Articles Posted in Premises Liability

| By

A client of David Abels & Associates, P.C. was recently injured in February, 2008 at a Bally Total Fitness when she slipped and fell on a freshly mopped floor in a locker room. A cleaning service that had been hired to perform janitorial services at the club had mopped, and they and the health club both failed to erect wet floor warning signs.

After the accident the plaintiff was taken by ambulance to Adventist Glen Oakes Hospital in Glendale Heights, Illinois. She sustained a broken wrist and later underwent surgery. The surgery was performed by Anup Bendre, M.D. at DuPage Orthopaedic Surgery Center. She has incurred over $20,000 in medical bills and is still in treatment.

The health club is so far denying liability, and if they fail to change their position a premises liability lawsuit will have to be filed in DuPage County to resolve the matter.

| By

In Kane County, Illinois David Abels & Associates, P.C., working in conjunction with the firm of Karchmar and Lambert, have filed a lawsuit against a resort in St. Charles, Illinois due to injuries sustained by our client when she bit into and swallowed pieces of glass that were in her dinner salad.

Our client was attending a business conference when the food was being served. The glass lacerated her throat, which later became infected. The plaintiff incurred around $15,000 in medical bills as a result of the infection.

The case gives knew meaning to the phrase “watch what you eat”. Continue reading

| By

In Chicago, Illinois personal injury lawyers were recently awarded a nice verdict in a premises liability wrongful death case, according to the Chicago Daily Law Bulletin. The fatality happened as a result of a fire in an apartment building owned by the defendants. The deceased, a tenant in the building, died of carbon monoxide poisoning.

The Cook County lawsuit alleged that the defendant failed to have smoke detectors in common areas of the building. The defense argued that the decedent was under the influence of cocaine and alcohol at the time of the fire.

Prior to trial the Estate demanded $910,000 to settle the case, and the defendants made no offer. The jury awared $1,353,249 (10% off 1,503,610 for comparative fault). The trial was in front of the Honorable Susan Ruscitti Grussel, Cook County Case No. 03 L 11032.

The plaintiff was represented by Kirk A. Moyer of Chicago. The defendants were represented by Alton Haynes and Brian O’Neill, and John F. Brennan. Continue reading

| By

Cook County and Chicago Area, Illinois car and truck accident attorneys could be busy over the next weeks after heavy snow falls. Traffic times are terrible and vehicles are sliding all over the roads. The Illinois Department of Transportation (IDOT) has issued multiple warnings to be very careful on the roads and to leave yourself additional time to get where you are going.

It took me close to 2 hours to travel from downtown to the North suburbs in yesterday’s commute and it took me 90 minutes to get downtown today (and I left for work at 5:45 am).

If involved in an auto accident, click here to visit our website for suggestions on what to do after a collision.

The Illinois State Police is reporting that yesterday there was a 7 car pile up on Interstate 90 just west of Plaines that was caused when a Chicago resident pulled over in the far left land to wipe snow from his windshield. A Palatine resident was injured and taken to Alexian Brothers Hospital. No other injuries were reported.

I am guessing that there will be multiple reports of accidents in Northern Illinois as snow continues to fall. Continue reading

| By

Chicago, Illinois premises liability, accident injury lawyers from David Abels & Associates, P.C., working with the firm of Trobe & Babowice of Waukegan, Illinois have been awarded $86,000 ($172,000, reduced to $86,000 for 50% comparative fault) in a premises liability arbitration. The arbitration had low of $5,000 and a high of $100,000 (meaning the most the plaintiff could be awarded was $100,000 and the least the plaintiff could be awarded was $5,000).

The case stems from an accident that happened in the defendant’s home where the plaintiff was helping work on a kitchen. The plaintiff was using an electric saw to cut a board and the defendant was holding the board still. The defendant lost his grip and dropped the board, causing the saw to slice off the end of two of the plantiff’s fingers. The defendant denied he was anywhere near the plaintiff when the accident occurred.

The defense also retained an expert to testify that the plaintiff was using the saw improperly as a grinder, and that the improper use was the cause of the injury. The plaintiff argued that improper use was irrelevent and that the accident only occurred because the defendant dropped the board.

Continue reading

| By

Chicago injury attorneys from David Abels & Associates, P.C. have reached a premises liability settlement in DuPage County, Illinois. Our client was injured when she tripped and fell on a pothole in the parking lot at the Fountaindale Public Library, Bolingbrook, Illinois. She sustained a mild wrist fracture in the fall. She was taken to Adventist Bolingbrook Medical Center and followed up with Midwest Orthopaedics at Rush. She incurred around $5,000 in medical bills. The DuPage County trip and fall case settled for $15,000. The defendant was insured by the Hartford.

