Chicago Accident and Injury Lawyer Blog

The outdoor pools in Chicagoland will be opening now that the weather is warming up and the summer is upon us. Swimming pools provide us a welcome relief on a hot day. However, there is a real danger in swimming pools. Among children ages 1 to 4 years, most drownings occur in residential swimming pools. Most young children who drowned in pools were last seen in the home, had been out of sight less than five minutes, and were in the care of one or both parents at the time. Please consider the following tips for staying safe in the in the pool this summer from the U.S. Centers for Disease Control and Prevention (CDC):

- Barriers, such as pool fencing, can help prevent children from gaining access to the pool area without caregivers' awareness.

- If you have a swimming pool at home, make sure that a responsible adult is watching young children swimming or playing in or around water. Adults should not be involved in any other distracting activity while supervising children.

- Never swim alone, always swim with a buddy.

- Avoid drinking alcohol before or during swimming. Do not drink alcohol while supervising children.

- Learn to swim. Be aware that the American Academy of Pediatrics does not recommend swimming classes as the primary means of drowning prevention for children younger than 4. Constant, careful supervision and barriers such as pool fencing are necessary even when children have completed swimming classes.

- Learn cardiopulmonary resuscitation (CPR). In the time it might take for paramedics to arrive, your CPR skills could make a difference in someone’s life. CPR performed by bystanders has been shown to improve outcomes in drowning victims.

- Do not use air-filled or foam toys, such as “water wings”, “noodles”, or inner-tubes, in place of life jackets (personal flotation devices). These toys are not designed to keep swimmers safe.

If you have a swimming pool at home:

- Install a four-sided, isolation pool fence that is at least 4-feet high and completely separates the house and play area of the yard from the pool area. Use self-closing and self-latching gates that open outward with latches that are out of reach of children.

- The presence of floats, balls and other toys in the pool and surrounding area encourages children to enter that area; therefore, immediately after use, remove all of these toys.

While most adults are well aware of the need for covering outlets, keeping poisonous household cleaning products locked away and not allowing children to play with an object small enough to be a choking hazard, many homes have less obvious safety hazards that could have deadly results for our children. The unfortunate death of Mike Tyson’s 4-year-old daughter raises these concerns once again.

Each year, more than 25,000 children are injured from exercise equipment. Sadly, many of those injuries are related to power cords. Exodus Tyson was strangled by a cord connected to a treadmill. It is believed that she was playing with the machine. While it may be unpractical to unplug a piece of exercise equipment after each and every use, parental supervision is the primary means of eliminating such avoidable accidents. If need be, keep the exercise room door locked and if you need to leave the room, take your child with you. Limiting your child’s access to the room and equipment is crucial.

Another hazard to children is falling through windows. Relying on screens to protect against such falls is not the solution. Emergency rooms are full of examples of screens not “working.” The two most obvious ways to avoid this potentially tragic occurrence are to not place furniture close to windows and utilizing window guards.

Another common source of injuries to children are window treatment cords. Parents should tie up any cords from blinds or curtains and ensure that they are high enough and outside of a child’s reach. Like windows, parents should not place furniture near the cords as they may be viewed as an invitation to children. It is also a good idea to not place changing tables or cribs within reach of window coverings.

Along those same lines, power cords are a source of danger for children. Not only can they cause electrical burns, but strangulation and tripping are foreseeable. Sadly, there have been a number of reported incidents where serious head trauma has been caused from appliances being pulled down by children. If possible, parents should unplug and secure power cords. The alternative is to move the appliances out of the way of the curious toddlers.

Furniture tip-overs are another major hazard to children. In May of 2009, the Center for Injury Research and Policy at Nationwide Children's Hospital found that tipped over furniture sent roughly 15,000 children a year to the emergency room. The most common topple furniture pieces are dressers and flat screen television sets. Many children will pull out a dresser drawer and use that as a “ladder” to climb and reach for something up above. An inexpensive wall mounting kit can secure a large amount of weight and prevent the furniture from tipping.

Obviously, know your child. A child’s ability to “get into trouble” varies with their developmental age. Mitigating hazards for your children and all children is something that parents must do.

Illinois is one step closer to prohibiting text messaging while driving. The Illinois House approved the measure yesterday with a 92-25 vote. The measure now moves on to Governor Pat Quinn for final approval and enactment.

The law will prohibit drivers from texting while driving, but makes exceptions for drivers pulled over to the side of the road or drivers stopped in traffic. Some legislators, concerned that law enforcement officers would have another reason to pull over drivers of a particular race, voted against the measure. Despite these concerns, the bill passed the House with overwhelming support. The support is well-earned. Texting while driving is one of the most dangerous behaviors in which a driver can engage.

As I have previously mentioned, studies suggest that texting while driving is more dangerous than driving drunk. The attention given to the phone keypad is attention that should be paid to the road. A split-second distraction can have catastrophic consequences. People are dying because of the inattentiveness of drivers who are busy reading or writing a text instead of focusing on their surroundings. While I can acknowledge the concerns cited by the legislators opposed to this law, I think the benefits of outlawing texting while driving far outweigh any potential police abuse. I think this ban is long overdue and hope Governor Quinn wastes no time enacting this bill into law.

Continue reading " BAN ON TEXTING WHILE DRIVING IN ILLINOIS NEARING REALITY " »

Evenflo Company, Inc. voluntarily recalled its Evenflo Envision High Chairs after receiving 320 reports of seatbacks detaching or reclining unexpectedly, resulting in 19 reports of bumps and bruises to the head and 35 reports of other injuries including abrasions, pinches and bruises. Evenflo has also received 13 reports of recline fasteners and screws falling out of the high chair, resulting in one incident in which a fastener and/or screws were found in a child's hand or mouth but were removed before choking occurred.

The recall involves all Evenflo Envision high chairs, including model numbers: 2891321, 2891321A, 2891333, 2891351, 2891351A, 2891365, 2891375, 2891403, 2891403A, 2891466, 2891466A, 2891478, 2891356, 2891536A, 2891573, 2891586, 2892351, and 2892351A. The model number can be found on a white label on the seatback. "Evenflo" and "Envision" are printed on the front of the tray. The product has been sold nationwide at retailers including Toys 'R' Us, Babies 'R' Us, K-Mart and Burlington Coat Factory from December 2002 through April 2006 for between $80 and $110. If you purchased an Evenflo Envision high chair, stop using it immediately and contact Evenflo (1-800-233-5921) to receive a free repair kit.

