Illinois Injury Law Blog

Macy's Inc. has agreed to pay a civil penalty totaling $750,000 for failing to report immediately that children's clothing containing drawstrings was sold in department stores according to U.S. Consumer Product Safety Commission. This announcement follows one made earlier this month in which CPSC issued a new drawstring safety rule for children's outwear; instances of strangulation are being reported for clothing containing drawstrings in the waist and neck.

Toys and clothing that present a hazard or cause injuries to children in Illinois and elsewhere must be reported to the CPSC. Chicago injury lawyers want to remind consumers that not only are manufacturers responsible for producing safe products but retailers who sell the products have a responsibility to report goods sold once a recall has been announced.

In this case, Macy's Inc. knowingly failed to report that it had sold children's outerwear (jackets, sweaters and sweatshirts) containing drawstrings between 2006 and 2010 after obtaining information that a hazard existed. Drawstrings found in the neck or waste of certain outwear clothing poses a potential danger for strangulation in small children who wear them.

Manufacturers, distributors and retailers are required by federal law to report any defects within 24 hours of learning that a product contains a defect, presents a risk of injury or death, or fails to meet federal standards or consumer product safety rules and regulations or bans enforced by CPSC.

Children's upper outwear in sizes 2T through 12 which contain neck or hood drawstrings are deemed hazardous. Certain waist or bottom drawstring garments are also deemed as dangerous in upper outwear sizes 2T through 16. There have been 26 reported child deaths caused by a garment's drawstring getting caught in school bus doors, playground slides or other objects. There have been several more dragging incidents reported when a child's waist and bottom drawstring got entangled with a car door or other car part.

In 2006, CPSC began announcing recalls for the following children's garments with drawstrings
:
-C-MRK Inc. Ocean Current boys' hooded sweatshirts

-Dysfunctional Clothing LLC children's hooded sweatshirts

-Jerry Leigh of California Inc. Harajuku Lovers Hooded Jackets

-La Jolla Sport USA Inc. O'Neill children's sweatshirts

-Macy's Merchandising Group Inc. Epic Threads hooded sweatshirts and Greendog sweaters

-NTD Apparel Inc. Hello Kitty hooded sweatshirts

-Quicksilver Inc. Hide & Seek hooded sweatshirts

-S. Rothschild & Co Inc. girls' coats

-VF Contemporary Brands Inc. Splendid girls' hooded jackets and vest sets

If you have reason to believe a product is hazardous or want to report an injury caused by a defective product, contact CPSC's Hotline at 1-800-638-2772 or visit online at SaferProducts.gov.

Continue reading " Hazards of Drawstrings and Cords Lead to High Risk of Child Strangulation in Chicago " »

An autopsy performed on an 86-year-old nursing home resident indicated that the woman was assaulted by another patient and her death was ruled a homicide reports the Chicago Sun Times.

The senior citizen had been a resident at Maryhaven Nursing and Rehabilitation Center for many years before being assaulted. She died from craniocerebral brain injuries which could not be recovered from a week later at St. Francis Hospital in Evanston where she was pronounced dead.

Preliminary reports indicated the nursing home resident had fallen but the autopsy proved she died from assault at the Illinois nursing home facility.

Episodes of assault, abuse and neglect are not all that uncommon as Illinois nursing homes have a long history of accepting felons and mentally ill patients into their facilities. Chicago nursing home abuse attorneys know this can lead to serious injury or death of a resident at a nursing home. If you suspect your loved one is being abused, neglected or assaulted contact a legal professional immediately to discuss what course of action can be taken to put a stop to the behavior.

An article from Chicago Tribune gives several other examples of inappropriate behavior that have occurred at nursing homes:

-An elderly woman was raped by a 21-year-old ex-convict suffering from acute psychiatric illness.

-A gang member slashed the throat of a blind senior citizen resident living at the same facility.

-A disabled man in a wheelchair is beaten to death so badly by a female with mental illness and a history of drug use and prostitution that he looks like a baseball bat was taken to his head causing severe head trauma and life-ending consequences.

Illinois is one of the few states that accept mentally ill patients who have committed a crime into nursing home facilities straight out of jail cells, psychiatric wards or shelters. In 2009, over 92,000 residents resided in Illinois nursing homes and over 15 percent of those residents were mentally ill patients. Nearly 3,000 nursing home residents have been convicted of a crime which includes murderers, armed robbers and sex offenders.

Co-mixing felons with senior citizens who need to be in a nursing home for nursing care is abominable. Part of the problem is that state officials don't track incidents so keeping a beat on how much crime is occurring in the home is difficult. Operators at nursing homes claim that given the number of hours of provided healthcare given to residents, the number of misconduct cases seems minimal and not worth keeping track of.

What can you do? The first step to picking a safe and responsible nursing home for your loved one is to research and do your homework. Make an appointment at several facilities and keep your eyes open for red flags while you tour each institution. Ask several questions of the director. For example, what is the homes emergency care process, what background checks are done on residents and staff for previous criminal conduct, how many nurses and caretakers are on staff?

Nursing home facilities have a responsibility to protect their residents from any kind of harm, including abuse and neglect. If you suspect abuse or neglect at a nursing home facility, contact your local Long Term Care Sub-State Ombudsman or call the Senior HelpLine at 1-800-252-8966. For more information, visit the Illinois Department on Aging website.

Continue reading " Assault at Glenview Nursing Home Raises Questions for Residents Subject to Abuse in Illinois Facilities " »

The Commercial Vehicle Safety Alliance and the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration have united with the National Organization for Youth Safety for "Teens and Trucks," a program teaching teen drivers the dangers of large trucks and how to stay clear of truck blind spots.

