Illinois Injury Law Blog

A Chicago woman was killed after she stepped off the elevator in her 12th-floor apartment on Lake Shore Drive, according to the Chicago Tribune. The recent Illinois elevator accident underscored the need for fire sensors in these elevators and more strict safety code enforcement. She was killed as she returned to her apartment. She got to the 12th floor and the elevator doors opened, exposing her to 1,500-degree temperatures from gas and fire fumes. According to Charles Buckman, a 56-year veteran of the elevator industry, an elevator accident like this should never have happened. He says that national engineering code required elevators to come equipped with fire sensors on every floor and in the motor room so that the elevators shut off and return to the bottom floor in the event of an emergency.

“They must not have been fitted with sensors. Or else they got away with murder. Literally,” Buckman told the newspaper.

Our Chicago elevator lawyers understand that elevators and escalators are a part of many peoples' everyday lives. We don't typically think about the safety and maintenance of these devices, but rather assume that they are up to code and safe to ride. Unfortunately, this isn't always the case. Both elevators and escalators have a safety standard they must meet with a long list of safety requirements. When safe-riding conditions of these devices are not met, fatal accidents can result. If you or someone you love has been injured in an escalator or elevator accident, it is critical for you to contact an experienced attorney to help you to fight for the compensation you deserve. Legal representation can help you determine who was at fault in the accident.

The scene of the recent fatal Chicago elevator accident was a 21-story building that was not required to meet the safety codes established in 1975. According to building department spokesman Bill McCaffney, the building was built in the 1950s and therefore was exempt from meeting current safety codes. Had this building met current safety codes, this fatal accident could have been avoided.

The building was scheduled to be brought up to code through an ordinance that would have required the old building to have an alarm system throughout the entire place. This would have triggered the elevators to move to the bottom floor and shut down in the event of an emergency. City officials voted to push back the measure until 2015.

Buckman says even the older buildings throughout the city are supposed to have fire sensors that should cause the elevators to shut off in the event of an emergency. He says the elevator shouldn't have even been running during this accident.

Nine other building residents were injured in this fire.

Continue reading "Fiery Elevator Accident in Illinois Kills Building Resident" »

Imagine sitting in a restaurant and the next thing you know a taxi cab lands inches away from where your table is located. Seems unlikely but alarmingly it happens in Chicago establishments. It just goes to show that patrons who dine out are not immune to a variety of dangers and possible injuries caused by a restaurant-related accident in Chicago or elsewhere.

Patrons at a newly opened restaurant in West Town found themselves in this situation recently but thankfully lived to tell about it. Chicago Sun Times reports the restaurant, with a full wall of storefront plate glass windows, is located on W. Division Street with nothing but a sidewalk between the restaurant and street. A handful of patrons were dining in the establishment around 10:15 a.m. when a taxi cab came crashing through the windows and landed partially inside the restaurant. The taxi cab hit tables and booths where the diners were sitting and injured two people. Local authorities report the cab driver lost control, possibly due to wet pavement, causing the cab to crash through the front windows. One injured patron was taken to Saints Mary and Elizabeth Medical Center, and authorities stated there were two passengers in the cab that may have also been injured.

Illinois personal injury lawyers can only imagine how scary a restaurant-related accident like this is when it occurs without warning and as quickly as the blink of an eye. We can assure you that restaurant and business owners have a responsibility to keep patrons, customers and employees safe. When an injury does occur, negligence or premise liability can often be traced back to the store or restaurant owner. In situations like these, establishment owners should take necessary precautions such as parking stops or protective barriers that keep vehicles from entering a building. A restaurant or store that lacks safety features or preventative measures, especially when lined with windows along the storefront, can lead to serious injuries or death for anyone dining or shopping at the time of an accident.

InsuringMyRestaurant.com offers these potential liabilities that can injure or harm patrons or employees:

-Food contamination through food poisoning or injury from hazardous substances located in the food.

-Property damage as a result of something done by the owner or one of your employees.

-Slip and fall accidents from objects displaced or left obstructing a path or lack of signage displayed to alert customers of a hazardous area on the premises.

-Liquor liability when an intoxicated patron causes property damage or personal injury.

-Assault or violent act either to a worker or patron by another employee or customer.

-Auto-related accidents either from valet service, delivery service, or any other accident that may involve a vehicle.

Patrons should always consider potential dangers before being seated in a restaurant. Look for wet floor signs to avoid a slip accident. Ask to be seated away from a patron you suspect could be intoxicated to avoid violence or an assault incident. Diners may also want to check reviews written for restaurants in your area to make sure there are no reported cases of contamination or food poisoning.

