Chicago Accident and Injury Lawyer Blog

Chicagoans, like everyone else in the world, love a good jaunt in Las Vegas. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll recently read the news that an alleged outbreak of Legionnaires ' disease has plagued at least one Las Vegas hotel, The Luxor. As reported by www.ktnv.com, the "Southern Nevada Health District has received reports that three guests that stayed at the Luxor have been diagnosed with Legionnaires ' disease." The first two cases were reported in the spring of 2011; both individuals recovered. Then, a third case was reported in January of 2012; unfortunately, that individual died. Testing confirmed the individual died of the bacteria.

Legionnaires' disease is bacterial in nature. It is associated with water-based aerosols found in warm water sources. It can result from poorly maintained cooling towers and potable water systems. Symptoms of Legionnaires' disease include high fever, chills, cough, muscle aches and headaches. Symptoms may present themselves within two to fourteen days after being exposed to the bacteria. The ktnv.com article states why Legionnaire's disease may show up in places like Las Vegas hotel rooms: "[faucets and showers] sit unused for a certain amount of time [then] you turn [them] on and it kicks this stuff up into the air."

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have fought to protect the rights of victims of negligence for over twenty years, achieving many multimillion dollar verdicts and settlements throughout the State of Illinois and nationally in a wide variety of practice areas including premises liability accidents, trucking accidents, auto crashes, medical malpractice, school bus accidents, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading "WHAT HAPPENS IN VEGAS…" »

The Chicago premises liability attorneys at the Law Offices of Jeffrey J. Kroll read the disturbing news that four people were injured today after a building collapsed in the Gresham neighborhood on the 7900 block of South Halsted Street. According to the Chicago Tribune, "the top of the building's brick facade sheared off at the roof line." Three of the victims have been found to be in fair-to-serious condition; a fourth person is in good-to-fair condition.

Incidents such as this often cause people to wonder, who is responsible? Under Illinois premises liability law, owners and occupiers of property may be legally responsible for accidents and personal injuries that occur at their homes or businesses. Premises liability accidents can be caused by many factors, including failure to provide proper security measures and poor maintenance of buildings and facilities, or premises negligence. Illinois law states that an urban landowner owes a duty of reasonable care that includes taking reasonable steps to prevent injury. When it comes to sidewalks, the general rule is that an owner or occupier of a premises is not liable for personal injuries incurred on a public sidewalk that is under the control of a municipality; however, an abutting landowner does have a duty to exercise ordinary care not to create an unsafe condition that would interfere with the customary and regular use of a walkway. See Thiede v. Tambone, 196 Ill. App. 3d 253, 260 (2d Dist. 1990).

Illinois property owners or occupiers must take reasonable steps to ensure their property is safe so an injury does not occur. In certain cases, the property owner or occupier must warn people on their property of any dangerous conditions.

People who are injured on someone else’s property may be able to receive monetary compensation for their pain, suffering and emotional distress, disability and disfigurement, as well as to help cover medical costs and lost income. Victims must file a negligence and/or premises liability claim within a specified time period after the accident, which varies depending on the situation. For this reason, it is important to contact an experienced premises liability injury lawyer as soon as possible after an incident.

Continue reading "CHICAGO BUILDING COLLAPSE INJURIES AT LEAST FOUR PEOPLE" »

The news of the death of 32-year-old Shantel McCoy, who died in a deadly high-rise fire in Chicago's Lakeview neighborhood, has saddened many in the Chicagoland area and beyond. Investigating officials have reported that a door left open by another couple fleeing the fire may have caused the fire to further spread. They also found that an elevator malfunction thwarted fire fighters' ability to contain the fire initially. However, one of the most upsetting findings, as reported by CBS Chicago, was that "fire safety requirements that might have saved McCoy’s life were recently pushed back three years."

Investigators have stated that after the fire was already well underway, McCoy rode the building's elevator to the 12th floor, where she was exposed to 1,500-degree heat and poisonous gas, and subsequently died. In 2004, Chicago's City Council passed an ordinance requiring owners of Chicago residential high-rise buildings to make "life safety" improvements by January 1, 2012. According to the Chapters 13-78 of the City of Chicago High Rise Building - Emergency Procedure Overview, those improvements included an elevator emergency recall system

"programmed into the elevator to send it non-stop to the main floor so the fire department can take control of the elevator in a fire situation or emergency. This control of the elevator is called fireman service mode. When elevators are in the fireman service mode, they cannot be used by anyone but firefighters."

City Council recently granted property owners an extension until 2015 to comply with the ordinance due to complaints about costs associated with implementing the improvements. The 2004 ordinance was instituted as a result of the deadly 69 W. Washington fire, which resulted in the death of six people. CBS Chicago reported that the elevator emergency recall system at the Lakeview building was not working properly at the time of the fire.

Each year, 450,000 Americans sustain burn injuries, which require treatment from a healthcare provider. According to the American Burn Association, each year, 3,500 people suffer fire and burn deaths, 3000 of which occur in residential fires. Individuals who suffer serious injuries in fires will often require lifelong care and treatment, including physical and psychological care. Many burn victims will sustain permanent scarring, disfigurement and emotional trauma. Common causes of burn injuries include: negligence, work place accidents, defective appliances, electrical shock, propane gas tanks, trucking collisions and car accidents.

Continue reading "CHICAGO WRONGFUL DEATH AND FIRE INJURY ATTORNEYS ON THE LAKEVIEW HIGH-RISE FIRE DEATH" »

During the last few weeks of December, the First District Illinois Appellate Court decided what one trial judge called a "tragically bizarre case." As experienced Illinois personal injury attorneys, we read new court rulings on a regular basis. The "tragically bizarre case" was Zokhrabov v. Park, 2011 Ill. App. LEXIS 1298 (1st Dist. 2011). There, eighteen year-old Hiroyuki Joho was killed when an Amtrak train struck him while he was in a crosswalk at a Chicago Metra Station. A large portion of Joho's body "was propelled about 100 feet onto the southbound platform where it struck 58-year-old Gayane Zokhrabov from behind, knocking her to the ground. She sustained a shoulder injury, a leg fracture, and a wrist fracture." 2011 Ill. App. LEXIS 1298, *2. Zokhrabov sued Joho's estate for her injuries. The parties filed cross motions for summary judgment as to the proximate cause of the incident. Zokhrabov claimed Joho owed her a duty while walking in and around the Metra station and that he breached that duty when he: "(a) carelessly and negligently failed to keep a proper lookout for approaching trains; (b) carelessly and negligently ran in the path of an approaching [Amtrak] train; or (c) carelessly and negligently failed to yield the right-of-way to approaching trains." Id. Park, on behalf of Joho's estate, argued Joho did not owe Zokhrabov a duty of care. The trial court ruled in favor of Park. Zokhrabov appealed.

The First District Illinois Appellate Court, applying a traditional analysis of duty, reversed and remanded, finding Zokhrabov was a foreseeable plaintiff and that as a result, Joho owed her a duty. What does that mean? When determining whether a duty of care exists in a particular set of circumstances, Illinois courts will consider, among other factors, the reasonable foreseeability that the defendant's conduct may injure another. Other factors that courts consider are the reasonable likelihood of an injury, the magnitude of the burden imposed by guarding against the harm, and the consequences of placing the burden on the defendant. Id. at *10.

In the Zokhrabov case, the First District Appellate Court decided that it was reasonably foreseeable that a train would strike, kill and fling Joho's body onto the passenger platform where Zokhrabov was waiting for her train to arrive. The Court further found that Joho acted negligently by crossing the tracks when he did and that his negligence could cause someone else's injury. The reasonable likelihood of causing an injury was great given the speed and force of the oncoming Amtrak train. The magnitude of the burden imposed by guarding against the harm was insignificant; Joho only needed to take a moment to pause, look at the tracks and cross when it was safe. Finally, placing this burden on Joho would have been minimal. Id. at 22.

What about the fact that the trial judge called the accident "tragically bizarre"? That doesn't sound like something that can be considered "foreseeable," does it? The First District Appellate court had an answer: There is a general proposition that there is no duty to anticipate and prevent injuries that occur due to unusual and extraordinary circumstances. See, Cunis v. Brennan, 56 Ill. 2d 372 (1974). However, the Appellate Court did not find that proposition persuasive in this case. Since there are no Illinois cases factually similar to the Zokhrabov case, the Court relied on traditional duty analysis and found that the injury was foreseeable, thereby creating a duty of care.

Continue reading "FIRST DISTRICT APPELLATE COURT DECIDED WHAT TRIAL JUDGE CALLED A "TRAGICALLY BIZARRE CASE"" »

As Illinois personal injury attorneys, we must stay up to date on new laws at all times. Effective January 2012, Illinois legislatures have added over 200 new laws affecting Illinois citizens. WSILTV.com published a list of the new laws. Here are a few that could impact the rights of personal injury victims:

Motorcycle Red Lights (HB 2860/PA 97-0627): This new law permits motorcyclists, who are stopped at a red light, "to proceed through the light if, after waiting a reasonable length of time, the red light fails to change to green."

Seat Belts (HB 219/PA 97-0016): The Chicago Accident and Injury Lawyer Blog reported on this one in July of 2011. Illinois's new seatbelt law requires even adult passengers sitting in the back seat of a moving vehicle to wear a seat belt. The law also requires individuals 18 and younger, who happen to be riding in a taxi cab for school-related purposes, to wear a seat belt.