Continue reading " EVENFLO RECALLS ENVISION HIGH CHAIRS DUE TO FALL & CHOKING HAZARDS " »

On May 22, 2009, Chicago personal injury attorney, Jeffrey J. Kroll, was a panelist on a program entitled “Key Word Searches: Have We Lost Our Way?” The program was presented by the American Bar Association, Section of Litigation. This is the Third Annual National Institute on e-discovery. The program addressed practical solutions for dealing with Electronically Stored Information.

Jeff addressed recent judicial opinions questioning the practice of searching for ESI based on a unilaterally-creative list of key words. Recent opinions show a change in the way searches are and should be conducted.

The Law Offices of Jeffrey J. Kroll has been involved with a number of complex cases involving e-discovery. Many product liability and medical malpractice cases are ripe with e-discovery issues.

According to the Illinois Department of Natural Resources (IDNR), more people have died on Illinois waters in the past 8 months than were killed in boating accidents in the entire 12 months before. Thirteen people died on Illinois waters from October 1, 2007 to September 30, 2008, compared with 14 people who have died since October 1, 2008.

IDNR hopes the grim numbers lead fishermen and recreational boaters to exercise caution on the water this summer. IDNR Director Marc Miller reminded boaters that "safety should always be your first priority when it comes to outdoor recreation." Boating safely can be mastered easily thanks to free boat safety classes offered by the IDNR. These courses review boating laws and provide instruction on safe and attentive operation of watercraft.

While Illinois state law requires young boaters aged 12 to 17 to take boating education courses, statistics show that the majority of accidents involve older boaters who are not required to take safety classes. Indeed, 80% of injuries, 61% of fatalities and 72% of watercraft involved in accidents were operated by people between 20 and 59 years of age. Most of the operators in those accidents had over 100 hours of boating experience but little to no classroom safety instruction.

IDNR Chief of Law Enforcement Rafael Gutierrez noted, "Again and again, we see accidents, injuries, and sometimes deaths, that could be avoided." Wearing a personal flotation device could have prevented many of the deaths according to Gutierrez.

Continue reading " NUMBER OF DEATHS ON ILLINOIS WATERS IS UP " »

May is Bicycle Safety Month and I want to remind everyone, particularly parents, that this is the time to reinforce safe riding habits, such as wearing a helmet. Helmets can prevent serious head injuries and brain damage and are an important part of bike safety for all ages.

About 800 people are killed in bicycle-related crashes each year in the United States. About 70% of all fatal bicycle crashes involve head injuries, yet only about 20-25% of all bicyclists wear helmets. What's more - a bicycle helmet can reduce the risk of a head injury by up to 85%. There's no question that helmets save lives, so please remind your kids to always wear one.

Here are some other safety tips to keep in mind when you wheel out the bike:

* Adjust your bicycle to fit. The seat height should be adjusted to allow a slight bend at the knee when the leg is fully extended. The handlebar height should be at the same level with the seat.
* Make sure tires are inflated properly and your brakes work before you leave.
* Ride on the right in the same direction as other vehicles.
* Signal your intentions in advance so motorists have a chance to react.
* Always ride with at least one hand on the handlebars.
* Watch for road hazards such as potholes or broken glass.
* Check your quick release on both the front and rear wheels to ensure that it is fully closed.

Continue reading " CHICAGO INJURY ATTORNEY REMINDS YOU TO WEAR A HELMET WHEN YOU BIKE! " »

Memorial Day Weekend marks the unofficial beginning of summer and with that, pools nationwide are opening for a summer of fun in the sun. Make sure your summer experiences at the pool are safe ones. According to a new report from the U.S. Consumer Product Safety Commission (CPSC), nearly 300 young children die in pools and spas every year. An additional 3,000 children younger than 5 suffer serious injuries in pools and spas. About two-thirds of the deaths and injuries involve children ages 1 or 2, with a whopping 80% of the deaths happening in residential settings.

Nancy Nord, acting chairman of the CPSC, urges parents, caregivers, and pool and spa operators "to ensure that fencing and other layers of protection are in place; that there is constant supervision of children in and around the water; and that new, safer drain covers that prevent entrapment incidents are installed." Pool owners are encouraged to erect barriers around pools and spas, such as fences with alarms, to keep young children from swimming unsupervised.

CPSC also announced the launch of a new website which serves as a valuable source for information about drowning prevention for the general public, the swimming pool and spa community, state and local officials, and the media.

Continue reading " ILLINOIS PERSONAL INJURY ATTORNEY URGES CAUTION AS POOLS OPEN THIS WEEKEND " »

This morning was the annual "Bike the Drive" event in Chicago. The event involved 20,000 bicyclists cruising down Lake Shore Drive, which was free of cars. Starting at 5:30 a.m., the drive was closed to vehicles and open only to bicyclists. The event allows cyclists the opportunity to drive on a major thoroughfare, along the lakefront, without the fear of the danger that accompanies sharing the road with motorists.

On the same morning that the "Bike the Drive" event was held, a Chicago police officer appeared in court Sunday after being charged in an accident that killed a 13-year-old boy. It is such a tragedy; this little boy's wrongful death occurred while he was enjoying an activity that is a part of everyone's childhood, riding a bicycle. The officer is charged with reckless homicide, aggravated DUI, and leaving the scene of an accident.

As a Chicago personal injury attorney, I have handled a number of bicycle and pedestrian injury cases. These incidents are nearly always preventable. As the weather warms up and more bicyclists and motorists are sharing the road, I urge everyone to be careful and follow the rules of the road.

IDOT's Division of Traffic Safety proudly reports that Illinois has a 90.1% daytime seat belt usage rate, making Illinois one of only ten states in the country with more than 90% daytime seatbelt usage. But according to the National Highway Traffic Safety Administration (NHTSA), seat belt use goes down by roughly 10% at night. In 2006, 54% of all fatal crashes in Illinois occurred between 8 p.m. and 8 a.m. Nationally, over two-thirds of young drivers and passengers killed in nighttime crashes weren't wearing their seatbelts.

