Chicago Accident and Injury Lawyer Blog

Nearly half a billion eggs have been recalled due to an outbreak of salmonella. Egg producers Hillandale Farms and Wright County Egg, both of Iowa, recalled hundreds of millions of eggs produced at their farms. There have been about 1,300 reported cases of salmonella poisoning caused by eggs from these farms, which has prompted a recall in 17 states.

Salmonella enteritidis is a bacteria that causes infection in humans. Symptoms include: abdominal pain, chills, diarrhea, fever, muscle pain, nausea and vomiting. In severe cases there people may experience bloody stool. Complications can occur with Salmonella poisoning, including dehydration, especially in young children and infants. Other complications are meningitis and septicemia.

There are two likely causes of the Salmonella outbreak in eggs. Laying hens can be infected by human contact with farm workers who failed to follow proper sanitary procedures, or by consuming feed that has come into contact with rodent feces. The hens can transmit the bacteria to the egg before the shell forms and the egg is laid, making the egg's tainted status undetectable.

Here are CNN's tips for not getting infected:

• Don't eat recalled eggs or products containing recalled eggs. Recalled eggs might still be in grocery stores, restaurants and consumers' homes. Consumers who have recalled eggs should discard them or return them to their retailer for a refund. Individuals who think they might have become ill from eating recalled eggs should consult their health care providers.

• Keep shell eggs refrigerated at temperatures no higher than 45 degrees Fahrenheit (7 degrees Celsius) at all times.

• Discard cracked or dirty eggs.

• Wash hands, cooking utensils and food preparation surfaces with soap and water after contact with raw eggs.

• Eggs should be cooked until both the white and the yolk are firm, and should be eaten promptly after cooking.

• Do not keep eggs warm or at room temperature for more than two hours.

• Refrigerate unused or leftover egg-containing foods promptly.

• Avoid eating raw eggs.

• Avoid restaurant dishes made with raw or undercooked, unpasteurized eggs. Restaurants should use pasteurized eggs in any recipe (such as Hollandaise sauce or Caesar salad dressing) that calls for raw eggs.

• Consumption of raw or undercooked eggs should be avoided, especially by young children, the elderly and persons with weakened immune systems or debilitating illnesses.

If you have suffered a severe or life threatening infection from Salmonella poisoning, the Law Offices of Jeffrey J. Kroll may be able to help. Contact Jeffrey J. Kroll today at 312-676-7222 or visit him on the web at www.kroll-lawfirm.com

If you are bitten by a dog, kicked by a horse or otherwise injured by an animal, then you may have a cause of action against the owner of that animal.

In Illinois, there is a statute commonly known as the Animal Control Act, 510 ILCS 5/16 (2010), which protects people who are injured by animals owned by others. The law provides:

"If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby."

Under the law, the owner's liability is in the form of monetary damages paid to the injured person for the full amount of the injury that was caused by the owners' animal. The most common scenario of this type is a dog bite.

Dog bites can occur for any number of reasons, however, keep this in mind: If the dog was provoked by the injured person, the owner will not be held liable. In other words, provocation is a defense, and this applies for any type of animal injury, not just dog bites.

If you have been bitten by a dog, kicked by a horse, or injured by an animal, the Law Offices of Jeffrey J. Kroll can help. Contact Jeffrey J. Kroll at 312-676-7222.

As a personal injury attorney in Chicago, I see the tragic results of car accidents every day and how the crashes affect people. A recent study has placed a number on the amount of money spent on the cost of medical care and productivity losses associated with these crashes. The costs associated with car accidents are staggering; there must be millions of hours spent across the country with car crash victims in physical therapy, surgery, doctors offices, emergency rooms and the ICU. Certainly, the biggest cost associated with car accidents is the physical injury and loss of life. Please drive carefully to reduce the number of crashes on our roads. Sadly, "[e]very 10 seconds, someone in the United States is treated in an emergency department for crash-related injuries, and nearly 40,000 people die from these injuries each year.” This astounding quote comes from a recent press release out of the Center for Disease Control and Prevention (CDC) in relation to a new study that highlights the costs associated with crash-related injuries.