Smoke Detectors (HB 1398/PA 97-0447): This law requires "hotels to be equipped with at least one smoke detector within 15 feet of every room that is used for sleeping purposes." Hopefully, this law will help prevent fires that cause serious burn injuries and wrongful death.

Uninsured Driving (HB 2267/PA 97-0407): This law fixes a $2,500 fine, plus any applicable jail time, for individuals "convicted of driving an uninsured vehicle that results in bodily harm to another person," if the individual has "two or more convictions for driving an uninsured vehicle." A person convicted of third violation will be required to pay a $1000 fine, if the person has not caused bodily harm to another person.

Vehicle Occupancy Restrictions (HB 1315/PA 97-0017): The Chicago Accident and Injury Lawyer Blog also commented on this law back in July of 2011. The Vehicle Occupancy Restrictions law makes it illegal for passengers to ride in trailers, wagons and other vehicles while they are being towed on highways, with the exemption of farm-related activities and parades.

Medical Malpractice (HB 1476/PA 97-0449): This law permits the Illinois Department of Financial and Professional Regulation (IDFPR) to provide information to the public concerning complaints against doctors or medical professionals. The law will help patients more thoroughly research the doctors and medical professionals who treat them.

Continue reading "OVER 200 NEW LAWS ADDED TO ILLINOIS'S BOOKS" »

Have you ever wondered what duty landowners have to keep their property safe, especially property that contains large trees? As Chicago premise liability attorneys, we know that many people are unaware of their legal rights when they are injured on another person's property; yet, this is a concerning topic. Earlier this year, a fifteen-year-old girl from Lake Forest, Illinois, was killed during a Wyoming camping trip when a tree fell on top of her while she was backpacking.

In Illinois, the First District Illinois Appellate Court provided guidance on this issue when it decided the case Ortiz v. Jesus People, 405 Ill. App. 3d 967 (1st Dist. 2010), in November of 2010. There, plaintiff was injured when a tree limb, extending over a public sidewalk from defendant's property, fell on top of her while she and her daughter were riding bicycles one windy Spring day in Chicago. The tree limb knocked plaintiff unconscious. Plaintiff eventually regained consciousness, but required numerous painful surgeries, including mouth and nose surgeries.

Plaintiff filed premise liability and negligence suits against defendant, Jesus People, and the City of Chicago. The trial court granted the City of Chicago's motion to dismiss. At trial, a jury awarded plaintiff $686,831.17. The defendant's motion for a new trial was denied. Defendant appealed.

The First District Appellate Court affirmed the jury verdict in favor the plaintiff. The general rule followed by Illinois courts considers Section 363 of the Restatement (Second) of Torts, which provides that "a possessor of land *** is [not] liable for physical harm caused to others outside of the land by a natural condition of the land." The "natural condition of the land" includes "the natural growth of trees *** and other vegetation upon land not artificially made receptive to them." However, there is an exception to the general rule of non-liability that pertains to a possessor of land "in an urban area" where such possessor is "subject to liability to persons using a public highway for physical harm resulting from his failure to exercise reasonable care to prevent an unreasonable risk of harm arising from the condition of trees on the land near the highway." Furthermore, Illinois law states that an urban landowner owes a duty of reasonable care that includes taking reasonable steps to prevent injury. 405 Ill. App. 3d at 973. In the Ortiz case, defendant's property was located in Chicago, an urban area, and the tree was adjacent to a public sidewalk on a busy public street and a very large limb extended over that sidewalk. The defendant failed to exercise reasonable care, which would involve inspection of and maintenance of the tree to prevent an injury to travelers on the public sidewalk.

Owners of property in urban areas are not the only ones with this responsibility. In Mahurin v. Lockhart, 71 Ill. App. 3d 691, 693 (5th Dist. 1979), the court expanded the duty established in Section 363(2) of the Restatement (Second), holding: "a landowner in a residential or urban area has a duty to others outside of his land to exercise reasonable care to prevent an unreasonable risk of harm arising from defective or unsound trees on the premises, including trees of purely natural origin."

Continue reading "CHICAGO PREMISE LIABILITY ATTORNEY: LANDOWNERS DUTY TO KEEP THEIR PROPERTY SAFE" »

The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:

"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:

(1) the deceased person's surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "

Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.

The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.

Continue reading "ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS" »

Every month, Chicago personal injury lawyer Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, "Lawyers should take the reins with future damages", Jeff puts a holiday spin on the discussion of maximize damages for client's future medical expenses, lost earnings, future pain and suffering, disability, disfigurement and loss of consortium damages in a light of the ever-changing American economy and political climate. Here is an excerpt from his article:

My firm represents individuals who have been severely injured as a result of someone else's negligent acts. One of the most difficult tasks we have is ensuring our clients receive full and fair compensation. Before entering into a settlement or suggesting an amount of compensation to a jury, we must determine a sufficient amount of money that will provide for the individual well beyond the date of trial. Often, our clients' lives have been shattered by unnecessary and unexpected injuries. Many can no longer work or care for themselves.

In my humble opinion (with the full disclosure that I am a plaintiff's attorney), the injured party deserves the benefit of the doubt. This isn't just a "holiday, be generous" message. (Although, I am in the spirit this year; Christmas music plays in my office even as I write this article.) Who will care for the injured if their settlement or verdict award does not cover medical and daily living costs well into the future? I have yet to hear of Santa and his elves stuffing stockings with prescription medications, physical therapy, joint replacement surgeries or checks to cover insurance premiums. No one can depend on the future of Medicare and Medicaid either — nor should they have to. The harm perpetrated on the injured will consistently ripple through the individual's family, emotionally and economically. Not only do family members live with the changed — depressed and likely disabled — person, but often they also must care for the victim of negligence. The cynic will say "Well, that's the family's job. They should take care of them." But how fair is that?

The only way to protect the victim and the family, and to provide them with some piece of mind when it comes to future finances, is to maximize damages for future medical expenses, lost earnings, even future pain and suffering, disability, disfigurement and loss of consortium. Speculative damages, you might say. But there is nothing speculative about the ongoing pain and suffering that my clients will endure. Nor is there anything speculative about the medical care that they will require for the rest of their lives.

Then, there is the whole business of future damages discounted to present cash value. All future damages, except for pain and suffering, disfigurement, disability and loss of society and consortium, must be reduced to present cash value. This has become the preferred method of determining future damages. While there is no requirement that the trial attorney present actuarial or statistical evidence to the jury to determine present cash value (Robinson v. Greeley & Hansen, 114 Ill.App.3d 720, 725 (2d Dist.1983)), it certainly can be helpful at times. Of course, mortality tables also help plot the course. But how do we plan for other economic and political changes? Right now, the future of health care in this country is unknown. Regardless of which side of the aisle you prefer, we will all be affected by the changing American medical infrastructure at some point. Medical costs seem to be rising as quickly and as steadily as the cost of college. Life-care planners and economists can help us plan for our clients' futures, but we are ultimately the clients' advocates and must direct the outcome.

Read the entire article.

Continue reading "BALANCING LIFE AND THE LAW" »

In recent weeks, we've heard the horrendous news that two Chicagoland area children suffered life-ending injuries when televisions fell on top of them. Many families, while aware that televisions are considered heavy furniture, do not understand the severe risk televisions present to young children if they fall from a wall or an unsecured television stand. As Chicago products liability and premise liability attorneys (and parents), we understand that this is a scary prospect. Many families own multiple televisions. It is imperative that these televisions are properly anchored so that children cannot tip them over.

The Consumer Product Safety Commission (CPSC) reports that between 2000 and 2010, "[o]n average, one child dies every two weeks when a TV, piece of furniture, or an appliance falls on him." However, more kids are killed in accidents involving television tip-overs than any other piece of furniture. CPSC also estimated "that more than 22,000 children 8 years old and younger were treated in hospital emergency rooms for injuries resulting from tip-over incident between 2008 to 2010," with the most common incidents involving toddlers who climbed, fell against or pulled themselves onto such furniture.

The Chicago Tribune recently exposed the fact that new TVs are missing a "simple tool that could save their child's life — safety straps or anchors to keep the television from tipping over — because manufacturers aren't required to include them." In fact, it is not that easy to find these safety straps in stores. Safety advocates are now bringing to light the need for manufacturers to include safety straps or device with the purchase of new television.

The Tribune provides the following tips for anchoring a television:

- Use nylon straps or mounting kits to anchor televisions, but do not use furniture safety straps to anchor televisions. Look for straps for televisions only.
- If utilizing a TV stand, make sure it is sturdy. If the base is too small for the TV, a tip-over may occur more easily.
- Do not place televisions on dressers.
- Televisions placed on furniture should be anchored to the wall and sit as far back on the piece of furniture as possible.
- Do not place remote controls or other items (including toys) on top of televisions or television stands. Also, refrain from placing other electronic devices, such as DVD players, on top of televisions.
- Keep cords out of reach.
- Recycle old TVs.
- Always supervise children around unanchored televisions.

Researchers are now looking at the risks posed by flat-screen televisions versus tube televisions. Of course, tube televisions are heavier, but flat screens are easier for children to grab and tip. The Chicago Accident and Injury Lawyer Blog discussed this very topic back in 2009, in a blog post, Hidden Household Hazards for Curious Tots. There, we discussed various household hazards and tips for keeping small children safe.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY: PREVENTING TV TIP-OVERS" »

According to dogsbite.org, a national dog bite victims' group dedicated to reducing serious dog attacks, between 2006 and 2008, pit bull-type dogs killed 52 Americans, accounting for 59% of all fatal dog attacks during that period. Yes, you read that correctly, 52! The statistic "is equivalent to a pit bull killing a U.S. citizen every 21 days during this 3-year period." Pit bulls and Rottweilers together accounted for 73% of the 52 deaths caused by dog attacks. The Chicago dog bite attorneys at the Law Offices of Jeffrey J. Kroll have represented a number of victims of dog bites, especially those seriously injured by pit bulls and Rottweilers. The U.S. Center for Disease Control (CDC) reports that 4.5 million Americans are bitten by dogs each year, with one in five dog bites results in injuries that require medical attention.