Continue reading "Chicago Restaurant Owners' Negligence Could Result in Injuries to Patrons " »

The U.S. Consumer Product Safety Commission (CPSC) is concerned over the flow rate testing methods of pool and spa drain covers used by some laboratories. Drain covers must meet compliance standards of the Virginia Graeme Baker Pool and Spa Safety Act (P&SS Act).

Strict flow rating standards are essential in preventing deadly drain entrapment.

Our Chicago personal injury lawyers understand the life changing consequences of encountering a defective product. In this case an enjoyable dip in a pool or spa could turn deadly due to a drain entrapment. Illinois winters are tough on pools and spas -- drains are far from the only hazard. Thorough inspections should be conducted as part of your spring start-up process to reduce the risk of serious or fatal injuries.

Drain entrapment occurs when the powerful suction from the filter pulls a swimmers clothing, hair, jewelry, or even a body part against or into the pool drain. The suction is so strong it forms a lock, which holds the swimmer to the drain, making it almost impossible to free the swimmer. Small children have been disemboweled when they have sat on drains.

Over 17,000 pages of data are being reviewed by CPSC from three of the laboratories that test pool and spa drain covers. The info they are looking at pertains to the testing procedures done on the drain covers, what cover types were tested and the test results.

CPSC is attempting to alert the public by Memorial Day weekend on the type of drain covers that were improperly tested.

Before opening up your pool or spa this season contact your pool/spa manufacturer and determine the type of drain cover you have. Single main drain systems, common with wading pools and shallow kiddie pools, are the type of systems that most run the risk of a potential drain entrapment hazard.

Several years ago the P&SS Act went into effect after the tragic death of Virginia Graeme Baker. She was a 9-year-old who was good at swimming; she got caught in a spa drain and died. This Act requires anti-entrapment drain covers on public spas and pools. These drain covers don't fit flush to the bottom of the pool. Their raised design makes it nearly impossible to be sucked onto the drain when all of the holes are covered at once.

Residential pool owners should have this type of cover as well or turn their filters off when anyone is in the pool.

Continue reading "Spring Time means Pool Maintenance and Inspection Time to avoid Illinois Pool Accidents" »

The Chicago Department of Transportation is reminding business, property and homeowners of their responsibility to remove show from their sidewalks.

Our Chicago personal injury lawyers know an increased risk of slip and fall hazards comes with the snow, ice, dangerous sidewalks, wet slippery floors and standing water that frequently accompany winter storms.

Our older residents are among the most vulnerable to serious or fatal injuries resulting from a slip and fall accident in Chicago.

Chicago law (Municipal Code 4-4-310 and 10-8-180) require property owners to remove snow and ice from the sidewalks in front of their properties. “Many people rely on walking and transit as their primary way to get around, and without a wide, clear path through snow and ice, it is especially difficult for people with disabilities, seniors and children to walk safely,” said CDOT Commissioner Bobby L. Ware.

The Centers for Disease Control and Prevention reports that one-third of adults over the age of 65 will suffer a fall each year. Falls are the most common non-fatal hospital admissions for trauma.

Each year, about 18,000 older adults will die from fall injuries -- a number that has risen sharply over the last decade. Each year, more than 2 million older adults are treated in hospital emergency rooms for injuries sustained in a fall and nearly 600,000 of those will be hospitalized.

The most common injuries sustained in a fall are cuts, hip fractures and head trauma. Those following the recovery of Congresswoman Gabrielle Giffords, who suffered a traumatic brain injury as the result of a gunshot wound, may be interested to know that falls are the leading cause of traumatic brain injuries in the United States.

Common fractures are most often caused by falls in our older adult population, including fractures to the spine, hip, forearm, leg, ankle, pelvis, upper arm and hand.

Additionally, a serious fall injury can have a damaging psychological impact on older adults. Many develop a fear of falling, which impacts quality of life, reduces mobility, and can actually increase the risk of a subsequent fall injury.

Continue reading "Chicago slip-and-fall accidents, premise liability issues result from wet and icy conditions" »

Last minute shopping a danger to Chicago patrons

As you head out to your favorite stores for some last minute shopping, keep in mind you may run into some last minute dangers as well. Store owners and property managers have a responsibility to keep shoppers safe. During this time of year when inventory is high and shoppers are filling the aisles the dangers of merchandise falling, wet floors, or faulty escalators (to name a few) become much more prevalent. Our Chicago premise liability attorneys understand the dangers and want to remind you to be careful on these last few shopping days of the year.

Premise liability can be defined by the owner's responsibility to keep their store or property in safe condition for patrons. Failure to maintain the property leads to negligence and they can be held liable. Things like making sure the parking lot is safe, secure, and well lit, stocking merchandise properly, keeping a safe evacuation route in case of a fire, and keeping floors dry and clear are a few safety concerns that need to be monitored throughout the busy holiday shopping season.