In response to these statistics, the Illinois Department of Transportation (IDOT) and Illinois State Police (ISP) are teaming up with more than 300 local police agencies to mount the largest ever nighttime safety belt enforcement effort in Illinois. During the holiday weekend, drivers will notice more enforcement out on the roadways checking to make sure every driver is buckled up. During the Memorial Day “Click it or Ticket” mobilization, motorists can expect more than 3,600 safety belt enforcement zones statewide, with almost 700 enforcement zones planned for after dark, the time when surveys show more drivers fail to buckle up.

The NHTSA reports that seat belts saved more than 15,000 lives in 2007. Transportation Secretary Ray LaHood calls the seat belt "the single most effective safety device ever invented." And he's right. Every hour, at least one person dies in the United States because he or she didn't buckle up. Failure to use a seat belt contributes to more fatalities than any other single traffic safety-related behavior. And if these statistics aren't enough to convince you to click it, just remember that if you don't, you face the possibility of a hefty fine.

Continue reading " CLICK IT OR TICKET IN ILLINOIS THIS MEMORIAL DAY WEEKEND " »

With Memorial Day weekend upon us, we begin to get involved with more outdoor activities. Not only are we kicking off barbeque season, the warmer weather often means the beginning of boating season.

Drowning remains second only to motor vehicles accident as the leading cause of unintentional injuries-related death among children ages 1 to 14. It is the parent’s responsibility to keep their children safe on the water and mandating that children wear life jackets. Ironically, many parents enforce the helmet safety rules when their children are riding bicycles but do not force them to wear life jackets.

Unfortunately, many parents are under the mistaken notion that they are capable of diving into the water to rescue a child who falls overboard. This is a dangerous misconception. Under many circumstances, an adult may not notice a child falling overboard right away. Some children will not surface immediately. Many rivers and lakes have murky water and it is often difficult to locate a child. This is especially true when a boat or vessel is in motion.

How can parents assist children in this endeavor? The coast guard recommends adults always wear life jackets as well. This is not only to keep themselves safe but to demonstrate safe behavior for their children. Boaters should never operate a boat while under the influence of alcohol. Boaters should always wear life jackets and require their passengers to wear life jackets as well. Additionally, a boat safety course provides boaters with additional information on how to keep safe out on the water.

Continue reading " CHICAGO BOATING ACCIDENT LAWYER HIGHLIGHTS SAFETY RULES " »

Valley Meats LLC, a meat producer based in Coal Valley, Illinois, voluntarily recalled nearly 96,000 pounds of potentially contaminated beef. The U.S. Department of Agriculture (USDA) designated the recall "Class One," meaning the health risk associated with eating the meat is high.

The Ohio Department of Health first reported an outbreak of illness linked to the potentially deadly bacterium E. coli 0157:H4 to federal authorities on May 13. E. coli is a bacteria which can cause bloody diarrhea, dehydration and kidney failure. The most vulnerable victims include the very young, the elderly and those with weak immune systems. Clusters of illnesses have since been reported in Illinois and Pennsylvania.

All of the recalled products were produced on March 10 and distributed nationwide. The products were packaged under a variety of labels. A list of the recalled products is available here.

Memorial Day is the unofficial start of summer...and with summer comes the time-treasured cook-out. While grilling out is generally a pleasant (and delicious) experience, according to the National Fire Protection Association (NFPA), gas and charcoal grills caused an average of 3,400 structure fires and 4,900 outdoor fires in or on home properties in 2005, resulting in a combined direct property loss of $137 million.

To make sure your next barbecue doesn't go up in the flames, the Home Safety Council recommends the following safety tips:

* Designate the grilling area a "No Play Zone" keeping kids and pets well away until grill equipment is completely cool.

* Before using, position your grill at least 10 feet away from other objects, including the house and any shrubs or bushes.

* Always stay by the grill when cooking.

* Only use starter fluid made for barbecue grills when starting a fire in a charcoal grill.

* Before using a gas grill, check the connection between the propane tank and the fuel line to be sure it is working properly and not leaking.

* Never use a match to check for leaks. If you detect a leak, immediately turn off the gas and don't attempt to light the grill again until the leak is fixed.

* Never bring a barbecue grill indoors or into any unventilated space. This is both a fire and carbon monoxide poisoning hazard.

More Americans will be on the road this Memorial Day Weekend than last year, thanks to lower gas prices and special discounts at hotels. Indeed, nearly 40 million drivers are expected to fill highways this holiday weekend according to the U.S. Department of Transportation (DOT). The DOT reports that Memorial Day weekend is the third most perilous holiday for vehicular traffic. With that mind, please keep the following safety tips in mind:

1. Don't drive drowsy. According to the National Sleep Foundation's Report on Drowsy Driving, 1000,000 reported crashes, 71,000 injuries and 1,550 deaths every year are attributed to drivers falling asleep behind the wheel.

2. Wear your seat belt! The DOT reports that 50% of all vehicular deaths could have been prevented with seat belts. During the holiday weekend, drivers will notice more enforcement out on the roadways checking to make sure every driver is buckled up. The Illinois Department of Transportation (IDOT) and Illinois State Police (ISP) are teaming up with more than 300 local police agencies to mount the largest ever nighttime safety belt enforcement effort in Illinois. During the Memorial Day “Click it or Ticket” mobilization, motorists can expect more than 3,600 safety belt enforcement zones statewide, with almost 700 enforcement zones planned for after dark, the time when surveys show more drivers fail to buckle up.

3. Signal your intentions. Every move you make on the road impacts the decisions and actions of others. By signaling your intention to turn or change lanes, you ensure others are alert to your movements.

4. Do not tailgate. Leave a distance equal to one car length for every 10 mph. For example, if you are driving 50mph, you should fall back a distance equal to 5 car lengths from the vehicle in front of you. Move away from tailgaters and let them safely pass you.

5. Avoid standing water. If you must drive through water, do so slowly and avoid sudden use of your brakes, turning too sharply or excessive acceleration. If you hydroplane, do NOT hit the bakes. Reduce your speed by taking your foot off the accelerator and turning the wheel in the direction you want to travel.

