Chicago Personal Injury Lawyer Blog

Bounce House Injuries On the Rise in Illinois and Elsewhere

May 29, 2013 | By Dave Abels

Injuries to children can be terrifying for parents. Even a birthday party or a block party can present unexpected dangers while children are having fun. Recently, the Chicago Tribune reported on a study about an increase in bounce house injuries among children across America.

The study can be found in the journal Pediatrics. It found that the number of United States bounce house injuries to children increased by fifteen times between 1995-2010. Between 2008-2010, injuries doubled. In 2010, one American child was injured every 46 minutes while bouncing in a bounce house. The Ohio pediatrician who conducted the study is also president of the Child Injury Prevention Alliance and he noted that when this type of increase occurs in public health, it’s called an epidemic.

Hospital ERs around the country see about 30 children a day for concussions, broken bones, sprains, and cuts related to bounce house accidents. Most of these are the result of children colliding with other children as they bounce.
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Barrington Family Files Wrongful Death Lawsuit in Cook County Against Manufacturer of Dresser That Crushed Child

May 27, 2013 | By Dave Abels

A distraught Barrington family has reportedly filed a wrongful death case in Cook County Court against a furniture manufacturer and a now-closed children’s furniture store. According to the lawsuit, a two-year-old child was crushed and sustained serious head trauma when a children’s dresser tipped over onto him in 2011. The child then allegedly suffocated beneath the weight of the toppled dresser. The family’s lawsuit alleges that the dresser was sold without proper warnings regarding the item’s potential for tipping over. In addition, the complaint claims the dresser should have come equipped with an anchor or other safety device as well as instructions regarding how to keep the dresser from falling over.

Following the child’s death, the Consumer Product Safety Commission reportedly issued a recall for approximately 300 of the same model of children’s dressers sold between January 2005 and December 2010. In response, the Canadian manufacturer of the dresser, Gemme Juvenile Inc., purportedly offered parents a free safety strap to secure the furniture to a wall. Despite that voluntary industry standards now require safety restraints to be provided with all new children’s dressers, the Consumer Product Safety Commission stated that the dresser at issue met current safety standards when it was manufactured.

In the State of Illinois, the parents of a minor child who died as a result of an unsafe product or another person’s negligent act may be entitled to file a wrongful death lawsuit. The Illinois Wrongful Death Act states the personal representative of a deceased individual may seek monetary compensation for the grief and pain endured by the victim’s family, any medical costs incurred prior to his or her death, loss of consortium, lost wages, funeral expenses, and punitive damages where appropriate. In general, punitive damages are only available in situations where the party who caused your loved one’s untimely death acted outrageously or intentionally. Losing a child in a preventable accident can be devastating. If your minor child was hurt or killed by an unsafe product, you are advised to contact a quality wrongful death lawyer to discuss your right to recovery.
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National Dog Bite Prevention Week Aims to Educate the Public

May 25, 2013 | By Dave Abels

The third week of May every year is National Dog Bite Prevention Week in America and is designed to raise awareness that nearly all dog bites can be prevented with proper steps and procedures.

Pet ownership is at an all time high in the United States right now, and that includes dogs. The American Pet Products Association estimates that 62 percent of all American households have a pet, including 78.2 million dogs. With that many dogs around, it is probably not surprising that a large number of people are bitten every year by even the nicest of dogs.

While many dog owners do not believe it or choose not to acknowledge it, the truth is that any dog can bite at any time, even if the dog has never been aggressive or bitten anyone in the past. The smallest, softest, cuddliest, and cutest dogs bite just like some of the larger and meaner dogs because biting is in their nature. However dogs can be raised and trained to be passive and to not bite in most situations. Proper socialization with humans and other dogs can drastically reduce or eliminate the dog’s desire to bite and can make it safer for anyone who will spend time around the dog.

Even if the dog is properly trained, it may still bite in some circumstances. Startling a dog, hurting or injuring it, even unintentionally, or threatening the dog may cause it to bite. This is particularly true if you are unfamiliar or unacquainted with the dog which makes a dog more likely to experience fear in your presence.

Every year, approximately 4.5 million people are bitten by dogs and nearly one in five of those bitten require medical treatment. Children are more likely to be bitten by any other group and often sustain the most serious injuries. Second to children, the elderly sustain the largest number of dog bites that are also often serious.