Who is most at risk? According to dogsbite.org, pit bulls tend to kill adults more often than children. In that same three-year period discussed above (between 2006 and 2008), of the 52 Americans killed by pit bulls, 54% were adults and 46% were children. Pit bulls can be just as dangerous off their owner's property as they are on it. Among senior citizens killed by pit bulls during that same period, "Two were killed while standing in their own backyard…. Four others were killed while taking a morning walk or getting the mail."

However, despite the statistics, children must be watched closely around all dogs, especially pit bulls and Rottweilers. According to the CDC, serious injuries from dog bites are highest for children between the ages 5 to 9 years. Children are also more likely than adults to require medical attention as a result of a dog bite. Children should never be left alone with dogs of any breed. Also, parents and caregivers must exercise extreme caution when introducing a child to a new situation with an aggressive dog breed, such as a first time visit to the home of a dog with dangerous tendencies. To be safe, keep children out of such scenarios.

If you have been bitten by a dog or otherwise suffered injury due to the action of an animal, then you may be entitled to bring a lawsuit against the owner of that animal. Many towns and municipalities throughout Illinois ban or restrict the ownership of pit bulls. The Illinois Animal Control Act, 510 ILCS 5/16 (2011), further protects people who are injured by animals owned by others. The law states:

"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."

The word "attack" includes aggressive, threatening, or menacing behavior that does not culminate in biting or other injury, as well as actual physical contact. 2002 Op. Atty. Gen (02-001). Under the law, the animal's owner may be liable for monetary damages for injuries caused by the animal. Parents of minors injured by dog bites also have a right to seek recovery for monetary damages, such as medical expenses. To successfully recover damages in a dog bite case, parents must establish: (1) that the minor victim's injury was caused by the animal owned by the defendant; (2) lack of provocation; (3) peaceable conduct of the minor child; and (4) the presence of the minor child in a place where he had a right to be. Claxton ex rel. Claxton v. Grose, 226 Ill. App. 3d 829 (4th Dist. 1992).

Victims of attacks by dogs or other animals may suffer serious injuries and death. Medical expenses will often include reconstructive surgery, including skin grafting, tissue expansion and scar diminishment, which could require multiple procedures over a period of years.

Continue reading "BEWARE OF DOG: PIT BULLS AND ROTTWEILERS CAN AND DO CAUSE SERIOUS INJURIES AND DEATHS " »

Many of the personal injury clients that we serve at the Law Offices of Jeffrey J. Kroll must undergo MRIs prescribed by their doctors after becoming injured as a result of another person's negligence. An MRI, or magnetic resonance imaging, is a radiological technique that doctors use to see inside the body. MRIs are a common, diagnostic test, and typically make it easier for doctors to distinguish problematic tissues from normal tissues. MRIs differ from x-rays and CT scans by using magnetic fields opposed to radiation, which make x-rays and CT scans possible. MRIs are thought to be reasonably safe; however, as one recent CNN article pointed out, "if mistakes are made, they can hurt or even kill you."

CNN reported four main ways MRIs can go wrong:

(1) Projectiles: MRI machines contain powerful magnets that can attract other metal objects. Serious, injury-causing problems can occur if a patient is being scanned when a metal object collides with the MRI machine. CNN reported a New York child who "was killed in 2001 when the MRI machine sucked an oxygen canister into the machine where he was being scanned." Projectiles can be prevented if the MRI technicians follow proper policies and procedures.

(2) Burns: The RF transmitters in MRI can produce intense heat. Problems occur if a patient accidentally touches the walls of the MRI tunnel or is not checked properly for electrical conductors that can pick up concentrated RF frequencies. MRI technicians should make sure there is enough material between the patient and the wall to prevent burning.

(3) Hearing loss: If you have ever had an MRI, you know that the machines make a lot of noise. One CNN interviewee compared the MRI noise level to the level of noise exposure near a jet aircraft. Repeated MRIs raise the risk for hearing loss. Hearing loss can easily be prevented by providing patients with earplugs or earphones.

(4) Implants and medical devices: The magnetic fields in MRIs can move or damage metal devices implanted in a person's body, such as aneurysm clips and pacemakers. Although most current medical devices are MRI-safe, anyone undergoing an MRI should advise the MRI technician of the presence of a medical device before undergoing the scan.

To ensure your safety before undergoing an MRI, make sure you thoroughly complete MRI questionnaires or screening forms presented to you by the MRI facility. Review the answers with the MRI technician. You must also remove all metal from your body before an MRI. Any metal, such as a medical device or bullet, etc., which cannot be removed, must be discussed with a technician and a doctor. Be sure that you are provided ear protection that fits you properly. Notify the technician if you notice any open doors, loose wires or metallic objects that could be attracted to the magnetic field of the MRI machine. Avoid contact with the inside of the MRI machine's walls.

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll are dedicated to serving injured individuals and their families in personal injury and wrongful death actions. For over twenty years, Jeffrey J. Kroll has assisted injured clients in Illinois and throughout the United States. Our personal injury and wrongful death attorneys have achieved many multimillion dollar verdicts and settlements in a wide variety of practice areas including trucking accidents, auto crashes, medical malpractice, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading "WHAT TO KNOW BEFORE YOUR MRI" »

Every month, Chicago personal injury lawyer Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's Halloween-themed article, "Halloween illustrates element of surprise at trial", Jeff discussed embracing the element of surprise at trial, instead of fearing it. Here is an excerpt from his article:

"When it comes to jury trials, most attorneys strive to eliminate the possibility of surprise. Anyone that has ever presented testimony in court has most likely encountered a witness who provided a different version of the incident on the stand than they had during preparation. You know what, even with proper preparation, sometimes "stuff" happens.

"But, what if trial attorneys learned to embrace the element of surprise at trial, instead of fearing it? Personally, I do not like to give away all the strengths of my case during pretrial discovery. Often, I forgo the long, extended deposition of a particular witness if I believe that I am going to try the case. Sometimes, if I know that I am going to conduct cross-examination of a particular witness at trial, I want another attorney in the office to take the discovery deposition. See, a trial surprise doesn't have to be eerie, so long as you are the one introducing it, not your opponent.

***

"Now, I understand that the purpose of Illinois Supreme Court Rule 213 is "to avoid surprise and to discourage tactical gamesmanship." Sullivan v. Edward Hospital, 209 Ill. 2d 100, 111 (2004). I am in no way advising that trial attorneys ignore the all-mighty (and potentially frightening) Rule 213. Disclose everything — every opinion and their bases, every document, every potential piece of evidence — and on time.

"Yet, cross-examination is a different ghost. Rule 213(g) states: "Without making disclosure under this rule … a cross-examining party can elicit information, including opinions, from the witness." Ill. Sup. Ct., R 213 (2011). The committee notes further explain, in part: "Parties are to be allowed a full and complete cross-examination of any witness and may elicit additional undisclosed opinions in the course of cross-examination." Id., Committee Comment to March 28, 2002, Amendment, Paragraph (g). See also, Stapleton v. Moore, 403 Ill. App. 3d 147, 156-157 (1st Dist. 2010) ("holding that Rule 213(g) does not require a party to disclose journal articles that the party intends to use while cross-examining the opposing party's opinion witness"). This, my friends, is why I love cross-examination.

"In fact, cross-examination can be the place to really shock your opponent. Take a recent 1st District Appellate Court case, Van Gelderen v. Hokin, 2011 Ill. App. LEXIS 785 (1st Dist. 2011). There, the plaintiff was injured when he fell down a stairwell upon exiting the side entrance to the defendant's home. At trial, the defendant testified that he had not changed anything about the side entrance and that no one since the plaintiff had been injured by falling down the stairwell. 2011 Ill. App. LEXIS 785, *22. The plaintiff, in turn, properly impeached the defendant by introducing evidence of a baby gate that had been installed after the incident. By testifying that no one had been injured and no changes had been made, the defendant opened the door to allow evidence of the installation of the baby gate, permitting otherwise inadmissible evidence of a subsequent remedial measure to be introduced at trial. Id., see also, Herzog v. Lexington Township, 167 Ill. 2d 288, 302 (1995) (evidence of subsequent remedial measures may be admissible for the purpose of impeachment). I do not know whether or not the plaintiff's attorney expected the defendant's response that "no changes had been made," but the fact that the attorney had the evidence of the subsequent remedial measure available at trial is commendable."

To read Jeff's entire article, click here.

Continue reading "BALANCING LIFE AND THE LAW" »

As the parent of two little trick-or-treaters, I know the importance of safety when it comes to Halloween. As a Chicago personal injury attorney, I also know that despite all the fun this time of year has to offer, injuries can and do occur. In fact, according to AAA Chicago, Halloween "ranks among the most dangerous for young pedestrians." The National Highway Traffic Safety Administration (NHTSA) "reports Halloween is consistently one of the top three days for pedestrian injuries and fatalities." As a result, parents and care givers must take steps to protect their children -- both on and off the streets -- this Halloween.

The Chicago pedestrian injury attorneys at the Law Offices of Jeffrey J. Kroll reviewed safety tips from the American Academy of Pediatrics as well as AAA. We hope you will review this information before stepping out to trick-or-treat this year.