6. Know pedestrian rights. Be aware of pedestrians at intersections and remember pedestrians have the right of way.

7. Turn on your headlights when visibility is low. While only 25% of the miles we drive are at night, about 50% of the fatalities occur at night time.

8. Obey the speed limit.

9. Stay alert! Talking on a cell phone, texting and reading maps can distract you from the road and lead to accidents.

10. Never drink and drive! Alcohol impairs judgment, motor coordination and ability to drive safely. Designate a drive or use public transportation if you plan to drink.

Over the weekend, as you remember the sacrifices of so many, show your respect for them and for life itself by exercising both common sense and courtesy on the road.

The Illinois Senate approved a ban on text messaging while driving 45-6 on Tuesday. Approval came only after lawmakers ironed out concerns regarding whether drivers could text while pulled over to the side of the road. The legislation was modified to allow drivers to text while pulled over or if their vehicle is stopped due to traffic, an accident or a train crossing. Due to these modifications, the bill will now head back to the Illinois House for another vote.

Should the bill become law, police officers will have authority to pull over violators and fine them anywhere from $75 to $500.

Seven states currently ban texting while driving. Despite these laws and an increase in accidents caused by inattentive drivers who were texting, a recent study reports that 1 in 4 Americans continue to text while driving. Nevertheless, a whopping 83% of 5,000 respondents said they thought texting while driving should be illegal. The report also found that some of the worst driving-while-texting offenders live in states where the practice is already banned or where legislation is pending.

Texting has become such a common practice in our everyday lives. It is a simple and efficient way to communicate, but we must heed the cautionary tales and stop texting while driving. Even brief inattentiveness to the road can have catastrophic results. Remember that the next time you reach for your phone while driving.

The U.S. Consumer Product Safety Commission (CPSC) has reported that Build-A-Bear Workshop has voluntarily recalled its Folding Toy Beach Chair for Stuffed Animals after receiving 8 complaints of injuries. The toy chair legs can bruise, pinch or cut fingers if caught while folding.

Build-A-Bear Workshop stores nationwide and online sold the product from March 2001 through October 2008. Customers are instructed to return the toy beach chair to any Build-A-Bear Workshop store to receive a coupon for the value of the chair (approximately $8). If it is not possible to return the chair to a store, you can contact the company for alternate instructions on receiving a refund. For more information, please contact the Build-A-Bear Workshop toll-free at (866) 236-5683.

As a Chicago car crash attorney, I have seen a number of accidents involving hit-and-run drivers. In addition to the injuries to the occupants and the damage to the vehicle, drivers who leave the scene of a crash leave you without their insurance to rely upon to compensate you for your injuries. Although it may not fully compensate you for your injuries, your underinsured or uninsured motorist coverage may provide you with compensation for your injuries. You should contact an experienced attorney to assist you with your potential case.

On Sunday afternoon, there was a hit-and-run accident near 6900 S. Union Ave. A young man was injured. The car was a dark green sedan, believed to be a 1997 or 1998 Hyundai Sonata, and was traveling westbound on 69th Street.

The vehicle, which had an Illinois Temporary License Plate, is missing the front grill and might have windshield damage, police said.

Anyone with information about the hit-and-run incident should call the police Major Accident Investigation Unit at 312-745-4521.

Continue reading " DEALING WITH HIT-AND-RUN ACCIDENTS, UNDERINSURED AND/OR UNINSURED DRIVERS " »

An 18-month old girl suffering from an ear infection later died after hospital personnel from St. Francis Hospital and Heather Center in Blue Island administered penicillin to the child despite suspicions that the child was allergic. The lawsuit alleged that hospital administrators obstructed efforts to investigate the girl's death. Indeed, syringes, IV tubing and other medical materials were thrown out minutes after she died. The nurse who administered the medication stated that she wasn't certain about the medication given tot he child and that she couldn't get an IV pump to work, so she directly injected an "excessive amount" into the child's body. This same nurse later recanted these statements.

Her parents filed a wrongful-death lawsuit six years ago which was finally resolved in April when the family reached a $3 million settlement with the hospital and medical staff. As noted by the family's attorney, "A child shouldn't die while she's being treated for an ear infection."

My deepest condolences to this family.

The 24-year old co-pilot aboard the commuter plane that crashed into a house near Buffalo, New York in February had traveled all night as a passenger aboard FedEx planes before boarding the plane. The co-pilot was living in Seattle, Washington and commuting to Newark, New Jersey according to National Transportation Safety Board (NTSB). The NTSB began its public hearing regarding the crash last week.

Sadly, all 49 passengers aboard the Continental Connection Dash 8 turboprop were killed when the plane nosedived.

NTSB investigators are suggesting that fatigue was a factor in the fatal crash. "Her body basically said, 'I can't handle it,' " speculated Greg Feith, former NTSB air safety inspector. "I mean, we've all been there before and pulled an all-nighter. We know how that feels."

Colgan Air, the regional airline Shaw worked for, said Shaw did not "reserve adequate time to travel from her home to her base in order to ensure she was properly rested and fit for duty."

With fatigue being a possible factor in the crash, the testimony at this week's NTSB hearings is reigniting industry concerns over pilot fatigue. In the last 16 years, fatigue has been associated with 250 fatalities in air carrier accidents, Robert Sumwalt, NTSB vice chairman, said at an FAA symposium in July.

The other pilot on the flight, who had been with Colgan more than three years, had nearly a full day off before assuming command of Flight 3407. The NTSB investigation found he slept in the Newark Airport crew lounge, which is against Colgan Air regulations.

An early Wednesday morning crash on Lake Shore Drive left two young men, ages 20 and 21, dead. The man allegedly responsible for that crash is just 25 years old himself. The accident involved two cars. Police believe both vehicles were traveling at a high rate of speed and lost control and "bounced off each other and then bounced off the [cement] wall."

The accident occurred shortly after the rain began around 3:00 a.m. on Wednesday. Authorities believe the rain aggravated driving conditions and made the road slippery.

The lone survivor of the accident, a 25-year old resident of Chicago's Wrigleyville neighborhood, has been charged with one count each of misdemeanor driving under the influence, misdemeanor failure to reduce speed to avoid an accident and misdemeanor operating a vehicle without insurance.

