Premises Liability

Chicago area porch collapse injures 11 in second serious incident this month

July 30, 2009 | By Dave Abels

Eleven people were injured after a porch railing gave way overnight in Calumet Park in the second serious case this month of a Chicago porch collapse.

In this incident, four people plunged 15 feet after the railing collpased about 10 p.m. Monday in the 12400 block of South Ashland Avenue, according to WBBM News Radio.

Calumet Park Fire Chief Tom Battistella said two victims were unconscious following the fall and were taken to Advocate Christ Medical Center in Oak Lawn. Another two people were taken to Metro South Medical Center in Blue Island. Seven people refused treatment, Battistella said.

Catholic Church pays $3.9 million to settle Chicago sex-abuse claims

July 26, 2009 | By Dave Abels

Six surviving victims of sexual abuse by priests will receive portions of a $3.9 million settlement paid by the Roman Catholic Archdiocese of Chicago, the New York Times reported.

As part of this latest settlement, the archdiocese also released a bishop’s deposition, which detailed the church’s failure to report the crimes in an effort to keep them secret.

Auxiliary Bishop Emeritus Raymond E. Goedert, formerly the second-highest ranking official in the Catholic Church of Chicago, admitted that he knew 25 priests broke the law by sexually abusing children but did not report them, according the the Chicago Sun-Times.

Chicago injury lawyers warn of dangers posed by porch collapses

July 16, 2009 | By Dave Abels

Chicago authorities have scaled back inspections aimed at preventing deadly porch collapses, according to an article today in the Chicago Tribune.

The Chicago premise liability attorneys and personal injury and wrongful death lawyers at Abels & Annes have handled a number of cases in which clients have been seriously injured by collapsing porches. Chicago’s aging buildings and porches neglected by owners and landlords have led to a number of serious and fatal collapses in recent years, including a tragic Lincoln Park collapse six years ago that killed 13 people.

The story points to a very real problem in Chicago. Tenants or guests who are injured by faulty or collapsing porches have a right to compensation. Depending on the situation, responsible parties can include landlords, property owners, condo associations and current residents.

Bridge collapse at fireworks show sends at least 16 to the hospital

July 7, 2009 | By Dave Abels

Bridge collapse at fireworks show sends at least 16 to the hospital
At least 16 people were hospitalized after a wooden footbridge collapsed at the conclusion of a fireworks celebration at Hidden Lake Park in Merrillville, about 45 minutes south of Chicago.

Media reports were unclear about whether it was a public park. But injured participants could have a premise liability claim against the park owner or the company that provided the fireworks display.

Witnesses described a chaotic scene, estimating that the roughly 90-foot-long bridge was full of people before it fell, according to the Associated Press as reported by Fox News.

While authorities have released few other details, it is possible that event organizers allowed far too many people onto the 90-foot wooden bridge, which collapsed about 10 p.m., just as the grand finale concluded, sending people plummeting into the water below.

A dive team was called in to pull people and items from the water and the investigation continued through the weekend. There were estimates that thousands had attended the annual fireworks display at the park in years past.

“They had to rescue quite a few people,” Ross Township firefighter Perry Herzog said in a newspaper account.

Herzog said 16 people were transported to local hospitals for treatment. He said others might have been taken to hospitals by family members.

He did not know the nature of their injuries, and said there were no fatalities in the accident. About 50 emergency vehicles responded to the scene, along with helicopter and dive teams.

Robert Walker, of Merrillville, blamed the collapse on the number of people crossing the bridge.

“It was a mass of confusion,” he said. “People were walking across the bridge when it collapsed. People were grasping and hanging onto the bridge itself.”
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Chicago injury lawyers issue caution regarding fireworks

July 1, 2009 | By Dave Abels

The Chicago personal injury lawyers at the Abels & Annes wish you a safe and happy holiday weekend and we urge you to stay safe around fireworks displays this Fourth of July.

While some types of small fireworks are permitted in Illinois, it depends on the regulations in your village or municipality.