- Plan costumes that are bright and reflective. For better visibility, add reflective tape to costumes or Trick-or-Treat bags so that your child glows under streetlights or a car's headlight.

- Purchase costumes, wigs, and accessories that are flame resistant. However, remember, flame resistant does not mean that your child cannot get burned. Keep children away from burning jack-o-lanterns and any other type of open flame.

- Instead of a mask, which can limit or block eyesight, consider non-toxic makeup and decorative hats.

- Eliminate any sharp or long swords, canes, or sticks from your child's costume. If a child trips and falls with one of these accessories in his or her hands, they can suffer a serious injury.

- So that children can see, and be seen, they should carry flashlights while trick-or-treating. Don't forget to buy extra batteries. Glow sticks are a fun alternative.

- Forgo decorative contact lenses unless your child has received an eye examination and a prescription from an eye care professional for the decorative lenses.

- Make sure children know to call 9-1-1 if there is an emergency or if they get lost.

- Drivers should watch carefully for children crossing the street since excited children may be inspecting their candy bags and not pay attention to traffic.

- Motorists should decrease speed, scan the road far ahead, and stop in anticipation for children's actions.

- Drivers should be on alert for children in dark clothing.

- Although children are more likely to get injured from a fall, a car or their costume, parents should check that their child's candy has not been tampered in any way.

Continue reading "MORE HALLOWEEN SAFETY TIPS FROM THE LAW OFFICES OF JEFFREY J. KROLL" »

This year, it seems that the observance of Halloween has taken over the entire month of October. My children and I have already visited numerous pumpkin patches and the costume parties started last week. We have been "booed" almost daily. As we decorated our home with spooky ghosts and scary monsters, I was overly sensitive to potential hazards that could injure little strangers looking for free candy on my property. There is always the potential for premise liability lawsuits against homeowners, renters, and condominium associations around this time of year. Homeowners especially have a responsibility to make sure their residences are safe for trick-or-treaters.

The premise liability attorneys at the Law Offices of Jeffrey J. Kroll have devised these tips for homeowners in preparation for Halloween:

Light All Entrance Ways. Trick-or-treaters visiting your home may have to climb steps or walk down a long path before arriving to your door. Be sure that the entire path is clear and lighted. Replace burned-out light bulbs. Do not use candle luminaries in bags. They are a fire hazard and could brush up against a child’s costume and start a harmful fire. Sure darker is scarier, but darker can also be more expensive and stressful in the long run.

Condominium Owners Need to Set Policies. The Illinois Condominium Property Act, 765 ILCS 605/18.3 (2011), places the responsibility for the overall administration of condominium property on the condominium association through its duly elected board of managers. Each unit owner is typically a member of the association. If a condo owner is going to let trick-or-treaters into the common area, they must make sure those people are safe.

Keep Pets Out of the Picture. Even pets that are normally friendly could get excited by all the noise and cause harm to trick-or-treaters. According to the American Medical Association, dog bites are the second leading cause of childhood injury. It may be cute to dress Fido up as a pumpkin, but make sure you keep him on a matching (short) leash so he doesn't chew on any of your little guests.

Keep the Path Clear. Some municipalities have requirements about how level concrete must be for pathways. Be sure that your cement isn't uneven or a hazard that could cause trick-or-treaters to easily trip and fall. There are temporary solutions available for leveling those potential tripping hazards. Also, remove garden hoses, toys, bicycles, lawn decorations, or anything else that a child (or parent) could potentially trip on.

Cover Up the Holes. Let's fact it, some trick-or-treaters may venture off the path to your front door. The shortest distance between two doors could be your lawn. So, be sure that ground openings or swimming pools are repaired, blocked or covered. Consider using fencing or bright cones to mark dangerous areas.

A homeowner's liability for another person's injuries sustained on the homeowner's property often depends on numerous circumstances, including whether the injured person was an invitee, licensee, trespasser or child. For this reason, it is important to contact an experienced premise liability injury attorney if you or your child has been injured on someone else's property. Since there are numerous factors to consider, only an experienced injury attorney can explain your legal rights.

Halloween is supposed to be a fun time of year. By taking steps to enhance the safety of your home you will find ways to not only protect yourself from liability, but also protect everyone who visits your home. Just think you'll be ready before the family comes around for Thanksgiving! Taking the time now to improve safety will impact your property throughout the year. It's like designating a time of year to check smoke detector batteries. Halloween can be a great reminder to check the safety of your home and property.

Continue reading "CHICAGO PREMISE LIABILITY ATTORNEY: CHECK THE SAFETY OF YOUR PROPERTY BEFORE VISITORS COME TRICK-OR-TREATING" »

We hate to admit it… but winter is edging closer and closer every day. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll would like to discuss a new Illinois First District Appellate Court case, Hornacek v. Fifth Avenue Property Management, 2011 Ill. App. LEXIS 1052 (1st Dist. 2011), which summarizes the duty of landowners (and snow removal companies) when dealing with snow and ice accumulation.

In Hornacek, plaintiff sued defendants Fifth Avenue and Rice, after she slipped and fell on an unnatural accumulation of ice in a parking lot owned by Fifth Avenue, causing her painful injuries. Defendant Rice was the owner of the snow removal company contracted to remove snow at the property. At their discovery depositions, Ms. Hornacek and a co-worker testified that an unnatural accumulation of snow existed on the north side of the building where her accident occurred. Her co-worker further testified that "at times an enormous pile of snow" would be plowed against the north wall of the building. 2011 Ill. App. LEXIS 1052, *26. Defendant Rice admitted at his deposition that water "always" tended to pool at the north side of the building, where Plaintiff fell. Witnesses also testified that they had complained to Fifth Avenue about the accumulation of snow on north side of building.

Both defendants filed motions for summary judgment requesting the court to dismiss the case in their favor. Fifth Avenue argued there was no evidence to support plaintiff's claim that she fell on an unnatural accumulation of ice. Rice claimed the duty he owed plaintiff was defined by the terms of his contract with Fifth Avenue, and that he did not breach that contract since the contract did not require him to monitor the parking lot for snow or ice accumulations. The trial court granted defendants' motions for summary judgment. Plaintiff appealed.

The First District Appellate Court reversed and held that plaintiff presented sufficient evidence that the ice upon which she fell was caused by an unnatural accumulation created by Rice. It also held that as the landowner, Fifth Avenue had a duty to provide a safe means of travel for pedestrians between the parking lot and the building since it elected to have snow removed from the parking lot.

What does this mean in non-legal speak? First of all, summary judgment is a drastic way for a court to dispose of a case. When a court grants summary judgment, it finds that the plaintiff cannot present sufficient evidence to prove his or her case before a jury. The Plaintiff does not get his or her day in court.

For a plaintiff to recover in a slip-and-fall case involving ice, snow, or water, the plaintiff must show "that the accumulation of ice, snow or water is due to unnatural causes and that the property owner had actual or constructive knowledge of the condition." Gilberg v. Toys "R" Us, Inc., 126 Ill. App. 3d 554, 557 (1st Dist. 1984). Typically, courts will not hold Illinois landowners liable for the failure to remove natural accumulations of snow or ice. Ziencina v. County of Cook, 188 Ill. 2d 1, 10-11 (1999). However, once a landowner elects to undertake snow and ice removal on his property, the landowner has the duty to exercise ordinary care in doing so. Erasmus v. Chicago Housing Authority, 86 Ill. App. 3d 142, 145 (1st Dist. 1980). It is also the duty of the landowner to provide a reasonably safe way for people to get in and out of property. Snow removal contractors have a duty not to "negligently remove snow by creating or aggravating an unnatural accumulation of snow or ice." McBride v. Taxman Corp., 327 Ill. App. 3d 992, 996 (1st Dist. 2002).

Snowy and icy conditions must be treated with due care. If you work in a building that does not properly deal with the accumulation of snow or ice, be sure to lodge complaints with management and make your concerns known. Although winter is not here yet, it will be soon. It is never too early to consider your safety.

Continue reading "IT'S NOT TOO EARLY TO DISCUSS HOW ILLINOIS LAW DEALS WITH SLIPS AND FALLS ON SNOW AND ICE, IS IT? " »

The personal injury attorneys at the Law Offices of Jeffery J. Kroll read a recent Illinois case discussing premise liability issues in Illinois. The case is Van Gelderen v. Hokin, 2011 Ill. App. LEXIS 785 (1st Dist. 2011). There, plaintiff, an invitee, who was aware that a side door at the property owner's home opened into a hallway, and that only about five inches separated the door opening from a stairwell, fell down the stairwell upon leaving the property. The plaintiff sued the property owner under premise liability theory. At trial, the plaintiff offered expert testimony that the stairwell was unreasonably dangerous. The jury found that the plaintiff's injury was caused by an unreasonably dangerous condition. The trial court denied the property owner's motion for judgment notwithstanding the evidence.