If you plan to be around dogs or if you allow your children to be around dogs, it is a good idea to think safety first and make a plan for how to address each specific animal. If you are the owner of a dog, make sure you properly train the dog to obey and behave, even when the dog would like to act otherwise. Many communities offer free or low cost obedience classes or similar training programs that focus on dog socialization and proper training.

Also if you own a dog, you should take steps to protect those who come into contact with your dog. Depending on its personality, you may wish to introduce all new visitors to your dog on an individual basis or it may be best to isolate your dog in a separate room or area of the house while company is around. This should be considered with every visitor but because of the vulnerable nature of children and the elderly, it is especially important to make concessions when they are present.
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Chicago Jesuits Covered Up Sex Abuse Claims for 40 Years

May 24, 2013 | By Dave Abels

Documents released Tuesday show that Chicago Province of the Society of Jesus, more commonly referred to as the Chicago Jesuits, knew of allegations of sexual abuse and misconduct against a former priest and took steps to actively cover up the allegations for 40 years.The former priest at issue, Donald McGuire, has been criminally convicted of sexual abuse of some minors but to date, officials have identified 28 people who identify themselves as victims. Of these, eight have filed lawsuits thus far.

The documents detailed claims made against the defrocked Jesuit priest as well as naming numerous superiors who had knowledge of the sexual impropriety that was occurring. Instead of subjecting McGuire to sanctions, punishment, or informing the police, the Chicago Jesuits concealed the allegations and arranged transfers of McGuire to new posts.

The documents, coupled with the criminal conviction of McGuire and the claims of several abused men, led to a $19.6 million settlement to conclude the claims of six victims. The settlement was reached in January and was publicly reported this week.

Victims have stated that the abuse began for some of them in the 1960s and occurred as late as 2004. During this time, McGuire held many positions within the church, including work at Loyola Academy in Wilmette and Loyola University in Chicago. McGuire also reportedly traveled on mission trips with some young men that took him out of the country and around the world where some victims have stated the abuse continued.

Sexual abuse is a sensitive and serious area of the law with many potential complications. Though these cases have received increased publicity in recent years, some facts are not often brought to light. The truth is that many victims of sexual assault suffer from their injuries for decades or even the remainder of their lives. It can affect a victim’s personal relationships with family and friends, ability to work and hold down a job, ability to cope with stresses and complications in life, as well as a number of other issues.
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Demand for Bike Sharing Programs Increases Across the Nation

May 22, 2013 | By Dave Abels

As Chicago’s Divvy bike sharing program prepares for a launch this summer, cities across the nation are doing the same. At the start of 2013, there were 22 major cities nationwide that had a bike sharing program similar to the one Chicago plans to use beginning in June. By 2014, that number is expected to double.Bike share programs are simple in concept: people who want to use a bicycle as transit or for pleasure can rent a bicycle for a specified length of time, use it as they please, and then return the bike when they are finished. Most programs, including Chicago’s, allow cyclists to rent either by the hour or to become a subscriber, where a designated fee is paid for unlimited monthly or yearly use. The most common form of bike share program uses solar powered docking stations and allows cyclists to check out a bike from one station and return it to another station, simplifying the process for those who only need transit one way. This also allows for an automated system that can keep costs low, making bike rental affordable for many regardless of what city they call home.

The first major bike sharing program began in Tulsa, Oklahoma in 2007, though many credit the recent success experienced in Washington, D.C. for the proliferation of similar programs throughout the nation. The nation’s capital is in the process of expanding their program into Virginia and anticipates having 3,700 bicycles and more than 300 docking stations by the end of the year.

As of May 2013, the five biggest bike sharing programs, in terms of the number of bicycles owned, were Washington, D.C.; Minneapolis/St. Paul, Minnesota; Boston, Massachusetts; Miami Beach, Florida; and Denver, Colorado. Chicago’s program calls for 4,000 bicycles within the next year which would give it the largest number of bikes in a share program in the nation, assuming other cities do not expand in that time frame, but Chicago is expected to be surpassed by New York City. The Big Apple is in the process of initiating a bike share program with plans to incorporate 6,000 bicycles throughout the Manhattan and Brooklyn boroughs.