Less than 24 hours later, a second serious accident occurred in which an SUV traveling at a high-rate of speed crashed on Lake Shore Drive near Irving Park Road. The male driver and his female passenger were taken to Illinois Masonic in serious-to-critical condition.

Continue reading " CHICAGO MAN CHARGED IN DOUBLE-FATAL CRASH " »

A 6-year old Chicago boy was killed this past Saturday due to compressional asphyxiation after he was trapped under a garage door. The boy's 9-year old brother found him.

On Wednesday, the boy's family filed suit in Cook County Circuit Court, naming as defendants the boy's uncle, who owns the home where the accident occurred, the manufacturer of the garage door, and the installer of the garage door. The suit alleges that the garage door wasn't equipped with a motion sensor and that the homeowner failed to warn his relatives that it could unexpectedly close or fall.

Since 1992 the U.S. Consumer Product Safety Commission (CPSC) has required garage door openers to have devices that reverse the door when it comes into contact with a person or an object. The CPSC urges upgrading your garage door if it is more than 10 years old and to replace pre-1992 garage doors that do not reverse. This strong recommendation is based on the fact that the auto-reversing feature has significantly reduced personal injury and property damage. The measure has been so successful, in fact, that in 2001 the standard was extended to include automatic security gates that are increasingly common at the entrances of apartment and condominium complexes.

The CPSC also recommends testing your garage door periodically and performing regular maintenance and repairs as needed. Be sure to check to your owner's manual or contact the opener manufacturer about specific procedures.

As an added measure, the CPSC, along with the National Safety Council (NSC), advises parent to not let children play with or use garage-door remote controls. As a further precaution, you should mount the keypad wall control out of children's reach and in a location where users can clearly see the moving door.

My deepest condolences to the family and friends of this young boy whose life was cut tragically short.

The Philadelphia Daily News reports that a jury awarded a 53 year old widow $2.185 million in damages for medical malpractice committed against her late husband in April 2006. Zachary James, the deceased, was taken to a North Philadelphia hospital after experiencing chest, back and leg pains. The ER physician ordered several lab tests, yet many were not performed for over two hours. To complicate matters, the ER physician left to attend a corporate meeting, leaving a doctor serving his first day on the job as the only attending ER physician. After James' X-rays and tests were developed, the ER physician should have reviewed them, but neither attending doctor did.

James died later that night from a dissecting aortic aneurysm. The X-rays and other tests that would have revealed this condition weren't interpreted until the following morning.

The defense argued during the 10-day jury trial that there wasn't enough time to save Mr. James. Plaintiff attorneys for the James family countered that Mr. James was never given the opportunity to survive.

Mr. James' widow, Rosalyn, was quoted as saying, "I know it would never bring him back, but now he's at peace because I fought for him."

My deepest condolences to the James family. I am pleased that the jury listened to all the evidence and found in favor of a man who was never given the chance to live.

Continue reading " UNREAD X-RAY LEADS TO $2.185M MALPRACTICE VERDICT " »

The Chicago City Council voted Wednesday to ban the dangerous chemical, bisphenol A (BPA), in baby bottles and sippy cups. The chemical has been linked to cancer, diabetes and other ailments. Chicago is now the first city in the United States to ban the sale of products made with BPA. The Chicago ordinance will go into effect in 2010 and will ban the sale of any empty food or drink container containing BPA that is intended for use by children less than 3 years old.

BPA was developed as a synthetic hormone more than 100 years ago. Starting in the 1950s, manufacturers began to use it to make hard, clear plastic. The U.S Food and Drug Administration (FDA) ruled that it was safe for use in food and drink containers. Even now, the FDA continues to insist that the small amount of BPA in containers isn't dangerous. Industry officials pointed to the FDA's position when they tried to block the city's measure this week, stating "We have and will continue to develop scientific data to inform credible, transparent scientific assessments of BPA so that the public can have the confidence it deserves in the safety of these products." Nevertheless, scientists are increasingly concerned that constant exposure to the chemical is harmful, even at low doses leaching from plastic. Indeed, hundreds of studies have linked the chemical to breast and prostate cancer, diabetes, heart disease and other health problems.

Many retailers, including Wal-Mart, CVS and Toys "R" Us, have already decided to stop selling bottles and containers made with BPA. Some manufacturers have also begun marketing "BPA-free" products. With retailers and manufacturers already pro-actively phasing out the use of BPA, the Chicago ordinance, which passed by a unanimous vote, is largely symbolic. The message, however, is clear: We don't want your BPA in Chicago!

The Chicago City Council voted Wednesday to make Chicago the first U.S. city to ban bisphenol-A (BPA) in baby bottles and sippy cups. I applaud the efforts of the City Council in protecting our smallest consumers from harm. The chemical has been linked to cancer, diabetes, reproductive harm and other ailments.

The shelves of many stores such as Target and Babies 'R' Us already contain products touting BPA-free products. Nonetheless, the City's stance on this product goes an extra step in ensuring that our little ones are protected from this chemical.

Treehugger.com has covered the dangers of BPA and other plasticizers in our products and is a good resource for consumers. Unfortunately, BPA is in many of our products, including, some canned foods and plastic water bottles.

Continue reading " CHICAGO BANS BPA IN BABY BOTTLES AND SIPPY CUPS " »

The US Food and Drug Administration (FDA) issued a warning letter to General Mills, the manufacturer of the popular cereal, Cheerios, on May 5, 2009. The letter advised General Mills that the FDA has reviewed the label and labeling of cheerios and found "serious violations of the Federal Food, Drug, and Cosmetic Act."

Cheerios claims on its label that "you can lower your cholesterol 4% in 6 weeks," and that "Cheerios...is clinically proven to lower cholesterol." According to the FDA, these claims indicate that Cheerios is intended for use in lowering cholesterol and in preventing, mitigating and treating high cholesterol. Because of these intended uses, Cheerios is a "drug" within the meaning of the Federal Food, Drug and Cosmetic Act. Cheerios is also a "new drug" pursuant to the Act because it is not generally recognized as safe and effective for use in preventing or treating high cholesterol. The FDA warned General Mills that Cheerios may not be legally marketed with the above claims without an approved new drug application.