The appellate court affirmed, agreeing that the expert's testimony that the stairwell was unreasonably dangerous distinguished plaintiff's case from previous cases involving stairwell falls. The most interesting part of the appellate court's findings, however, in the opinion of our personal injury attorneys, is the court's finding regarding testimony related to subsequent remedial measures. Subsequent remedial measures are typically off limits when it comes to evidence in a trial (i.e., evidence of subsequent remedial action is inadmissible to show prior negligence. Fan v. Auster Co., 389 Ill. App. 3d 633, 654, (2009)). During the Van Gelderen trial, however, the property owner testified that he had not changed anything about the side entrance to his house and that no one since plaintiff had been injured by falling down the basement stairs. 2011 Ill. App. LEXIS 785, *22. Plaintiff in turn properly impeached the property owner by introducing evidence of a baby gate that had been placed in front of the entrance to the stairwell, which contradicted the property owner's statement that he had not changed anything about the entrance since the incident. Id. See also, Herzog v. Lexington Township, 167 Ill. 2d 288, 302 (1995) (evidence of subsequent remedial measures taken by a defendant may be admissible for the purpose of impeachment). The property owner opened the door to allow evidence of the installation of the baby gate by testifying that no one had been injured and no changes had been made.

Cases like Van Gelderen are considered "wins" for injured victims throughout Illinois. Experienced personal injury attorneys know the most recent case law, and dedicate their careers to helping injured clients.

Continue reading "PLACEMENT OF A BABY GATE POST-INCIDENT CONSIDERED PROPER AREA OF IMPEACHMENT" »

With children back to school for nearly a month now, many families have adjusted to new schedules and have come to terms with cooler temperatures as fall-like conditions quickly hit the Chicago area. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll believe that now is as good of a time as any to review safety measures with children of all ages. The Chicago Accident and Injury Lawyer Blog recently discussed Heather A. Begley's tips on bus safety. We have also found the following tips from the Consumer Product Safety Commission (CPSC) that should be reviewed by parents, caregivers and students:

1. Children who ride bikes or scooters to school should wear a properly fitted helmet while riding. Helmets that have already been involved in an accident must be discarded.

2. With that said, children should not wear helmets while playing on playgrounds as they can become attached to playground equipment and cause strangling.

3. In the same vein, remove drawstrings from your child's hooded jacket, or "hoodie," to prevent strangulation injuries. Also remove drawstrings from the waist line. "CPSC has received 26 reports of children who died when the drawstring on their clothing became tangled on playground slides, school bus doors and other objects. Waist and bottom drawstrings have been caught in doors or other car parts resulting in dragging incidents."

4. CPSC has recommended that soccer coaches, school officials and soccer field maintenance personnel anchor goals to the ground so they do not fall over and cause a serious injury or death. Illinois has recently enacted Zach's law, which requires all moveable soccer goals made or sold in Illinois to be tip-resistant.

Continue reading "IT'S NOT TOO LATE TO REVIEW BACK-TO-SCHOOL SAFETY TIPS" »

Now that summer is coming to a close and many pools are closed for the season, you may think that the danger of drowning is behind you and your children. Sadly, this is not even remotely true. The U.S. Consumer Product Safety Commission (CPSC) recently stated: "The danger of drowning for young children is a real one, all year long." If fact, it "is the leading cause of unintentional death among children ages 1 to 4," with bathtubs being the second leading location, after pools, where young children drown. Most adults are aware that children can suffer severe injury leading to drowning and death in even a small amount of water; yet, too many leave children unsupervised around containers, fountains or other water features.

The CPSC recently released a new report on non-pool and non-spa related injuries and fatalities, which states that "from 2005 to 2009, there were 660 submersion incidents involving children younger than five years old." Of those submersions, 431 resulted in fatalities. 92 percent of the incidents occurred in the home.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll advise all parents and caregivers to review CPSC's drowning prevention safety tips. Some of the tips are as follows:

- Never leave young children alone near any body of water, including pools, tubs or basins with liquids or fluids in it.
- Remain within arm's reach when your child is in a bathtub. Never leave the room when they are taking a bath.
- Do not permit young children to care for a baby or another young child while in a bathtub.
- Never leave a child unattended near a bucket containing even a small amount of liquid. Toddlers can fall headfirst into buckets and drown since they have a higher center of gravity and tend to be top heavy.
- Consider locking toilets with seat covers.
- Learn CPR.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY ENCOURAGES INDOOR WATER SAFETY" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll recently read an article on CNN's Health blog, The Chart, which reported that between 1990 and 2008, nearly 100,000 children were treated in U.S. emergency rooms after falling out of windows. The numbers come from a research study published in the medical journal Pediatrics. The author of the study stated: "We still are seeing over 5,000 children a year treated in hospital emergency departments across the country for injuries related to window falls.... That's 14 children a day. This continues to be a very common, important problem."

The sex and age of the child made a difference, with boys sustaining more falls from windows than girls. Doctors see the most injuries among 2 year olds, the problem stemming from the fact that young children do not appreciate the risks that come with playing near or climbing out of an open window.

Since toddlers and young children tend to have a higher center of gravity, they are more prone to falling out of a window if leaning over it. As a result, young children often sustain serious injuries to their head or face. Such injuries can lead to catastrophic injury and death. Older children tend to sustain arm and/or leg fractures.

The height of the building does not seem to matter either. Most of the incidents discussed in the study involved homes or apartment buildings, not high-rises.

Here are a few of the article's tips on preventing window injuries:

Parents of children younger than 5:

- Install window guards and/or locks
- Do not open windows more than four inches
- Remove furniture from under windows to prevent climbing

Parents of children older than 5:

- Advise children and teens not to climb out of a window or jump from it; advise them of the risk of injury

Continue reading "PARENT PATROL: CHILDREN AT RISK FOR SEVERE INJURY FROM FALLING FROM WINDOWS" »

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll were very sad to hear the news of the stage collapse tragedy at the Indiana State Fair over the weekend. Many meteorologists have commented on the cause of the stage collapse, since videos of the incident have captured swirls of dust flying across the stage around the time of the collapse. Some meteorologists have opined that the area was struck by a "gustnado," which is a short burst of wind that can happen in open fields before a thunderstorm. The winds at the Indiana fairgrounds on the night of the incident were estimated around 60-70 mph. Experts are not, however, convinced that the "gustnado" caused the incident. In fact, WBBM's Steve Miller reported that "a Chicago architect says even gusts that high shouldn't have been enough to cause the stage to fall." The same Chicago architect evaluated the photo and video images of the collapse and could not see lateral supports for the stage, with the evidence pointing to improper building and support of the stage as a cause of the incident. Five people were killed in the incident, including a Chicago woman, and more than 40 others were hurt. Structural engineers at Thornton Tomasetti, Inc., are officially investigating the cause of the incident.

Continue reading "CAUSE OF INDIANA STAGE COLLAPSE TO BE INVESTIGATED BY STRUCTURAL ENGINEERS" »

Fourth of July and fireworks may seem to go hand-in-hand, but the hard truth is that fireworks are dangerous and can be deadly. A recent statement by the Consumer Product Safety Commission (CPSC) hits home:

Consumers need to heed our warning: fireworks related incidents, especially those involving illegal fireworks, can be fatal," said CPSC Chairman Inez Tenenbaum. "Only use legal fireworks and follow CPSC's tips to ensure your holiday remains festive and safe.

The attorneys and staff at the Law Offices of Jeffrey J. Kroll wish everyone a safe and fun Fourth of July weekend. Parents should not allow children to play with or light fireworks under any circumstances. According to the CDC, a third of individuals injured by fireworks are under the age of 15. Even sparklers pose a danger, since they burn at temperatures near 2,000 degrees. Never allow a small child to use sparklers unattended.

Here are some additional safety tips from the CPSC:

Avoid buying fireworks that are packaged in brown paper because this is often a sign that the fireworks were made for professional displays and that they could pose a danger to consumers.

Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.

Never try to re-light or pick up fireworks that have not ignited fully.

Never point or throw fireworks at another person.

Keep a bucket of water or a garden hose handy in case of fire or other mishap.

Light fireworks one at a time, then move back quickly.

Never carry fireworks in a pocket or shoot them off in metal or glass containers.

After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.

Make sure fireworks are legal in your area before buying or using them.

Continue reading "FIREWORKS CAN BE FATAL" »

"School bullies and children who are disruptive in class are twice as likely to show signs of sleep problems compared with well-behaved children, new research shows." Parker-Pope, The School Bully is Sleepy, June 2, 2011.

Over three hundred Michigan elementary school children were recently studied by way of collecting data on their sleep habits and behavioral issues via parents and teachers. The study, published in the journal Sleep Medicine, revealed "an association between sleep problems and bad behavior." As a parent, I am well aware of this connection. Ms. Parker-Pope of the New York Times' Health Blog, Well, reported that "other research has also found an association between behavioral problems and sleep apnea, a sleep disorder characterized by snoring and gasping for breath."

The Illinois school liability attorneys at the Law Offices of Jeffrey J. Kroll have experience representing students that have been bullied, harassed, hazed or otherwise physically or emotionally injured. We have represented a number of students that have been victims of bullying or hazing.

We know the physical and emotional damages that students suffer as a result of bullying or hazing. This conduct must be stopped.

It's getting hot here in Chicago. No doubt, many are anxious to get to a swimming pool to cool off. While swimming pools are fun, they can also present dangers and cause injuries when the pool is not properly cared for or when children are not properly supervised. Pool injuries can result in drowning injuries, severe head and neck injuries and traumatic brain injuries, which can cause life-long neurological damage.

According to the Center for Disease Control:

Children ages 1 to 4 have the highest drowning rates. In 2007, among children 1 to 4 years old who died from an unintentional injury, almost 30% died from drowning. Fatal drowning remains the second-leading cause of unintentional injury-related death for children ages 1 to 14 years.

Premise liability law generally governs swimming pool injuries. The swimming pool owner owes their invitees a legal duty to protect against both obvious and latent risks that may cause injuries in and around a pool. Wet decks or other surfaces should be maintained to prevent slips and falls. No diving should be permitted in shallow depths. Random slips and diving injuries could cause life-long catastrophic injuries in a matter of seconds.