New York City is known for its bicycle traffic and the share program has been anxiously anticipated for some time due to several delays in its implementation, though it is scheduled to go live in just weeks, about the same time as Chicago. Chicago is in the process of adding significant bicycling attractions including designated bicycle lanes and increased bicycle parking throughout downtown which some think will increase the use and success of the Divvy program.
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Fractured Rail May Have Contributed to Train Collision

May 21, 2013 | By Dave Abels

Two passenger trains collided in Connecticut on Friday, injuring more than 70 people and sending many to the hospital. Since the crash, authorities have been investigating the scene and the trains themselves in an effort to uncover the cause of the collision.Authorities may have found a significant clue when they came upon a fractured segment of track near the area of the crash. It has been determined that the broken track was not caused by sabotage but it is not clear whether the fracture existed before the crash or was caused by the crash.

The area of the track at issue underwent repair work last month and has since been removed for analysis, which a derailing train crossed before it derailed and collided with a second train on Friday.

The crash occurred between two commuter trains during rush hour when an eastbound train from New York traveling to New Haven, Connecticut derailed and collided with a westbound train headed to New York. The crash injured dozens and several remain hospitalized today, including some in critical condition, though there have been no deaths thus far. The rail line between New York and New Haven is the busiest in the nation and serves 125,000 commuters each day.

The investigation originally began with local police and the FBI but now is run by the United States National Transportation Safety Board after a determination that there was no foul play involved. The Connecticut governor has stated that the train cars themselves are designed to the latest standards for passenger safety and it may be the first collision involving this type of car.

Though this collision occurred in Connecticut, it is similar to collisions that happen in Illinois every year. Illinois and particularly Chicago are known for heavy train traffic, including passenger trains, that provide commuter transit as well as travel for longer journeys.

Train tracks can fracture from time to time as regular train passengers know. Once stretch of train tracks frequented by Chicago commuters fractured twice in a matter of weeks during a cold spell earlier in 2013. While this merely caused delays and inconvenience to Chicago commuters, it could have caused derailments and other injuries.

In addition to fractured tracks, train collisions occur as a result of other factors, including inattentive drivers, broken signals, speeding trains, disregarding train traffic signals, and general negligence by the train conductor and/or dispatch crew.
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Cop Kills Pit Bull That Attacked Two in Chicago

May 18, 2013 | By Dave Abels

A loose pit bull in the Englewood neighborhood of Chicago attacked a 63-year-old man in the area of 59th Street and Eggleston Avenue Wednesday morning. The man reportedly sustained several puncture wounds and needed medical treatment at Christ Hospital, where he was expected to recover.

Onlookers called police for assistance when they saw the man being attacked by the dog. Before the officer arrived, the dog switched targets to a nearby 16-year-old sophomore who was walking to Urban Prep Academy, his high school. The dog bit the teenager in several spots including his right leg and foot. The officer yelled at the dog to get its attention, and when that failed, fired a shot at the pit bull.

The pit bull responded to the gun shot by running at the officer, who again fired at the dog, this time hitting and killing it. The officer helped get the teenager medical treatment at St. Bernard Hospital and Health Care Center where the teen received stitches and was later discharged.

While the sergeant was not injured by the dog today, he did respond to a call last week involving a different attacking dog and the sergeant was bitten in that incident.

Animal attack lawyers at Abels & Annes, P.C. filed a lawsuit this year in a very similar case. Our client was severely attacked by two pit bills on the South Side in 2012. He was saved when Chicago police arrived and shot & killed one of the dogs. The other was euthanized.

Our client sustained awful lacerations, underwent multiple surgeries and incurred hundreds of thousands of dollars in medical bills. His arms have significant permanent scarring due to the attack.

Illinois law holds an owner, harborer, or one in possession of a dog liable for any injuries the dog causes to another person. This includes medical bills incurred as a result of a dog attack or other damages you may incur. Any dog can turn vicious and attack but some breeds are more likely to cause injuries. Pit bulls, dobermans, and rottweilers often cause serious or fatal injuries due to their muscular builds and strong jaws. Attacks against children can be particularly violent since children are less able to defend themselves against a strong and determined dog that is set on attacking.
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Worker Killed at Northwestern University Construction Site

May 17, 2013 | By Dave Abels

A 56-year-old man who was injured at a Northwestern University construction site on Thursday has died due to his injuries and police have launched an investigation.The man was working at an Evanston site when he was struck by a 16 foot long beam weighing 70 pounds, according to police. Early reports indicate that another worker maneuvering a crane struck the beam unintentionally with the crane, causing the beam to fall six stories. The victim was struck in the head and chest and was taken to NorthShore University Hospital where he succumbed to his injuries early Thursday morning.