Moreover, the FDA found that Cheerios is misbranded within the meaning of the Act because it bears unauthorized health claims in its labeling. The FDA considers Cheerios' website to be misleading because it bears an unauthorized health claim, stating, "Hearth-healthy diets rich in whole grain foods, can reduce the risk of heart disease." Although the FDA has issued a regulation authorizing a health claim associating fiber-containing grain products with a reduced risk of coronary heart disease, the FDA has concluded that the claim on the Cheerios website does not meet the requirements for this claim. The claim must state that diets low in saturated fat and cholesterol and high in fiber-containing fruit, vegetable, and grain products may reduce the risk of heart disease. The Cheerios website, however, makes no mention of fruits and vegetables and does not reference fiber content or the importance of keeping saturated fat and cholesterol levels low.

The FDA further warned that failure to promptly correct the labeling violations may result in enforcement action, which may include seizure of violative products and/or injunction against the manufacturers and distributors of the violative products.

General Mills defended its heart health claim saying that its have been FDA-approved for 12 years and the message about lowering cholesterol has appeared on Cheerios boxes for more than two years.

Stephenson Service Co., based in Freeport, Illinois, has been ordered to pay a civil penalty of $10,421 and purchase four safety suits and gloves, valued at $10,000, for the Stephenson and Jo Davies county fire departments.

The case, brought by the US Environmental Protection Agency (EPA) Region 5, involved a hazardous chemical release of anhydrous ammonia, which is commonly used in commercial refrigeration systems and as fertilizer. Stephenson Service failed to immediately notify the National Response Center and state emergency response commissions after unintentionally releasing 2,797 pounds of the chemical during a truck accident. Anhydrous ammonia causes burns to the skin and irritation to the eyes, nose and throat, and my be fatal if inhaled for long periods of time.

Failure to report the release can lead to civil penalties because the National Response Center activates the appropriate response authorities. According to the EPA, the responders need to know what they're dealing with so they can take steps to protect people living and working in the area.

A trolley conductor texting his girlfriend while operating the trolley underground in Boston Friday night collided with another trolley, injuring 49 people on board. The trolley slammed into the rear of another which was stopped at a red signal.

The conductor admitted to police that he had been texting with his girlfriend prior to the collision. Daniel Grabauskas, general manager of the Metropolitan Boston Transit Authority, said the conductor told detectives that, when he looked up from text messaging, "it was too late as he applied the brake and the train struck the other trolley." Grabauskas added that the 24 year old conductor, who has worked for the MBTA for more than two years, will probably be fired. In a more recent development, the MBTA has banned the possession of cell phones by trolley operators while they are on duty.

This story once again proves that texting while driving, be it a trolley or a car, is incredibly dangerous. Nearly fifty people were injured because of one person’s irresponsible inattentiveness. It is absolutely unacceptable that a person charged with responsibly transporting commuters could be so reckless with his duties.

Recent studies have concluded that texting while driving is actually MORE dangerous than driving drunk. The Transport Research Laboratory in the U.K. found that when subjects were text messaging and driving at the same time, reaction speed was reduced by 35 percent, thereby increasing the likelihood of an incident. Those that were driving and drinking within the legal limit only suffered a 12 percent loss of reaction speed, and those that were driving under the influence of marijuana had their reaction speed reduced by 21 percent, 14 percent lower than while driving and texting. Another startling statistic: According to the study, those that were texting and driving reduced their steering ability by 91 percent. Nick Reed, lead researcher for the study, said: “This demonstrates how dangerous it is to drive and text. When texting, drivers are distracted by taking their hand off the wheel to use their phone, by trying to read small text on the phone display and by thinking about how to write their message. This combination of factors resulted in impairments to reaction time and vehicle control that place the driver at greater risk than having consumed alcohol to the legal limit for driving.”

I urge you to keep your phone out of reach when you drive. Driving and texting is a risky combination. Do everyone a favor by waiting until reaching your destination to send that text.

U.S. Transportation Secretary, Ray LaHood said he planned to urge auto makers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest for each vehicle. If adopted, this new system would be a victory for parents who are constantly struggling and searching for the safest car seats for their children. Although federal regulators rate new cars for safety, there are no such systems in place for child car seats. Unfortunately, a child restraint that performs well in one vehicle may perform poorly in another due to fitting inadequately in the back seat.

Interestingly, European regulators require auto makers to include child seats in their crash tests of new cars. The safety ratings for those European vehicles is based in part on how they protect children. The United States’ safety ratings actually have nothing to do with children or car seats. The United States needs to do look at the European system as a model.

Although this is a step in the right direction, the Transportation Secretary indicated that he would push for a voluntary system at the present time. The Secretary also ordered National Highway Transportation Safety Administration (NHTSA) to institute more stringent safety standards for child seats and side-impact crashes. Side-impact crashes account for nearly one-third of infant highway deaths.

Continue reading " CAR SEAT TESTING STANDARDS NEED IMPROVEMENT IN THE U.S. " »

The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) are alerting the public to be wary of internet sites and other promotions for products that claim to diagnose, prevent, mitigate, treat or cure the 2009 H1N1 influenza virus (commonly known as "swine flu"). The FDA and FTC are also advising the website operators to take prompt action to correct and/or remove promotions of these fraudulent products or face enforcement action.

Michael Chappell, acting FDA Associate Commissioner for Regulatory Affairs said that, "the FDA has developed an aggressive strategy to identify, investigate, and take regulatory or criminal action against individuals or businesses that wrongfully promote purported 2009 H1N1 influenza products in an attempt to take advantage of the current flu public health emergency."

The offending web sites are taking advantage of the public's concern about swine flue and their desire to protect themselves and their families. The fraudulent products come in all varieties and could include dietary supplements or other food products, or products purporting to be drugs, devices or vaccines. Such fraudulent products will not prevent the transmission of the virus or offer effective treatments against infections caused by the swine flu, warns the FDA.

The FDA is urging the public to contact their health care providers if they have questions or concerns about medical products or personal preventive products.