Continue reading "SWIMMING POOL INJURIES AND LIABILITY" »

This time of year, graduation parties monopolize the social calendars of practically every Illinois teenager. Over the past two weeks, this blog has discussed various legal issues surrounding underage drinking in Illinois.

This discussion would not be complete without a look at The Drug or Alcohol Impaired Minor Responsibility Act, 740 ILCS 58/5 (2004), which imposes civil liability against “any person at least 18 years of age who willfully supplies alcoholic liquor or illegal drugs to a person under 18 years of age", impairing the minor, and causing injury or death. Specifically, the Act provides a cause of action for victims and/or their family members against anyone:

(i) who, by willfully selling, giving, or delivering alcoholic liquor or illegal drugs, causes or contributes to the impairment of the person under the age of 18; or

(ii) who, by willfully permitting consumption of alcoholic liquor or illegal drugs on non-residential premises owned or controlled by the person over the age of 18, causes or contributes to the impairment of the person under the age of 18.

740 ILCS 58/5 (2011). This means that any adult, who provides alcohol or drugs to a minor, who then becomes impaired, gets into a car and causes a collision which injures or kills the minor or anyone else, can be found liable under the Act.

The damages available under the Act are comprehensive, and include:

(1) economic damages, such as the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury and any other pecuniary loss proximately caused by the impairment of the person under the age of 18;

(2) non-economic damages, such as physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other non-pecuniary losses proximately caused by the impairment of the person under the age of 18;

(3) reasonable attorneys' fees;

(4) costs of suit, including, but not limited to, reasonable expenses for expert testimony; and

(5) punitive damages, if applicable.

740 ILCS 58/10 (2011).

The Act imposes a 2-year statute of limitation, which is the time period in which a victim or the family may file suit. As with any case involving injury or death, it is critical to contact a personal injury attorney as soon as possible after suffering a catastrophic event so as not to be barred by the statute of limitations.

Continue reading "SOCIAL HOST LIABILITY AND UNDERAGE DRINKING EXPLAINED (Part 2 of 2)" »

Chicago Accident and Injury Lawyer Blog recently discussed the Illinois Supreme Court case of Bell v. Hutsell, 2011 Ill. LEXIS 777 (2011), which failed to find Deerfield parents, who permitted underage drinking at their home, civilly liable for the death of an 18-year-old, who died in a car crash after leaving a party at their home. While the ruling may seem counterintuitive, especially with graduation season upon us, there should be no confusion that underage drinking is not legal, whether supervised by adult or not.

In terms of civil liability, Illinois does not provide a common law cause of action for injuries arising out of the sale or gift of alcohol to minors or those of legal drinking age. Instead, the Illinois Dram Shop Act, 235 ILCS 5/6-21, provides the only recourse in this area.

In fact, as unjust as it may seem, social host liability does not exists in Illinois under the common law or the Dram Shop Act. Legislative preemption in the field of alcohol-related liability extends to social hosts who provide alcoholic beverages to another person, whether that person is an adult, an underage person, or a minor. Charles v. Seigfried, 165 Ill. 2d 482, 651 N.E.2d 154 (1995) (plaintiffs had no cause of action against their social hosts, as the Dramshop Act does not provide for one). The rationale underlying the rule is that the drinking of the intoxicant, not the furnishing of it, is the proximate cause of the intoxication and the resulting injury. Id. at 486. The Charles court maintained: “As a matter of public policy, the furnishing of alcoholic beverages is considered as too remote to serve as the proximate cause of the injury.” Id.

There are theories of recovery that avoid preemption, however. For example, in Wakulich v. Mraz, 203 Ill. 2d 223, 785 N.E.2d 843 (2003), plaintiff alleged that two brothers provided alcohol to her 16-year-old daughter, Elizabeth, who became intoxicated, lost consciousness, and subsequently died. After consuming an entire bottle of alcohol, Elizabeth began "vomiting profusely and making gurgling sounds." 203 Ill. 2d at 227. The brothers removed her soiled blouse and placed a pillow under her head to prevent aspiration, but refused to drive her home or contact her parents, and "actually prevented other individuals at the home from calling 911 or seeking other medical intervention." Id. Elizabeth died the following day, after the brothers' father allegedly ordered them to remove her from the house. Id.

While the Wakulich Court maintained that defendants' liability was not contingent upon their status as social hosts, the Court found significant the allegations that defendants undertook to care for plaintiff's daughter, and thus were obligated to exercise due care in the performance of that undertaking. Id. at 242.

There is a "general proposition" that "where *** a host merely permits an intoxicated guest to 'sleep it off' on the host's floor, the host does not thereby assume an open-ended duty to care for the guest and assess the guest's medical condition." Id. at 243. However, the Wakulich defendants had done more, assuming a duty to Elizabeth, pursuant to Restatement (Second) of Torts §324, by their affirmative actions, taking "complete and exclusive charge of Elizabeth's care after she became unconscious." Id.

Last month, the Chicago Tribune reported on the dangers associated with the newest fad coming our way, trampoline parks. The Tribune reported that "16 ambulances have been dispatched for trauma ranging from broken ankles and dislocated shoulders to a head injury" at a trampoline facility in Carol Stream called Xtreme Trampolines. In response, the Niles Village Board approved an ordinance that requires trampoline centers "to have a Niles business license and follow a minimum set of requirements to protect the safety of those who use the service.” (Niles had been designated as the location for a new trampoline park.)

According to the Tribune, the "American Academy of Pediatrics … recommends against the use of trampolines other than in a supervised setting, such as in a gymnastics facility. It also warns against using trampolines as toys in the backyard and allowing children younger than 6 to participate."

Patrons of trampoline parks are typically required to sign waivers that release the owners of the park from liability. Many patrons do not understand the consequences of these waivers, and their enforceable-ability in court. While a release may not completely bar recovery, the best way to ensure your rights is to not sign the release in the first place.

These waivers, which Illinois law often recognizes as exculpatory agreements, were discussed in the 2010 case, Oelze v. Score Sports Venture, LLC, 401 Ill. App. 3d 110 (1st Dist. 2010). There, plaintiff filed an action for negligence and wanton and willful conduct after sustaining an injury while playing tennis at defendant's tennis club when she caught her foot in a rope ladder hidden behind a curtain. The trial court dismissed plaintiff's negligence count since plaintiff had previously signed a membership agreement which contained a statement releasing defendant from liability for any injuries that plaintiff might suffer while using defendant's equipment and facilities. The court also granted summary judgment to defendant on plaintiff's willful and wanton misconduct count.

In Illinois, it is legal for a party to enter into an exculpatory agreement (or release) to avoid liability for its own negligence so long the party does not use fraud to induce execution of the agreement and the agreement puts the signing party on notice of the range of dangers for which he/she will assumes the risk of injury. Id. at 117.

The signing party has a general duty to read documents before she signs them, and a failure to do so will not render the document invalid. Id.

In the Oelze case, the First District Appellate Court found no fault with defendant's exculpatory agreement, holding that the trial court properly dismissed plaintiff's negligence count against the defendant. However, the Court reversed the trial court on the issue of wanton and willful conduct because there was a question of fact regarding whether plaintiff's injury was the result of defendant's failure to exercise ordinary care to discover the ladder and prevent the danger it posed or was merely a result of defendant's inattentiveness.

Continue reading "TRAMPOLINE PARKS: MORE DANGER THAN FUN?" »

Can children sue their parents for injuries suffered due to a parent’s negligence? Almost 20 years ago, the Illinois Supreme Court discussed this issue at length in Cates v. Cates, 156 Ill. 2d 76 (1993). There, a four-year-old plaintiff was a passenger in an automobile driven by her noncustodial father when she was seriously injured as the result of a collision. Her mother, who was not in the car at the time of the incident, filed a lawsuit against the other driver as well as the father on the minor’s behalf. The father filed a motion for summary judgment, arguing that the parental immunity doctrine prohibited the minor’s negligence claim against him.

The Illinois Supreme Court found that the negligent operation of an automobile is not conduct inherent to the parent-child relationship since such conduct does not represent a parent’s decision-making in disciplining, supervising or caring for the child. 156 Ill. 2d at 106. This parental immunity doctrine extends to foster parents, but not corporate entities and their employees, such as residential child care facilities. See, i.e., Wallace v. Smyth, 203 Ill. 2d 441, 452 (2002). What about others who stand in the place of a parent or in loco parentis? Aren't grandparents, teachers, babysitters, daycare centers, etc., often charged with a parent's rights, duties and responsibilities for a child when the parent is absent? As is common in the law, it depends.

To broaden the scope of the parent-child immunity doctrine to include all those who act in loco parentis clearly does not serve the best interest of the child. Only the legislature may provide parental immunity to individuals who are not parents or foster parents. For example, the Illinois School Code grants educational employees, such as teachers, the same immunity enjoyed by parents. That immunity however does not extend to private day-care centers, nursery schools or kindergartens governed by the Child Care Act. Possekel v. O'Donnell, 51 Ill. App. 3d 313 (1st Dist. 1977). As for grandparents, they have a duty to protect their grandchild from harm. Ryan v. Yarbrough, 355 Ill. App. 3d 342 (2d Dist. 2005) (a grandparent is normally not deemed a person "in loco parentis"); see also, Gulledge v. Gulledge, 51 Ill. App. 3d 972 (4th Dist. 1977) (finding that grandparents and other relatives having temporary care and custody of a minor grandchild are liable to the minor for injuries sustained by the minor as a result of the grandparents' ordinary negligence). As for everyone else, Cates is clear: "where the family relationship is dissolved or where the relationship has ceased to exist with respect to conduct giving rise to the injury, the immunity will not be applied." 156 Ill. 2d at 99. Thus, the application of the parent-child immunity doctrine depends upon more than the performance of so-called parental responsibilities. 203 Ill. 2d at 451.