Fireworks are divided into two categories:

• consumer fireworks, which include such items as fountains, repeaters and parachutes.

• pyrotechnic displays, which use professional grade fireworks such as mortars, cake bundles, and ground displays that depict a picture.

It’s important to note that several well-known types of fireworks, such as firecrackers, bottle rockets and Roman candles, are not allowed in Illinois under the new regulations, according to the Office of the State Fire Marshal.

Novelty fireworks, such as snakes, sparklers, and party-poppers, are not regulated by the state, although municipalities have the authority to enact an ordinance prohibiting the sale and use of sparklers on public property.

While legal, sparklers present a serious danger because of the high temperature of the wire during and after its use. Sparklers burn at temperatures of up to 1,200 degrees Fahrenheit and remain extremely hot long after the sparks have stopped.

Many children are injured each year by sparklers. Children playing with novelty fireworks must be closely supervised by adults to prevent injury.

Visit the OSFM website for information about Illinois fireworks’ regulations.

In 2006, 11 people died and more than 9,000 were injured by fireworks, according to the Centers for Disease Control and Prevention, which offers more information about fireworks and fireworks safety. Fireworks can cause blindness, third-degree burns and permanent scarring and are a source of life-threatening residential and motor vehicle fires.More than 100 people were injured by fireworks in Illinois last year, according to the Associated Press. The Chicago Fire Department reported 18 fireworks-related fires and four injuries.

Your best bet and safest route to seeing great fireworks this weekend is to go to a fireworks show put on by professionals. Even at a professional show, organizers have an obligation to keep burning debris are other material from falling into the crowd and causing injuries.

In Mount Vernon, the fire department is offering fireworks safety courses leading up to the Fourth of July.

“On fireworks safety, one of the biggest things we try to teach is that there is no safe firework out there,” MVFD Assistant Chief Kevin Sargent told the Register-News.

“Fireworks in the U.S. are regulated and the state of Illinois has decided to allow some fireworks. … We try to teach people what fireworks are legal and illegal and the safety in handling and distance.”

Sargent, who also teaches the classes, said one of the biggest surprises he has noticed many people express during the training is the safety distances.”Some fireworks project over 400 feet, and we need to keep spectators away that far so they aren’t injured or hit by debris from falling fireworks,” Sargent said. “… They need to be aware of the weather. Is it windy? The wind will change the direction of fireworks after it has left the shell or tube. Also, everybody thinks since it has rained and rained that a fire can’t start. But it is dry underneath the grass on top, and that can get hit and cause it to burn.”

The National Council on Fireworks Safety offers the following safety tips:

Use fireworks outdoors only.

Obey local laws. If fireworks are not legal where you live, do not use them.

Always have water handy. (A hose or bucket).Only use fireworks as intended. Don’t try to alter them or combine them.

Never relight a “dud” firework. Wait 20 minutes and then soak it in a bucket of water.

Use common sense. Spectators should keep a safe distance from the shooter and the shooter should wear safety glasses.

Alcohol and fireworks do not mix. Have a “designated shooter.”

Only persons over the age of 12 should be allowed to handle sparklers of any type.

Do not ever use homemade fireworks of illegal explosives: They can kill you! Report illegal explosives to the fire or police department in your community.
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Chicago Area Couple Injured By Falling Arches At McDonald’s

April 18, 2009 | By Dave Abels

A Naperville, Illinois couple has been seriously injured in a bizarre accident at a McDonald’s in Eastern Arizona, according to the Daily Herald. A giant set of golden arches fell and crushed their SUV.

They were reportedly just sitting in the parking lot in a Chevy Trailblazer when high winds toppled the arches over. The winds were in excess of 55 m.p.h. The accident took place on Wednesday around 12:30 p.m. on the Navajo Nation reservation in Window Rock.

One occupant sustained a large laceration on his head. The other had to be freed from the vehicle by emergency personnel and had head, neck, back and arm injuries. They were taken to a local hospital by ambulance, however the female victim was later airlifted to a hospital in Phoenix, AZ and is reportedly in critical condition.