The FDA has approved only two antiviral drugs for treatment and prevention of the 2009 swine flu: Tamiflu and Relenza. These two drugs have Emergency Use Authorizations that describe specific authorized uses during this public health emergency.

May is motorcycle awareness month in Illinois. The Illinois Department of Transportation (IDOT), Illinois State Police (ISP) and Motorcycle Safety Advocate Groups are urging the motoring public to “Start Seeing Motorcycles” and to share the roads safely with motorcycles.

In Illinois, the number of traffic fatalities dropped from 1,248 in 2007 to 1,043 in 2008. In 2008, motorcycle fatalities decreased from 157 in 2007 to 135 in 2008. There has been a strong push towards motorcycle safety and teaching motorists to share the road with motorcyclists.

The following are some safety tips for motorcycle riders:

1. Although Illinois does not mandate wearing a motorcycle helmet, the use of approved helmets and protective body wear is strongly encouraged.
2. Wear brightly colored clothing during the day and reflective clothing at night. By doing so, motorcyclists improve their visibility and the chances that a vehicle will see them.
3. When riding with another motorcycle, stagger your position. By staggering your position, both riders are better able to take evasive action safely and promptly, should the need occur.
4. Do not be fixated with what is just beyond your front tire. Conversely, safe motorcycle riders should remain aware of developing situations anywhere from 12 to 16 seconds ahead of them. This is not limited to other vehicles. Roadway obstructions, animals and other potential hazards could impact your ability to stop. Twelve to sixteen seconds allows time to plan and react in a control manner.
5. Oil, grease and other fluids from vehicles generally collect in the middle of lane. Motorcycle riders should attempt to avoid these potentially slick areas and ride in the normal wheel tracks used by other vehicles.
6. Before proceeding through an intersection, check left, check front, check right and check left again. For a motorcycle, checking left is important because this is the first lane another motorist may be crossing. A motorcyclist should continue to scan the intersection in a clockwise pattern and emphasize the traffic approaching in front of them. Vehicles turning left in front of a motorcyclist account for roughly 77 percent of motorcycle crashes involving another vehicle.

Continue reading " PERSONAL INJURY ATTORNEY IN CHICAGO SUPPORTS MOTORCYCLE AWARENESS MONTH " »

A 42-year old man was struck and killed by a taxi cab this morning around 6:30 a.m. as he was walking down the street. The cab was coming out of a driveway when he struck the pedestrian. He was cited for failing to stop when emerging from a driveway or alley.

The National Highway Traffic Safety Association (NHTSA) reports that in 2007, 4,654 pedestrians were killed in traffic crashes in the United States — a decrease of 13 percent from the 5,321 pedestrians killed in 1997. Nevertheless, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes. Most pedestrian fatalities in 2007 occurred in urban areas (73%), at non-intersection locations (77%), in normal weather conditions (90%), and at night (67%). Moreover, there were 70,000 pedestrians injured in traffic crashes in 2007.

Drivers, particularly drivers emerging from driveways and alleys, must be aware of their surroundings. With the warmer weather, more people will be out walking, running, riding their bikes and rollerblading. Drivers must be actively looking for these people. Drive cautiously, pay attention to your surroundings and drive slowly enough in residential areas that you can stop suddenly if need be. While the 13 percent decrease in pedestrian fatalities is laudable, there are still thousands of people getting killed each year by inattentive drivers. It is up to everyone to reduce this number even more.

Michael Dean, a 25 year old high school teacher from Johnston City, was hit and killed by an uninsured driver in July 2006.

In response to Dean's tragic and untimely death, State Senator Gary Forby (D-Benton), is sponsoring House Bill 370, also known as the Michael Dean Law. The legislation will make driving without insurance a Class A Misdemeanor for drivers who cause deadly accidents. Class A Misdemeanors are punishable by up to one year in prison. Currently, uninsured drivers are subject only to a $500 minimum fine and there is no additional penalty if the driver causes an accident. Incredibly, there is no penalty if the fine goes unpaid.

The Michael Dean Law has already passed the House and was endorsed 8-1 by a Senate panel last week. It will now move to the Senate floor for further debate. If approved by the full Senate, it will head to the governor's office for final action.

It is my hope that this legislation is signed into law and that it will encourage all drivers in Illinois to get insurance coverage as required by state law.

Continue reading " UNINSURED DRIVERS TO FACE STIFFER PENALITES IN ILLINOIS " »

A Metra train struck and killed a 25-year-old man Tuesday night at Scott Street in Franklin Park. The train that was involved left Chicago's Union Station at 8:40 p.m. bound for Elgin's Big Timer station.

The victim was from Bloomingdale and was pronounced dead at Loyola University Medical Center in Maywood, according to the Cook County medical examiner's office.

With warmer weather bringing motorcyclists out on their bikes, Motorcycle Awareness Month couldn’t come at a better time. State troopers and the Illinois Department of Transportation (IDOT) want to keep riders safe on the streets and will be offering free courses for riders in hope of continuing to reduce motorcycle fatalities. Beginner rider courses and experienced rider courses are offered to reduce the likelihood and severity of crash involvement by teaching risk management skills and developing essential riding skills through both classroom and riding instruction.

Since the safety program began three years ago, overall motorcycle fatalities in Illinois have dropped more than 11 percent. Motorcycle fatalities decreased from 157 in 2007 to 135 in 2008. The Illinois State Police attribute this success to the expanded educational opportunities for riders and drivers. Chicago has also reported fewer fatalities; in 2007 there were only 12 deaths, compared to 21 in 2006.

As part of Motorcycle Awareness Month, the Illinois State Police and IDOT are advocating their “Start Seeing Motorcycles” campaign to remind motorists to be aware of bikers on the road and to remind all motorists to share the road.

Additionally, the Motorcycle Safety Foundation (MSF) is encouraging all motorcyclists to follow five critical safety messages:

1. Get Trained and Licensed: Take advantage of safety courses such as those offered by the Illinois State Police, and get licensed by the Department of Motor Vehicles.

2. Wear Protective Gear!! A helmet can be the difference between life and death. Illinois remains just one of three states that does not require riders to wear helmets...but just because you are free to not wear a helmet doesn’t mean you should! Keep in mind, 81% of people who died in a motorcycle accident in Illinois in 2007 were not wearing helmets.