At the start of the shopping season the federal government issued an alert from Occupational Safety & Health Administration that retailers and property managers should keep stores clean and safe throughout the holiday season. The increased volume of shoppers makes it more difficult to do so but every effort should be made to reduce the risk of serious injury.

Though not as common as slip and fall accidents, merchandise falling from shelves is one danger that can be avoided by proper merchandise control proceedures. Items can fall for a number of reasons and at anytime. Forklift operators have dropped their loads or have pushed other items off shelves while stacking a different item. Shoppers bumping into items stacked on the floor can topple them over. Boxes can suddenly fall if they are leaning. Heavier boxes when placed on lighter boxes can create an unbalanced stack and cause serious injury if the heavy box falls right on top of someone.

One suggestion, (probably common sense) made by OSHA recommends that employees use low or middle shelves for placing the heaviest items. This not only keeps heavy merchandise close to the ground but also helps stabilize the shelving.

Shoppers can help store owners by using some of the following safety tips recommended by My Parent Time:

-Store ladders are not for customer use, ask an employee for help.

-Don't cross aisle barricades, it is blocked off for a reason.

-Let store employees know if you see unbalanced items on the floor or shelves.

-Merchandise stacked in the aisles can topple over too. It doesn't have to fall from above to cause an injury.

-Stay alert when forklifts are in operation, keep away from the area whenever possible.

Store owners and shoppers can help each other this holiday season by being more aware and using extra caution. Make the holidays safe by doing your part.

Continue reading "Premise liability a concern for last-minute Chicago shoppers" »

For the second time this month, a fan has fallen to their death at one of the nation's elite professional sports' venues. The USAToday reports that a 23-year-old fan fell to his death from a ledge at Soldier Field during Sunday's Chicago Bears game.

A week ago, a toddler fell 50 feet to his death at the Staples Center at the conclusion of an L.A. Lakers game.

Our Chicago premise liability lawyers understand that the holidays are a dangerous time for accidents on business property. While fatal injuries at sports venues are relatively rare, more mundane accidents occur quite frequently as a result of holiday crowds. Slip and fall accidents, parking lot accidents, and accidents involving merchandise falling from high shelves are just a few of the more common ways in which people are injured on business property.

Whether a major sports venue or your local big box store, business and property owners have an obligation to ensure the safety of customers and invited guests. When wet floors, loose railings or faulty design result in a serious or fatal accident, a property or business owner can and should be held responsible.

In Sunday's accident, the 23-year-old fell to his death shortly before 5 p.m. as the Bears played the Philadelphia Eagles. The fall happened on the west side of the stadium, where the victim fell from a balcony between two columns and landed on a small roof outside the stadium.

Common causes of premise liability cases in Chicago include:

-Slip and fall accidents

-Accidents in dark or dangerous parking lots

-Loose handrails or faulty stairwells

-Collapsing porches

-Merchandise falling from high shelves

-Crowd or evacuation accidents

-Negligent security

-Elevator and escalator accidents

Continue reading "Tragedy at Soldier Field highlights risk of Chicago premise liability accidents " »

An apartment fire off W. Jackson on the Near West Side left one elderly woman trapped upstairs in the rear of the building. Fire crews were able to locate and rescue the 80-year-old, who was transported to Mt. Sinai Hospital and remains in critical condition. A second uninjured victim was also rescued, the Chicago Sun-Times reports.

Chicago premises liability lawyers know that more than 3,500 American are killed and another 20,000 are injured each year in home and apartment fires that are, in most cases, utterly preventable.

With winter quickly approaching, now is the time for landlords, property managers and homeowners to perform annual maintenance on fire safety equipment such as smoke detectors, fire extinguishers and sprinklers, and have furnaces and ventilation systems checked. It is also a good time for tenants and family members to review – or make – a fire safety plan that includes an exit plan and a meet-up point a good distance from the structure. If there are children in the home, hosting a mock fire drill can be a fun family exercise.

In the U.S., fire claims a life every 162 minutes and most victims succumb from smoke inhalation. Lit tobacco products is the most common cause for residential fire-related deaths and cooking equipment is responsible for most home fires and home fire injuries. In 2006, fire departments responded to 412,500 residential fires that claimed 2,620 lives and injured almost 13,000 Americans.

The Federal Emergency Management Administration and FireSafety.gov offer several tips to help families prepare, plan and respond in the event a fire erupts:

~ First and foremost: get out – now is not the time to worry about gathering material possessions. It takes less than 30 seconds for a small fire to become a killer.

~ NEVER re-enter a home or structure that is on fire.

~ NEVER open a door that is hot to the touch.

~ Smoke, toxic fumes and heat are far more dangerous than the fire itself. Heat can cause clothes to melt to skin and fumes can render a victim unconscious or damage lung tissue in a matter of seconds.

~ Expect darkness – fires are bright, but smoke is dense and dark – be prepared to find your way out in total darkness.