In fact, researchers found that in a one-year period, the cost of medical care and productivity losses associated with injuries from motor vehicle crashes exceeded $99 billion -- with the cost of direct medical care amounting to $17 billion. The total annual costs amount to close to $500 per licensed U.S. driver. The study can be found in the journal, Traffic Injury Prevention.

According to the CDC, the study’s other staggering findings include:

• Costs related to fatal motor vehicle-related injuries totaled $58 billion. The cost of non-fatal injuries resulting in hospitalization amounted to $28 billion, and the cost of injuries to people treated in emergency departments and released was $14 billion.
• More men were killed (70 percent) and injured (52 percent) in motor vehicle crashes than women. Injuries and deaths among men represented 74 percent ($74 billion) of all costs.
• Teens and young adults made up 28 percent of all fatal and nonfatal motor vehicle injuries and 31 percent of the costs ($31 billion).
• Motorcyclists made up 6 percent of all fatalities and injuries but 12 percent of the costs, likely due to the severity of their injuries. Pedestrians, who have no protection when they are hit by vehicles and are also often severely injured, made up 5 percent of all injuries but 10 percent of total costs.

In our first three years, our personal injury and wrongful death law firm has accomplished the following:

-Obtained in excess of $19 million in settlements and verdicts.
-Given 45 speeches and presentations nationally and in the State of Illinois.
-Kroll was also recently the youngest lawyer selected for inclusion into Best Lawyers in America 2011 for Personal Injury in Illinois.
-Underwent a beautiful office renovation.
-Further, Jeff Kroll was named an Illinois Leading Lawyer (2007-2010) and an Illinois Super Lawyer (2007-2010).
-Kroll taught a deposition practicum course at John Marshall Law School.
-Kroll was selected as one of the Top 100 Trial Lawyers in the State of Illinois by American Trial Lawyers Association.

We are excited to celebrate our accomplishments from the past three years, but feel as though we have only just begun. The Law Offices of Jeffrey J. Kroll cannot wait to tell you about what our fourth year brings with regard to helping those in need and contributing to the legal profession.

Toyota, who has recalled over 10 million cars and trucks since October of 2009, has issued yet another recall. Today, the company stated that 1.33 million Corolla sedans and Matrix hatchbacks engines may stall due to a defective engine control module.

The recall covers 2005-2008 Corolla sedans and Matrix hatchbacks sold in the U.S. and Canada. Toyota has received unconfirmed reports of three accidents and one minor injury related to the defect.

Interestingly, General Motor Co has also issued a recall on 199,163 Pontiac Vibes in North America due to the same problem.

Toyota and GM claim that they will replace the defective part at no charge.

Motor vehicle crashes are the number one killer of teens, ages 15 to 20 years-old. Unfortunately, this fact is not new. According to the National Highway Traffic Safety Administration, motor vehicle crashes account for 35% of all teenage deaths in the U.S. Motor vehicle crashes have been the leading cause of teenage deaths for some time. It goes without saying then, that safe driving for teens is an extremely important issue. Believe it or not, the one group of people who may be able to reverse the statistic mentioned above are parents. Yes, that's right, parents.

Parents have more influence over their child's decisions than they think. Therefore, parents need to get involved when it comes to their teenager's driving habits. Parents should make time for supervised driving lessons with their teens. Sharing important tips with a teenage driver can be very educational. This is true even after the driver graduates from his or her learner's permit to an actual driver's license. I know, I know, easier said than done. Teens don't always want to listen, especially to their parents. However, as a parent, you can't expect your child to learn everything they need to know in driver's education class. So, don't write it off; give it a try. It's important.

Parents should set rules for their teenage driver and enforce them. Insist on wearing seat belts at all times, and in the proper manner. Wearing a seat belt incorrectly can cause serious injury or death in a crash. Please insist that your child does not drink and drive, nor do any of their passengers. This one is obvious, but teens need to be reminded. Don't allow your teen to use his or her cell phone, or any other electronic device while driving. Parents should also consider limiting nighttime driving and the number of passengers that their teen is allowed to drive with. Extra passengers can be a real distraction.