Continue reading "MODERN FAMILY: SUING MOM AND DAD" »

Before we know it, wintry weather will be arriving in Chicagoland and unfortunately, people will begin to slip and fall on the ice and snow. As a personal injury attorney in Chicago where we get our fair share of ice and snow, my advice to private, public and commercial property owners is to shovel your snow and put down salt to avoid icy conditions! Take precautions to avoid injuries. As a slip and fall attorney, I have seen some nasty injuries resulting from falls, including shattered kneecaps and fractured bones. Please be careful out there!

Unfortunately, the Illinois Supreme Court issued an opinion that allows property owners to skirt liability for failing to remove natural accumulations of ice and snow. The "natural accumulation rule" or "Massachusetts rule" (which has been disposed of in Massachusetts) should be done away with in Illinois. In 2010, we are equipped with the supplies necessary to take the reasonable steps necessary to rid our sidewalks, parking lots and steps with dangerous snow and ice. The Supreme Court of Rhode Island stated:

‘We believe that today a landlord, armed with an ample supply of salt, sand, scrapers, shovels and even perhaps a snow blower, can acquit himself quite admirably as he takes to the common passageways to do battle with the fallen snow, the sun-melted snow now turned to ice, or the frozen rain. We fail to see the rationale for a rule which grants a seasonal exemption from liability to a landlord because he has failed to take adequate precautions against the hazards that can arise from the presence of unshoveled snow or unsanded or salt-free ice found in the areas of his responsibility but yet hold him liable on a year round basis for other types of defects attributable to the workings of mother nature in the very same portions of his property.’ Fuller v. Housing Auth. of Providence, 108 R.I. 770, 773, 279 A.2d 438 (1971).”

The injuries resulting from slippery wintry conditions are serious. I strongly agree with the well-written dissent by Justice Freeman in Krywin v. The Chicago Transit Authority. Justice Freeman emphasizes that the "reasonable care standard" does not impose any “special burdens” on property owners. Under the reasonable care standard, it is for the finder of fact to determine“what snow and ice removal efforts are reasonable in light of the expense they impose on the landowner and the probability and seriousness of the foreseeable harm to others.” Papadopoulos v. Target Corporation, 457 Mass. 368, 384 (2010), 930 N.E.2d at 154. The snow removal “reasonably expected of a property owner will depend on the amount of foot traffic to be anticipated on the property, the magnitude of the risk reasonably feared, and the burden and expense of snow and ice removal. Papadopoulos, 457 Mass. at 384, 930 N.E.2d at 154.

As a Chicago attorney who handles slip and fall cases involving serious injuries, I was pleased with the recent opinion from the Illinois Appellate Court in Alqadhi v. Standard Parking, Inc., et al. No. 1-08-3554. The plaintiff's premises liability complaint alleged she tripped and fell over raised concrete while leaving defendant's parking garage and suffered injury to her knees. Plaintiff contends that defendant failed to mark a 3/4-inch rise in concrete of a wheelchair-accessible ramp near the second-floor to defendant's garage.

Defendants argued that there was no foreseeable risk created by the raised concrete and that the condition was open and obvious. Plaintiff testified that the raised concrete created an optical illusion of a flat walking surface because it was a new building and the concrete had not been painted yellow yet. Plaintiff's expert found that the "lack of contract between the surface of the parking lot and the curb ramp... disguised the abrupt change in vertical elevation between the parking level and those surfaces.. and was not obvious."

Defendant brought a motion for summary judgment, which the circuit court granted on the basis that the concrete's condition was open and obvious. The Plaintiff appealed the court's order and the case has been remanded back the circuit court because the appellate court disagreed with the court's finding that the concrete's condition was open and obvious.

Ultimately, it should be up to the members of the jury to decide whether the parking garage is liable for this plaintiff's injuries. Fortunately, this woman will have her day in court.

Investigators in Wisconsin have determined that operator error was to blame for a horrific occurrence that took place at the Wisconsin Dells amusement park last week. the incident left a young girl critically injured. Investigators have determined that a net used to break a one hundred foot fall on the Terminal Velocity ride at Extreme World was not in place when a 12 year-old girl, Teagan Marti, of Parkland, Florida, was dropped on the area platform on Friday. The district attorney is currently reviewing that case.

Jeffrey J. Kroll believes that amusement parks should be a fun and safe place for adults and children. When the negligence of an operator of an amusement park ride causes injury to a patron, the amusement park should be held accountable. The Law Offices of Jeffrey J. Kroll is experienced in handling a wide variety of personal injury and wrongful death lawsuits, including the issues involved in lawsuits involving amusement park safety. Jeffrey J. Kroll has obtained numerous verdicts and settlements on behalf of clients injured by the negligence of others.

For the first time ever, the American Academy of Pediatrics (AAP) finds that small children ages one to four may benefit from taking formal swim lessons. In the past, the AAP has discouraged parents from enrolling children under four in lessons for fear that parents would fail to properly supervise a child who had formally learned some swimming skills. The AAP suggests that parents decide whether or not their young child is ready for formal lessons.

Even children with advanced swimming skills can have accidents in pools, lakes or other bodies of water. It is essential for parents to closely supervise children any time they are around water. The AAP recommends that adults learn CPR and that pool owners always install a four-sided fence around their pool. See my blog from earlier this week for information about the new federal pool safety requirements.

AAP's website offers the following additional water-safety advice for parents:

- Never leave small children alone in bathtubs, pools or any other open body of water. Even looking away for a moment could prove devastating.

- Do not put your child in inflatable arm bands, or any other air-filled floating device. Use life jackets instead. Air-filled devices can deflate.

- Always put children in life jackets when riding in a boat.

- Know the water's depth and check for any underwater hazards before allowing children to jump into the water.

- When swimming in open bodies of water, select sites monitored by lifeguards.

- Parents must inform teens about the increased risk of drowning when drinking alcohol.

Public pools across America are opening for the summer season. There are new safety regulations for pools required by federal law. The Virginia Graeme Baker Pool and Spa Safety Act mandates specific pool safety requirements, such as, drain covers and a second anti-entrapment system that meets the new regulations. The anti-entrapment system must be installed in pools with a single main drain. The regulations affect all commercial pools, including, hotels, community centers and recreational facilities.

On a beautiful day like today, there is nothing better than being outside with your family, visiting a park or a playground. Of course, you must try to keep an eye out for safety hazards that could lead to serious injuries or death. The Center for Disease Control and Prevention reports that each year in the U.S., emergency departments treat more than 200,000 children ages 14 and younger for playground-related injuries.

Safe Kids USA provides the following playground safety tips:

- Avoid playgrounds with asphalt, concrete, grass, dirt and soil surfaces under the equipment. Instead, visit playgrounds with sand, gravel, wood chips, mulch or shredded rubber under playground equipment.

- If there are any hazards in a public or backyard playground, report or fix them immediately and do not allow children to use the equipment until it is safe.

- Prevent unsafe behaviors like pushing, shoving, crowding and inappropriate use of equipment.

- Ensure that children use age-appropriate equipment.

- Remove hoods and neck drawstrings from children’s outerwear. Never allow children to wear helmets, necklaces, purses, scarves or clothing with drawstrings while on playgrounds.

If you or someone you know was injuried at a playground due to the negligence of another, please fill out the consultation form or call us at (312) 676-7222. The attorneys at the Law Offices of Jeffrey J. Kroll will consider your particular situation and help you decide whether to file a personal injury.

Spring is a great time to make sure that your windows and doors are safe and secure, especially to prevent injuries to the little ones in your household. Falls from open windows occur more often in the spring and summer; however, if you carefully supervise children and install window guards, you can prevent such devastating falls.

Safe Kids USA provides the following tips for preventing falls from windows:

• Install window guards with an emergency quick release in case of fires.
• Install window stops so windows cannot be opened more than 4 inches.
• Keep all windows closed and locked when not in use.
• Never put any furniture under a window -- take measures to prevent kids from climbing up onto window ledges.
• Don't rely on window screens to prevent falls.
• Always supervise children around open windows.

Falls can occur even from first-story windows. Please take the time this weekend to make sure that your windows are safe.

Spinal cord trauma, paralysis, concussion, traumatic brain injury, headaches and head trauma are all types of injuries caused by cheerleading accidents listed in the National Center for Catastrophic Sport Injury Data Tables. The data was collected between the Fall of 1982 and the Spring of 1998 and contains summaries of the injuries. While the report contains many guidelines and suggestions for improving cheerleading safety, the sad statistic is that cheerleading injuries resulting in hospital emergency room visits have increased to nearly 30,000 in 2008, which is almost six times the number of injuries in 1980, according to the Chicago Tribune who cited a report by the U.S. Consumer Product Safety Commission.

Continue reading "CHEERLEADING INJURIES ON THE RISE: CHICAGO SPORTS INJURY ATTORNEY URGES IMPROVEMENTS IN SAFETY MEASURES AND TRAINING" »

Many of us pass through automatic doors in our daily lives, trusting that store owners and contractors have inspected and maintained these doors properly. Automatic doors can injure individuals when they open too widely or operate too quickly. A body part, such as, an arm or a hand may get crushed in the malfunctioning door. Sadly, those people who often require the use of automatic doors, including the elderly and persons with disabilities, are often victims of faulty doors.

