring. The new law, however, does not cover private pools.

While over 50 people have reportedly died due to faulty pool drains since the 1980’s, some experts say that there are many more pool drain entrapment deaths that have gone unreported.

'She Died in My Arms': A Mother's Mission for Safe Pools, ABC News

The Virginia Graeme Baker Pool & Spa Safety Act Summary, APSP.org

President Bush Signs Into Law the Virginia Graeme Baker Pool and Spa Safety
Act of 2007, Reuters, December 19, 2008

Related Web Resource:

Hidden Dangers of Pool Drains, CBSNews.com, August 1, 2007

Continue reading "ABC News Investigation Exposes Dangerous Pool Drains In Public Pools and Hotels Across the United States" »

In Illinois, the parents of a 3-year-old that died after being crushed by an iron gate have filed a Chicago wrongful death lawsuit against Urban Property Advisors, a private management company that oversees rowhouses for the Chicago Housing Authority.

Curtis Cooper was riding his tricycle on Cambridge Avenue in Cabrini Green on the afternoon of June 27, when an iron fence fell on him. His father, Clayton Wade, says, “I saw his head smashed in with the gate.”

Five or six men tried to pull the heavy gate off the boy. Curtis was later pronounced dead at Children’s Memorial Hospital. An autopsy found that Curtis died from cranio-cerebral injuries.

The lawsuit is asking for damages over $50,000. The gate reportedly had hinges on it that had been rusted through. It failed a building inspection conducted on June 30.

Premises Liability
It is the responsibility of all Illinois property owners and managers to make sure that there are no hazardous conditions on a premise that could cause serious injury or death to a resident, patron, or visitor of a property. Failure to fulfill this duty can be grounds for a premises liability or wrongful death claim or lawsuit.

Examples of conditions that can lead to a Chicago premises liability or wrongful death claim or lawsuit:

• Carbon monoxide leaks
• Slippery or uneven floors
• Poorly lit hallways
• Defective appliances on the property
• Electrical hazards

Premises liability accidents can lead to serious injuries, including broken bones, burn injuries, slip and fall injuries, injuries from a violent crime, and death.

Family of boy killed in gate accident files lawsuit, Chicagotribune.com, July 2, 2008

Toddler Crushed By Gate, CBS2Chicago.com, June 28, 2008

Related Web Resources:

Wrongful Death Act, Illinois General Assembly

Chicago Housing Authority