The photo below shows the condition of the parking lot. The pothole was not that wide, but it was over eight inches in depth. If you look closely at the photo, the pothole is filled with water. That made it hard for my client to see the dangerous condition. Continue reading

| By

A Cook County, Illinois Accident Attorney has received a good jury verdict in a negligence case, according to the Chicago Daily Law Bulletin. The plaintiff was injured when he was leaving the Chromium nightclub located at 817 W. Lake Street, in the River West Neighborhood. Someone threw a bottle into the club, striking a bouncer employed by Chromium.

After getting hit, the bouncer threw the bottle back in the direction from which it came. The bottle hit a pillar and it shattered, and pieces of glass struck the plaintiff in his eye. He sustained permanant eye injuries. The defendant denied the plaintiff’s version of events.

Prior to trial, the plaintiff demanded $500,000 to settle and the defendant would only offer $300,000. The jury awarded $881,238.

The verdict was in Freddie Stinson v. 817 West Lake Street, Inc. and Chromium Club Inc., Cook County Case No. 04 L 010416. The plaintiff was represented by the Chicago firm of Cogan & McNabola, P.C., and it looks like they did a great job at trial. Continue reading

| By

A Wheaton, Illinois Accident Attorney has received a good jury verdict in a premises liability case, according to the Chicago Daily Law Bulletin. The plaintiff fell and was hurt while bowling. It was alleged that the oil used to condition the bowling lane was too close to the foul line and the warning signs were not adequate. The plaintiff sustained a right broken leg. The defendant argued that the accident probably occurred because the plaintiff went over the foul line and then slipped.

Prior to trial, the plaintiff demanded $36,000 to settle and the defendant offered $24,000. The jury awarded $99,600 (after 40% off of $166,000 for comparative fault).

Taking this case to trial took a little “chutzpah” on the part of the plaintiff’s attorney. Slip and fall, premises liability cases are often difficult to win at trial. Further, this verdict was in DuPage County where verdicts tend to be a little conservative compared to Cook or Will County. A lot of lawyers would have taken this case, but not many would have been thrilled about taking it to trial.

The verdict was in Shirley Mills v. Manfred’s Bierstube Inc., d/b/a Wood Dale Bowl, DuPage County Case No. 05 L 172. The plaintiff was represented by George L. Acosta of Wheaton, and the defendant was represented by Matthew Burke of Heineke & Burke in Chicago. (I should add that the result is also impressive because Matthew Burke is a very good defense lawyer.) Continue reading

| By

In Chicago, Illinois personal injury attorneys from David Abels & Associates, P.C., working with the Lake County firm of Trobe & Babowice reached a premises liability settlement for $275,000 with the Chicago Housing Authority (CHA). The plaintiff, a minor, was riding in a stroller and was pushed by another child into a negligently designed lock box that was on the door of a vacant CHA apartment. The actual lock box at issure is pictured below. The child sustained severe eye injuries. The building was being managed by an agent of the CHA, William Green Homes at the time of the occurrence. The lock box was defective in design in that it was a large metal box that protruded approximately 8 inches from the door into the hall. Most lock boxes are much smaller and flush against a door. The lock was especially dangerous in a CHA building where kids play in the hallways.

| By

The 3rd District Illinois Appellate Court has affirmed a Bureau County Jury Verdict in a premises liability case against the City of Princeton. The plaintiff was injured when he stepped into a depression on a sidewalk and fell on Main Street in Princeton, Illinois. The plaintiff introduced evidence of over $119,000 in medical bills to the jury. The jury returned a verdict of $170,800 for the plaintiff.

During trial, defense counsel attempted to introduce evidence that the bills were discounted down to $34,888.00 by Medicare. (If a hospital or doctor receive a Medicare payment that is less than the amount billed, the rest of the bill is wiped out by accepting payment from Medicare).

The Court barred the defense from introducing evidence that the bill was reduced to $34,888.00 under the collateral source rule. This rule stops a defendant from informing the jury that the plaintiff has insurance, as a jury may then improperly conclude that the plaintiff sustained no damages.

Continue reading
Contact Information
100 N LaSalle St #1710
Chicago, IL 60602
Toll Free: (855) 529-2442Phone: (312) 924-7575Fax: (312) 924-7555

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Abels & Annes, P.C.
JUSTIA Law Firm Blog Design