Knowledgeable drivers know that fully loaded tractor trailers need plenty of room to stop -- almost twice as much as normal vehicles. Experienced drivers also know that when tractor trailers can see you, that reduces the risk of Chicago trucking accidents.

Our Illinois injury lawyers know that nearly 4,000 16- to 24-year-olds died between 2005 and 2009 because a crash with a large truck.

"We want everyone to be safe, but as newer drivers, teens must adhere to a few simple rules," said Anne Ferro, administrator of the Federal Motor Carrier Safety Administration. "They are: buckle up, don’t drink and drive; don’t speed, don’t text or use your phone, and steer clear of a truck’s blind spots."

The program offers a great demonstration where students take the driver's seat of a big rig while other students stand in the truck's blind spot.

"They can see just how extensive those blind spots really are, and generally, it's a sobering message for teens who participate in these events," Ferro said.

May through August mark the deadliest days for teens ages 15 to 19. During these four months, almost 16 teens are killed daily, compared with the average of nine deaths per day for the rest of the year.

"Do not expect that having a driver's license is a right that comes without responsibility or risk," said Steve Keppler, executive director of the Commercial Vehicle Safety Alliance. "Be accountable for your actions, spread the word to your friends and parents, and help create a culture of safety. Most importantly, take the driving task seriously. You never know the impact you can have that ultimately could save your life or someone else's."

Six steps to stay safe around large trucks on the road:

-Never cut off large trucks or buses
When passing a bus or truck: use your turn signal, wait for any traffic that is behind you to clear, quickly complete your pass, signal your intention to return to your lane, then only return when you see the front of the truck or bus in your rearview mirror.

-Avoid blind spots
Buses and large trucks have huge blind spots. The best way to avoid an accident is when you can see the truck driver and they see you. Remember to pass large vehicles only on their left-hand side.

-Don't tailgate
Never tailgate any vehicle, particularly a large truck. Rear-ending a large truck could result in your vehicle going under the trailer, causing devastating injuries. Keep a minimum of a three-second following distance between your vehicle and the vehicle in front of you.

-Understand that large trucks and buses make wide turns
Determining the speed of an oncoming large truck or bus is difficult and causes many accidents at intersections. If you are unsure of the speed of an approaching truck or bus, don't turn left into its path or pull into its lane. Because of their overall length, large trucks and buses have a longer turning radius. Often buses and large trucks will use adjacent lanes prior to and after a turn to avoid driving over a curb or sidewalk. Knowing that they do this can prevent accidents. Remember that a large truck or bus making a turn will swing wide in the opposite direction in order to clear the corner.

-Pulling off the road
If you must pull off the road for any reason, go as far off the road to the right as possible. Some of the worst crashes occur when an impaired, distracted or inattentive driver drifts to the right off the road, slamming into the disabled vehicle. Many states, including Illinois, have enacted "move over" laws. These laws require motorists to slow down or move over to protect police, firefighters and maintenance workers during the course of their duties.

-Buckle Up!

Continue reading " Teens Must Avoid Blind Spots to Reduce Their Risk of Chicago Trucking Accidents " »

Our lawyers at VanPopering Law Offices want to wish you and your family a safe and fun Fourth of July holiday weekend.

And for those who will be venturing out onto the roads and highways of our state and in our region, please be careful. As previously reported in the Chicago Car Accident Lawyer Blog, there will be an estimated 39 million drivers out on the roads this holiday weekend.

But others may choose to simply stay close to home. Whether that means spending time in the family swimming pool, heading to the community swimming pool or maybe taking a boat or personal watercraft out on Lake Michigan, injuries can happen anywhere.

Boating accidents: Because boating accidents automatically have the built-in risk of drowning, boat operators must exercise the highest level of care when using a vessel. And because law enforcement marine units often can have a lag time because of how fast they can travel or finding a distressed boater, being cautious is important to staying safe.

According to the Illinois Department of Natural Resources, in 2009 there were 329,032 registered boats statewide. And in that same year, there were 102 accidents, causing 70 injuries and 25 deaths.

The number of deaths was 92 percent higher than the 13 deaths in 2008 and the highest number since 27 people died on Illinois waters in 1996. In 2009, 213 people were cited for operating a boat under the influence of alcohol. And of the 102 accidents, in 11 alcohol was the primary cause.

Swimming accidents: With the summer months here, swimming will no doubt be on the minds of children throughout Illinois. A distant memory are the harsh, brutal cold months and now kids want to enjoy the warm sun.

According to the Centers for Disease Control and Prevention, in 2007 there were 3,443 fatal unintentional drownings nationwide. And children are especially at risk. Children ages 1 to 4 had the highest drowning rates. Almost 30 percent of children in that age range died of drowning.

And while drowning is a big concern, swimming pools can cause other injuries as well. Running along the edge and slipping can cause broken bones, bruising and even head injuries. Near-drowning incidents can cause lifelong brain injuries as well.

Fireworks accidents: While many will show up to watch the fireworks on Lake Michigan this weekend, some people will choose to light fireworks at home. While Chicago Personal Injury Lawyers recommend leaving fireworks up to the professionals, if you choose to light fireworks at home, be careful.

In 2008, the CDC reports, 7,000 people were injured and seven others killed in fireworks accidents. These products can cause severe burning as well as injuries to the eyes, hands, fingers and legs. Don't let young children handle fireworks and keep a safe distance from the fireworks being lit.

Here are some safety tips from The National Council on Fireworks Safety:

Use fireworks outdoors only
Obey local laws
Always have water handy
Use fireworks always as intended
Don't use homemade fireworks
Never relight a "dud" firework
Don't mix alcohol and fireworks
Only allow people over 12 to handle sparklers

Continue reading " Chicago Personal Injury Lawyers Wish You a Safe and Happy Fourth of July " »