Typically, businesses install three main types of automatic pedestrian doors: swinging, sliding and/or folding doors. National standards define and govern the guidelines for installing and maintaining such doors and their sensing devices. The American Academy of Automatic Doors (AAADM) recommends that automatic pedestrian doors be inspected annually by an AAADM certified inspector and that the doors be checked daily by premises owners. Unfortunately, many businesses fail to properly check and inspect automatic doors.

Continue reading "INJURIES CAUSED BY A MALFUNCTIONING AUTOMATIC DOOR" »

Recently in Omaha, Nebraska, three workers were hurt while working in a construction boom lift on the Creighton University campus. The workers from Midwest Glass and Glazing, suffered electrical shocks after their lift came in contact with a live and downed power line. One of the workers suffered severe burns and was taken to the hospital, but is expected to survive.

Continue reading "THREE WORKERS WERE INJURED IN A BOOM LIFT ACCIDENT" »

For one family in Winston-Salem, North Carolina the unthinkable occurred. Their six-year old girl was found unresponsive in the deep end of the Kimberly Park Pool. She was at the pool with the Salvation Army Boys and Girls Club. Reportedly, there were eight lifeguards on duty at the time of the incident.

The victim’s grandfather, commented that the accident was preventable, stating, “if you have eight lifeguards on each end of the pool, somebody should have taken responsibility if the child was in the pool or not.”

With the summer temperatures escalating, the need for pool and water safety should also be on the rise. This holiday weekend, be safe at the pool and the beach!

If you or a loved one has suffered due to the negligence of others, please consult with the Law Offices of Jeffrey J. Kroll at jeff@kroll-lawfirm.com or dial (312)-676-7222.

Continue reading "DAY AT THE POOL DEADLY FOR LITTLE GIRL" »

A man working at a scrap metal business on the Southwest Side of Chicago was was killed Tuesday after being struck by a Bobcat. A Bobcat is a heavy-duty machine that can be used as a forklift, loader or excavator. Police said the the man was possibly struck by a heavy piece of equipment believed to be a forklift. The man was struck by the piece of equipment about 2:40 p.m. on June 16, 2009.

A Yellow Pages online directory listed "A Metals Scrap Inc." as the business located at 3200 S. Kedzie Ave.

As a Chicago personal injury attorney, I have been involved in a number of heavy equipment cases involving wrongful death and injury. Prior to moving the Bobcat or the equipment attached to the Bobcat, such as the forks or bucket, the operator must ensure that there is no one surrounding the vehicle to ensure safety on the jobsite.

Golf season is upon us. Like all sports, care and caution should be used to prevent injury. Sadly, over the weekend, a 78-year-old Gold Coast woman died after being struck by a golf cart at Idlewild Country Club, 19201 Dixie Hwy. in Flossmoor. An autopsy scheduled for today will reveal if the injuries she sustained caused her death.

The decedent was an avid golfer and well-known commercial real estate broker at Rubloff Residential Properties who focused on high-end residential properties on the Gold Coast and in Old Town and Lincoln Park.

Flossmoor police said Cook County sheriff's police were investigating and would only say that the incident happened in the afternoon on Sunday.

Continue reading "CHICAGO WOMAN DIES AFTER BEING STRUCK BY A GOLF CART AT A FLOSSMOOR COUNTRY CLUB" »

A 19-year old man from Chicago's suburbs died early Saturday after falling down an elevator shaft at an apartment building in Ames, Iowa. The incident occurred at 12:30 a.m. Legends American Grill is located on the seventh floor of the building.

Ames police said the man was a graduate of Hinsdale South High School and was visiting friends at the time of the accident. This was certainly a tragic occurrence for a young man who had his whole life ahead of him.

The incident occurred at Legacy Tower, which is located just south of the Iowa State University campus at 119 Stanton Ave. The building is seven stories high.

Throughout my career as an attorney, I have seen injuries and wrongful deaths in elevators caused by poor maintenance and defective products. Often, there is a cause of action against building owners for failure to have the necessary maintenance performed on elevators. Elevator manufacturers, maintenance providers and other entities or individuals may also be liable.

Continue reading "DEADLY FALL IN ELEVATOR SHAFT FOR HINSDALE MAN " »

A 2-year-old boy was seriously hurt after falling from a second-floor window of a Northwest Side residence. The incident happened about 5:45 p.m. in the 3600 block of West Shakespeare Avenue in the Logan Square neighborhood. Apparently, the boy was looking out the window at his father, who had just arrived home, when the window's screen gave way. Police said the boy fell out of the window onto some dirt.

Hours earlier in the Mayfair neighborhood, a 4-year-old boy fell from a window in the 4600 block of North Kenton Avenue. "He might have been playing near [the window]," said Police Officer JoAnn Taylor.

Police said the 4-year-old suffered skull and wrist fractures, and there were other people inside the apartment when the incident occurred. The boy was found crying by either a family member or family friend on the patio after the fall, police said.

I recently posted a blog on hidden hazards for children in the home and windows were part of my discussion. A screen will not hold back a child from falling. Consider placement of furniture and installation of window guards to prevent a similar tragedy.

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.

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" »

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.

With the warmer temperatures and sunnier days, many homeowners are starting to work on their gardens and spruce up their lawns. Unfortunately, with the annual rush to get yards in shape too often, there is also a rush... a rush to the emergency room to treat an injury. In 2007, there were 78,773 injuries treated in U.S. hospital emergency rooms for the use of lawnmowers. Chainsaws accounted for 26,669 injuries. Even the handheld trimmers and small powered garden tools accounted for close to 20,000 emergency room visits. Therefore, homeowners need to be careful. The tools and equipments used to make lawn care maintenance easier can be hazardous when not used safely. These products all require special care.

The Consumer Products Safety Commission offers safety tips for the use of outdoor power tools and equipment. For example, here are some of the tips they recommend:

1. Never allow young children to operate or play on powered equipment;

2. Always turn off the machine before leaving it unattended;

3. Always turn off the machine when refueling;

4. Always turn off the machine when clearing debris from in or around the machine;

5. Use caution when refueling. Ensure the fuel is kept in an appropriate, child-resistant container.

6. When using a ride-on lawnmower, mow up and down slopes and not across the slopes. This will help prevent tip-overs.

7. Eye and hand protection are essential to safeguard against stones, sticks and other flying debris.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY WISHES YOU A HAPPY EARTH DAY WITH TIPS FOR SAFE YARD CARE" »

A Naperville couple sat in their vehicle in the parking lot of a McDonald’s restaurant in Arizona when the golden arches toppled off their pedestal, severely injuring both of them. The retired husband and wife were enjoying their winter in Arizona and were on their way back home to Naperville, Illinois when the golden arches toppled onto their vehicle, crushing their Chevy Trailblazer. The husband and wife were both injured. The husband suffered a laceration to his head and is in fair condition. Unfortunately, his wife suffered a fractured spinal column and sternum and was in critical condition.

There is no doubt that an investigation will ensue. Questions will arise as to whether the golden arches were properly secured. What, if anything, did McDonald’s do to ensure that the arches were properly attached to the pedestal, even in situations involving heavy winds. There could be an issue as to whether or not the McDonald’s was aware that the high winds were gusting across the reservation for the past two or three weeks and what, if anything, did they do to stabilize or mobilize the golden arches. Inevitably, there will be issues as to the corporate entity and what will they do to ensure that the “golden arches” are secure throughout this country.

Continue reading "MCDONALD'S GOLDEN ARCHES CAUSES FAMILY TRAGEDY" »

I remember watching the news and learning of the tragic death of actress, Natasha Richardson. After hearing of her death, I kept asking myself the same question: do all head injuries need medical attention, even ones that seem minor?

In most cases, it is pretty clear when someone needs medical attention after a head injury. They are often confused, they are extremely agitated. They may be dizzy. Some could have even been unresponsive. The scarier scenario is what doctors call the “talk and die” scenario, where someone seems fine, only to die hours or days later. The "talk and die" scenario occurs with various kinds of brain injuries. In the case of epidermal hematomas, blood pools in the area between the lining of the brain and the skull. This fluid continues to build up in a contained space, creating pressure. In that scenario, essentially, something has to give. Unfortunately, it turns out to be the brain. If you do not get that person to the hospital immediately to have the appropriate surgery to drain the fluid, it will most likely be fatal. So what should be done for someone suffering from a head injury?

1. Look for dizziness, vomiting, confusion or headaches. If an injured person has one of these signs, take them to the emergency room.

2. Look for changes in the person’s behavior. If a person suddenly becomes sleepy within the first 8 to 12 hours following trauma to the head, it may mean that parts of the brain responsible for staying awake are experiencing pressure from a bleed.

3. Vigilance. Keep an eye on someone that has hit their head. This is especially true even if they have not lost consciousness.

4. Be on alert if someone has been drinking, is elderly or young. It could be difficult to distinguish brain-injured behavior from drunken behavior. Similarly, you need to be extra vigilant when dealing with an elderly person or young athletes.

5. Go to an emergency room. You want to go to a trauma center that has a neurosurgeon present or on call. One can find this out by looking on the map from the American Trauma Society.

When in doubt, err on the side of being conservative and seek treatment.

Continue reading "CHICAGO ACCIDENT LAWYER ANSWERS THE QUESTION: WHEN SHOULD YOU GO TO THE EMERGENCY ROOM " »