Tell your teen about the dangers of driving. Let them know it is the leading cause of death among people in their age group. In 2008, 2,739 drivers between the ages of 15 to 20 were killed and 228,000 were injured in motor vehicle crashes. Remind them that they are not invincible and that a motor vehicle crash can happen to them, even if it is not their fault.

Know your state laws and make sure your teens know them too. Laws on seat belts, licensing, alcohol and the rules of the road were all passed by the state legislature with safety in mind. They are in place to keep you and your teen safe.

Is your body behaving in a way which is consistent with the words you are using while testifying? For example, you are sitting in a deposition and the opposing attorney is asking you a series of questions. Your arms are crossed. Your brow is furrowed. Both your legs are shaking. You cannot make eye contact. Trust me, opposing counsel will strongly believe that you are not very sure of yourself and will ultimately question your credibility. On the other hand, lounging or appearing too casual in you chair will not gain credibility. Somewhere in between the look of total relaxation and hyper arousal is the look you want your body to have during the deposition.

Like it or not, your face signifies your emotions. Your facial expression will become part of your total picture. Are you the type of person that rolls their eyes? Those little nuisances can be negative influences in a deposition. Similarly, body language is an aspect of your communication that you can and should use to your advantage. Be aware of what your body is doing at all times so that its movements matches your thoughts, feelings and testimony. Similarly, the deposing counsel’s body language will show you what effect you are having on that attorney. Here are a couple of tips for effectively communicating in a deposition.

1. Look people in the eye when you testify. It sounds simply but it shows confidence.

2. Try and control your bodily positions. If you are nervous, try and appear relaxed. However, it is a fine line because you do not want to appear disinterested.

3. Control your facial expressions. True, some are better than others in displaying a poker face. Once you start showing that you are bored, angry, or some other negative emotion, the opposing counsel will use that to their advantage. When you let your guard down, that is when you are most vulnerable.

4. If you have type A tendencies, lessen them, if possible. There are people that tend to interrupt others. When you do, you can be perceived as rude and uninterested. Avoid sarcasm or hostility when communicating. None of that is helpful. Remember, opposing counsel is not only judging what you say but how you say it as well.

5. Read other people’s body language. You will quickly know how effective your testimony when you are examining their posture, their fidgeting or their rolling of the eyes.

Jeffrey J. Kroll has lectured on legal topics on over 100 occasions throughout the country and has had numerous articles published in legal journals on topics such as jury selection, preparing expert witnesses, trial techniques and the role of storytelling in a personal injury trial. For more on Jeffrey J. Kroll visit his firm website.

The United States Department of Transportation Federal Motor Carrier Safety Administration has unveiled a new plan to further reduce the number of trucking accident on our highways. The program, Comprehensive Safety Analysis 2010 (CSA 2010) partners state highway departments and commercial motor vehicle companies a preview of their safety rankings. Seven factors called "BASICS," Behavior Analysis and Safety Improvement Categories, are considered, including: Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. For now, only motor carriers have access to review their safety performance data and make improvements. The Safety Measurement System will be available for the public to view beginning on December 5, 2010.

As medical malpractice attorneys in Chicago, my firm supports the return of the State of Illinois's online database providing patients with information on their physician's criminal background and medical malpractice history. The State of Illinois previously provided an online resource identifying whether a doctor was convicted of a crime, fired by a hospital or forced to make a medical malpractice payment within the previous five years. The State's Department of Financial and Professional Regulation removed the physician profiles from its website. The only information available now is whether the doctor's have been disciplined by the the department.

The AAA has issued a study that has been getting some buzz recently: driving with pets in your car is just as distracting as texting. AAA and Kurgo, a manufacturer of pet restraints, surveying 1000 dog owners found:

- Thirty-one percent of survey respondents admitted to being distracted by their dog while driving.

- An astounding 59 percent admitted to participating in at least one distracting behavior while driving with their dog.