The incident did not result in any other injuries but did cause work to be halted for an investigation. The Occupational Safety Health Administration (“OSHA”) has announced that it will conduct its own investigation into the facility and the incident that cost this worker his life.

OSHA, a division of the United States Department of Labor, is designed to prevent workers from being injured or killed while on the job and does this by requiring employers to provide safe working environments. While most employees nationwide are covered by OSHA protocols, construction workers and construction sites have a separate and specific set of requirements that OSHA imposes. They require a working environment that does not pose a serious threat of harm as well as the presence of safety equipment and proper training and instruction of employees.

The law in Illinois provides that workers who are injured on the job, regardless of who is at fault, are entitled to certain benefits, including access to medical care and treatment, disability pay, and payment for any injuries sustained. Many employees believe that they do not have a case if they are responsible for their injuries but this is not a correct belief. Since the law is complicated but allows for a recovery in most situations, it is important that any injured employee speak with a knowledgeable personal injury attorney at soon as possible after an accident.

It is also important to note that work place accidents happen every day in all types of work environments. Injuries happen at sites with physical requirements, like lifting, bending, carrying, and moving products, but they also occur in more mundane environments, including an office. The nature of your job or the type of environment you work in does not determine whether or not you have a claim when you are injured.

When a law firm gets involved in this tragic case, they will thoroughly investigate whether there is a potential third-party lawsuit on behalf of the victim and his family. They look to see if any independent party (outside of the employer) committed any negligent act or acts that contributed to this accident.
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Chicago Driver Hits and Kills Bicyclist

May 15, 2013 | By Dave Abels

A Chicago driver was traveling in the 7800 block of West Irving Park Road late Tuesday night when the driver struck an elderly bicyclist, killing him. The cyclist, an 83-year-old Chicago resident, was taken to Advocate Lutheran General Hospital where he was later pronounced dead.Both the driver and the cyclist were reportedly riding westbound on Irving Park when a collision occurred in the Dunning neighborhood. It is not clear exactly how the two collided but police have placed the driver of the car at fault and stated that the driver has been cited for failure to reduce speed to avoid a collision.

The area where this collision occurred is often traveled by bicyclists who are allowed to ride in the street with motorized vehicles. The road does not have a designated bicycle lane and therefore bicyclists are required to ride with other traffic, sharing the same lane and obeying the same traffic laws. The block of West Irving Park also has street parking in some areas which can make the lanes more narrow for both bicyclists and motorists as they travel.

This collision occurred at approximately 9:10 p.m. when darkness had set in the city. There is street lighting that lines much of the eastern side of the road but it is not as prevalent on the western side, meaning that the combination of the nighttime darkness and sparse use of artificial lighting should have put the driver on heightened alert to the presence of bicyclists. It does not appear that that was the case, unfortunately.

In 2011, there were 3,107 bicycle collisions in Illinois resulting in 2,912 injuries and 27 fatalities. Of those crashes, 469 occurred during darkness hours on roads with artificial illumination, meaning that this type of collision is all too common – more than one a day, every day, for the entire year.

The elderly are less likely to be involved in bicycle accidents because there are fewer elderly riders than there are younger riders. However when older individuals are struck while riding a bike, the injuries are often severe or fatal due to the vulnerable nature of the cyclist.

Wrongful Death of Illinois Student Killed During Hazing

May 14, 2013 | By Dave Abels

A nineteen-year-old freshman at Northern Illinois University died last fall after a Pi Kappa Alpha pledge party. He and other pledges were quizzed about fraternity history and told to drink plastic cups of liquor. By ten p.m. some had consumed around 20 drinks. The nineteen-year-old student’s family claimed that the fraternity members made him consume a dangerous amount of alcohol while hazing him and then did not help him when he passed out. Like many other states, Illinois has strict anti-hazing laws. Across the nation, more than 1,800 college-age students (ages 18 to 24) die every year because of an alcohol-related event.

Found dead at the frat house the following morning, the nineteen-year-old student’s cause of death was a fatal heart arrhythmia caused by alcohol intoxication. The coroner said that his blood alcohol level was more than four times the legal driving limit at 0.351. Earlier in the evening, his blood alcohol level would have been 0.431.
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