Continue reading "Apartment fires can lead to premise liability issues for Chicago landlords" »

Illinois Gov. Pat Quinn signed a measure into law this week that requires fraternity and sorority houses to install automatic fire sprinkler systems. The law will also require housing units to have backup power supplies for all smoke detectors.

“Fire safety starts at home. These important new laws help ensure that the smoke detectors where you live don’t fail when you need them the most, and help make our college students safer,” said Governor Quinn. “These laws will help prevent potentially tragic situations like we saw last year at Southern Illinois University Edwardsville.”

In fact, at least three fires have occurred at fraternity or sorority houses in Illinois in recent years. The law gives the homes until 2019 to comply. Our Chicago injury lawyers think that is an absurd time frame. Frankly, these homes should have sprinklers before the start of fall semester. Anything else is gross negligence on the part of both the property owner and the university.

Fires in apartment houses, hotels, dorms or other group-living environments are very, very serious because of the risk posed to multiple tenants. When basic safety features like sprinkler systems and smoke alarms are not present, a property owner can and should be held responsible for the serious injury or death that results. Just as an Illinois premise liability lawsuit would seek to hold a business or property owner reliable for other acts of negligence that result in serious or fatal injuries to customers, occupants or invited guests.

Other types of Chicago premise liability claims may include:

Slip and fall cases

Faulty handrails or stairwells

Cracked or broken pavement or sidewalks

Dark or uneven walkways

Negligent security

Assault on business or landlord property

Swimming pool accidents

Dog attacks

Elevator and escalator accidents

Collapsing porches or railings

A person who suffers serious injuries as a result of a property owner's or landlord's negligence, deserves to be compensated. And a Chicago accident attorney can help ensure that the problem is corrected and that future residents or guests are protected from suffering similar injury.

Continue reading "Sprinklers in fraternity houses need now -- not in 10 years; Illinois premise liability claims should hold landlords responsible" »

The Consumer Products Safety Commission estimates that 200 people a day will be seriously injured by fireworks over the Fourth of July holiday and the National Fire Protection Association reports that fireworks were responsible for 22,500 fires in 2008.

Those figures include 1,400 structure fires and 500 vehicle fires. Our Illinois accident attorneys also remind parents that children are the most frequent victims of fireworks accidents, accounting for about half of all injuries each year.

The National Fire Protection Association provides the following safety tips:

*Leave fireworks to the professionals and do not use consumer fireworks.

*Attend a public display and keep away from fireworks storage or launching areas.

*Never allow children to handle fireworks.

The CPSC reports that 8,000 people were treated at the emergency room for fireworks injuries last year. About two-thirds of those cases occurred in the month surrounding the Fourth of July holiday.

Fireworks injuries included:

1,200 firecracker injuries

1,000 sparkler injuries

300 injuries from bottle rockets

More than half of all injuries were burns. Other injuries included objects in the eyes and cuts and bruising. Thirty percent of injuries occurred to the hands, while 27 percent of victims suffered eye injuries and 15 percent had head, face or ear injuries.

In many cases, victims were injured by malfunctioning fireworks, which could result in an Illinois product liability claim. Malfunctioning fireworks were responsible for 78 percent of all injuries.

22 percent resulted from early ignition
22 percent from errant flight path
17 percent from tipover
13 percent from smoke or debris

Guests of commercial fireworks shows can also be injured by falling debris or as a result of a number of other causes. Those injured during a fireworks show in Illinois may also be entitled to collect damages for medical expenses, lost wages, pain and suffering and other compensation as allowed by law.

Continue reading "Illinois fireworks injuries can result from consumer mishaps or professional shows" »

Personal injury claims can arise in any facet of everyday life, claims are not solely limited to auto vs. auto accidents, work related injuries, and slip and fall accidents. Many times people feel that being a spectator at an event offers a level of safety that realistically just isn't there. Over the past few years many instances have arisen where spectators and paying customers were injured while watching a live event, whether that be at auto races, air shows, and monster truck rally's.

Just last week in Illinois serious injuries resulted when a truck accident at a monster truck rally resulted in nine people being injured, two seriously injured. Fortunately this accident did not result in any death. During the show, one of the trucks was crushing cars and on his fourth pass over the cars, the driver apparently lost control and careened into the crowd of onlookers.

With Chicago playing host to the annual air show in August, the potential for injury and disaster is always in the air. While the event has gone on for years without incident the massive crowds and death defying stunts create a recipe for serious potential injury. Joliet hosts many races at the Chicagoland Speedway and has never had an incident where a crash resulted in spectator injury but the potential is always existent. Our office has represented clients in a wide range of injury claims including the tragic and unexpected. If you want to be sure your rights are protected following a tragedy, be sure to consult a lawyer whenever an injury occurs.