- More than half bring their pet along while driving.

- One in five allowed their dog to sit in their lap while driving.

- Seven percent admitted to giving food and water to their dog and five percent admitted to playing with their dog while driving.

Such distracting behavior can increase the risk of a crash. We know from recent studies regarding texting while driving that looking away from the road while driving can be devastating. The AAA study states that looking away for just two seconds doubles your risk of being in a crash.

Most disturbing, the AAA study found that even a 10-pound dog, loose in a car driving 50 miles per hour at the time of a crash, could exert 500 pounds of pressure – endangering both the pet and anyone in its path.

Illinois does not require drivers to restrain their pets while driving. In fact, many of us have seen people driving with pets on their laps. Police officers can issue citations to drivers that permit dogs to obstruct their view of the road or use of the steering wheel.

For your safety, and the safety of your pets, restrain your pets when driving. The Chicago Tribune, reporting on the issue, found that dogs inside wrecked vehicles often become territorial and protective of their owners when police and emergency-responders try to rescue injured occupants, sometimes leaving authorities no other choice than to shoot the animal in order to rescue the driver or passengers. There is no need to put yourself, others, or your pet in such a risky situation.

This week, U.S. Transportation Secretary Ray LaHood released a lengthy proposal which could require certain new motorcoaches to install lap-shoulder belts to help prevent driver and passenger ejections during collisions. The proposal defines a motorcoach as an "intercity, tour, or commuter bus" weighing over 26,000 pounds with seating for at least 16 passengers, and with at least two rows of forward-facing seats behind the driver.

However, the proposed rule excludes urban transit buses and large school buses. (Beginning next year, small school buses, under 10,000 pounds, will be required to have lap/shoulder restraints.) Why you might ask? Well, the National Highway Traffic Safety Administration (NHTSA) declares that the cost required to install seat belts in large school buses could be overly-burdensome. Specifically, the department stated in its proposal: "[R]equiring installation of seat belts on large school buses would increase school bus costs that the purchaser would have to bear. Those costs could result in fewer school buses used to transport children and more students having to use alternative, less safe means to get to school." NHTSA stated further: "NHTSA does not believe that passenger seat belts should be required on large school buses. Instead, the agency believes that local school transportation planners should be given the ability to analyze the transportation risks particular to their needs, and to decide whether they wish to incur the cost of purchasing large school buses equipped with passenger seat belts." See NHTSA's entire, 90-page proposal here.

Government agencies argue that large school buses should not be required to install seat belts since they must comply with more stringent safety standards than do motorcoaches, including compartmentalization, roof strength requirements and numerous additional safety features. However, would our children be safer with the added guarantee of a seat belt? I think so.

School bus safety is a major concern to parents and school administrators throughout the United States, and it is a frequent topic on this blog. Each year, a number of students sustain significant injuries or worse as a result of school bus accidents.

Continue reading "U.S. DEPARTMENT OF TRANSPORTATION CONSIDERS SAFETY BELTS FOR MOTORCOACHES " »

With football and high school sports just around the corner, the topic of concussions is sure to surface. It is important that schools, coaches, students, parents and guardians be educated on the symptoms of a concussion and to know what steps to take when a student displays signs of a possible concussion.

Some states require a mandatory restriction from further participation in the football game following a concussion or “suspected” concussion. Where does Illinois stand on this issue? In the past couple of years, recognizing concussions has progressed. Over three years ago, the Illinois High School Association’s Sports Medicine Advisory Committee began to study concussion management. Thus far, the committee has not yet recommended implementation for assessing the severity of concussions. In Illinois, there is a large variation in resources, between large and small schools. It would be difficult for smaller schools to take on a minimum standard program. Unfortunately, a student athlete’s brain could be at issue.

The National Federation of State High School Association which has produced brochures and references on concussions symptoms for years, will now add specific language to its rule books, with a list of symptoms and recommendations for treatment, including a prohibition of returning to action the day of an injury and medical clearance prior to returning the action. This is a tremendous step in preventing subsequent injuries to student athletes.