Chicago Personal Injury Lawyer Resolves Premises Liability Case

February 21, 2009 | By Dave Abels

Chicago accident attorneys from Abels & Annes, P.C. have settled a trip and fall claim against a Jewel Food Store in Highland Park, Illinois for a fall down injury that occurred on June 22, 2008. Our client had just parked her car and was about to walk into the store when her foot got caught in a broken and/or significantly uneven portion of the sidewalk that lead into the grocery store, causing her to fall forward onto her left hand and sustain injuries.

Our client did not see the uneven sidewalk because it was obscured in the shadow of a pillar holding up the overhang in front of the store. She was also looking forward towards the entrance doors of the store, and was distracted by the heavy congestion of scattered shopping carts in the area and other patrons entering and exiting the store. After her fall, a store manager came outside to talk to her. The manager admitted that this was not the first time someone had tripped on this area of the uneven sidewalk.

Our client went to a local hospital for left hand, wrist, and shoulder pain. After history and examination diagnostics tests were ordered, x-rays were conducted, which indicated a displaced fracture at the base of the proximal phalanx of the small finger on her left hand (fracture at the base of her left pinky finger). She was placed in a splint, her arm was placed in a sling, and she was prescribed pain medications and instructed to seek follow up care.

Chicago Slip & Fall Case Resolved — Chicago Injury Lawyers

December 24, 2008 | By Dave Abels

Injury attorneys from Abels & Annes, P.C. have resolved a premises liability case against a Chicago, Illinois building management company for a slip and fall injury. The accident is a little different than most premises liability cases we handle, in that the plaintiff was injured in her own residence, and she knew of the defective condition.

Our client slipped and fell on broken and loose tiles on the bathroom floor of her rental apartment as she was getting out of her shower. It was a longstanding condition and she had notified the landlord of the problem several months before the accident. The building manager came out and inspected the floor, but never got around to making repairs. (Even after my client was hurt, the defendant did not make repairs for another 3 months). While our client knew of the condition, it was a one bathroom unit and she had no choice but to use the shower.

Our client fell and injured her leg and shoulder. She went to a local emergency room after the accident. X-rays were negative for fractures. She underwent physical therapy on a couple occasions at the same hospital and her pain resolved a couple months later. She incurred over $3,000 in medical bills. The case settled pre-litigation for $12,000.

In Chicago, Illinois, Iron Gate At CHA Property Falls and Kills Boy – CHA Warned Of Problem 2 Years Ago

August 23, 2008 | By Dave Abels

In June of 2008, a 3 year old boy was crushed to death by an iron gate that fell on him at a Cabrini Green CHA property. It is now being reported by the Chicago Sun-Times and the Chicago Tribune that the Chicago Housing Authority and the property management firm of Urban Property Advisors were warned by the federal government of the danger 2 years before the boy was killed and took no action to correct the hazard.

The U.S. Department of Housing and Urban Development warned in three seperate inspections that the iron gates were dangerous. The gate in question is located at a Cabrini Rowhouse project in the 900 block of North Cambridge. The gate, which is reportedly 7 feet tall, fell on the child as he rode his tricycle.

Click here to read the entire story.

Chicago, Illinois Injury Lawyers Reach Premises Liability Settlement With Local Store

August 19, 2008 | By Dave Abels

In Chicago personal injury attorneys from Abels & Annes, P.C.have reached a premises liability settlement with a Calumet Park, Illinois grocery store stemming from a August, 2007 trip and fall injury. The plaintiff was walking down a grocery store aisle when her foot got caught in a rope protruding from an onion bag that was left on the floor by a stock person employed by the store.

Our client fell hard, sustaining neck injuries and fracturing her front tooth. She went to the emergency room at Ingalls Urgent Care, and she later had follow up treatment with a dentist in Olympia Fields and a chiropractor in Park Forest, Illinois. The case settled without having to file a lawsuit, and Travelers Insurance is paying on the claim.
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