3. Ride Unimpaired!! Do not drink or use drugs prior to getting on a motorcycle. Alcohol slows reactions and impairs function.

4. Ride Within Your Limits!! Do not ride faster or farther than your abilities can handle.

5. Be a Lifelong Learner. Regularly attend refresher riding courses.

“This is a great time of year, especially for motorcyclists, but they have to be mindful that riding is serious fun,” said MSF President Tim Buche. “It’s all about riders taking personal responsibility for risk management. Following these five guidelines should be a no-brainer for anyone who wants to enjoy a lifetime of motorcycle riding.”

Continue reading " CHICAGO INJURY LAWYER REMINDS YOU THAT MAY IS MOTORCYCLE AWARENESS MONTH " »

A severe thunderstorm in Dallas on Saturday knocked down an air-supported, metal frame canopy that covered the Dallas Cowboys' practice field. About 70 people, including more than two dozen of the team's rookies, were in the facility when it was blown down.

A total of 12 people were injured in the incident, including Rich Behm, a scouting assistant, who suffered a broken back, leaving him permanently paralyzed from the waist down. Cowboys special teams coach Joe DeCamillis fractured a cervical vertebra and Greg Gaither, an assistant trainer, suffered two broken bones in his leg.

Cowboys owner Jerry Jones said in a statement that "Rich is a courageous member of our family and someone for whom we care deeply. We ask for all friends and fans of the Dallas cowboys to join us in embracing him and his family with their thoughts and prayers at this very difficult time."

The US Food and Drug Administration (FDA) has received 23 reports of serious liver injuries linked to Hydroxycut products. Consequently, Hydroxycut products, which are dietary supplements used for weight loss and energy enhancement, are being recalled.

The FDA has warned consumers to immediately stop using 14 Hydroxycut products manufactured by Iovate Health Sciences: Hydroxycut Regular Rapid Release Caplets, Hydroxycut Caffeine-Free Rapid Release Caplets, Hydroxycut Hardcore Liquid Caplets, Hydroxycut Max Liquid Caplets, Hydroxycut Regular Drink Packets, Hydroxycut Caffeine-Free Drink Packets, Hydroxycut Hardcore Drink Packets (Ignition Stix), Hydroxycut Max Drink Packets, Hydroxycut Liquid Shots, Hydroxycut Hardcore RTDs (Ready-to-drink), Hydroxycut Max Aqua Shed, Hydroxycut 24, Hydroxycut Carb Control, and Hydroxycut Natural.

"The FDA urges consumers to discontinue use of Hydroxycut products in order to avoid any undue risks. Adverse events are rare, but exist. Consumers should consult a physician or other health care professional if they experience symptoms possibly associated with these products," said Dr. Linda Katz, interim chief medical officer of the FDA's Center for Food Safety and Applied Nutrition.

The FDA reports that at least one death has been linked to Hydroxycut. A 19 year old man from the southwestern United States died in 2007. His death was reported to the FDA in March. Other serious liver problems include liver damage that resulted in a transplant in 2002, liver failure, jaundice, seizures and cardiovascular problems. While liver damage is rare, people who have experienced problems were taking doses recommended on the product label. Symptoms include brown urine, nausea, vomiting, fatigue, stomach pain, itching, and light-colored stool.

Manufacturers do not need to register a product with the FDA or get approval before selling a supplement. Iovate, the manufacturer of Hydroxycut, has voluntarily agreed to the recall of products from the market until further determinations can be made.

Continue reading " FDA URGES CONSUMERS TO STOP USING HYDROXYCUT PRODUCTS IMMEDIATELY " »

In another tragic accident involving driver inattentiveness, a cyclist was killed over the weekend. The cyclist was struck at a stop light by a Chevy Impala driven by a woman who was painting her fingernails at the time of the crash. As a Chicago personal injury attorney, I have seen too frequently the aftermath of driver inattentiveness. Drivers should be watching the road, not talking on the cell phone, looking at the scenery or changing the CD player.

The incident occurred at Route 12 and Old McHenry Road. The driver of the Impala told police she was painting her fingernails as she approached the red light at that corner, and she apparently didn't see the cyclist.

The cyclist was from Lake Zurich. "It appears to be a tragic accident and it appears [the cyclist] did nothing wrong," Lake County Sheriff's Office Sgt. Scott Morrison said. "She was just in the wrong place at the wrong time and she could not have done anything to avoid it."

The cyclist died from chest and abdominal injuries about an hour later at Advocate Good Shepherd Hospital in Barrington.

Morrison said the Impala's driver was cited with failure to reduce speed to avoid an accident and could face additional charges. He did not have the driver's name.

Continue reading " DRIVER CAUSES TRAGIC ACCIDENT WHILE PAINTING HER FINGERNAILS " »

The international sensation, Susan Boyle, has re-taught us an age-old lesson that you cannot always judge a book by its cover. The Britain's Got Talent star appeared dowdy and awkward as she appeared on stage. The judges and audience around the world doubted her ability to sing based on her appearance. Ms. Boyle definitely blew everyone away when she started singing, "I Dreamed A Dream." Apparently, everyone's expectations of her were so low based on how she looked and you could see audience members at the show snickering at her. Trial lawyers should also take note of the lesson here on how a person's appearance affects others expectations of them. At trial, it is essential that you grasp the opportunity to manage the jury's expectations.

Like it or not, people do judge others based on their appearance. It is not always fair, but it is a fact. Keep this in mind when you are on trial. This principle applies to your own appearance, the appearance of the plaintiffs and defendants and the appearance of the jury.

My advice would be to make a good impression from the start because appearances do make an impression. That being said, it may be a good idea to explain, perhaps during your opening statement, any of your client's idiosyncrasies or behaviors if you think that the jury is judging him or her on that basis. Use the opportunities that you have before the jury to emphasize your client's positive attributes or the factors that are at issue in the case, such as your client's injuries.

With regard to jurors, keep in mind that you really should not judge them based on appearance alone, which is why effective voir dire is essential.

Continue reading " CHICAGO TRIAL ATTORNEY SUGGESTS YOU MANAGE THE JURY'S EXPECTATIONS " »