Recent Blog Posts
The Dangers of Defective Toys
Toys can provide hundreds of hours of play and learning experiences for children of all ages. Most children have a favorite toy, but what happens when it is a hazard to their life due to a manufacturing defect or poor design? Toys that fall under these categories can cause death or serious injuries. When companies release hazardous products and children get hurt, they must be held responsible through product liability lawsuits.
According to the U.S. Consumer Product Safety Commission, 217,000 children a year are treated for toy-related injuries. Not all of these hospital visits are for defective toys, but when companies do not carefully develop products, children can suffer from suffocation, burns, or the effects of dangerous chemicals.
As a parent, it is important to keep aware of consumer recalls and potential hazards when providing a toy to a child. These dangerous products were recalled due to company oversights that caused harm to children.
Premises Liability Accidents and Owner Negligence
A premises accident can happen anywhere, and under the right circumstances, the property owner can be held responsible for injuries or damages. After being injured at someone’s home or business, a victim may not know where to turn or even know they are eligible for compensation. Like a car accident or medical malpractice, when negligence is involved, a person injured on the property of another may be able to get restitution for their pain and suffering.
What Is Negligence?
When a person does not act with reasonable care towards a situation and a person gets injured, they can be held responsible for being negligent. For any personal injury cases, such as a premises accident, negligence must be proved. To prove negligence, there must be a duty to establish for the property owner to maintain under law, refusing to provide maintain that standard, and an injury with damage caused by inaction. For example, if there is a wet spot in a grocery store and no effort was made to clean up the spill or warn patrons, the store owner may be held liable if someone slips and breaks a bone.
What Is Considered Medical Malpractice?
When regular visits to a doctor’s office are a habit, the first sign of life-threatening illnesses can be detected. Most medical professionals have their patient's best interests in mind, but mistakes do happen. When a mistake has been made, or a patient is second-guessing their treatment, it can be difficult to determine the difference between medical malpractice and the sometimes uncertainty of medicine.
A woman in Oak Park was recently awarded $50 million in a settlement against West Suburban Medical Center. The birth of her baby in 2014 resulted in the child having severe brain damage. Although a representative from the hospital claimed that appropriate action was taken during the natural birth, experts in the medical malpractice trial testified that a cesarean section would have prevented injuries to the child. An ultrasound showing that the child did not move for six hours during labor was ignored by medical staff, and the mother expressed concerns to her doctor that she could not feel the unborn baby move. Today, the child is five-years-old and is unable to sit, stand, or talk.
What Mental Illnesses Qualify for Workers’ Compensation
A fall or mechanical accident will cause physical harm to a worker, but what happens when their psyche is affected instead? Many people have a mental illness and they go to work and function regularly, but when mental illness is caused by a work environment or circumstances, then their treatment may be covered by workers’ compensation. Treatment for mental illnesses can also go alongside treatment for a physical injury, as these issues may arise after trauma.
What is Workers’ Compensation?
When an employee is injured or becomes ill due to circumstances surrounding their job, their employer’s workers’ compensation insurance steps in to assist the worker. If the employee cannot return to their job, workers’ compensation provides replacement wages based on their current income and limits set by the state. If a person can eventually return to the workforce but their earning potential is affected, workers’ compensation will assist with the differences. Any medical treatment an employee requires because of a work-related injury will be financially covered, as long as the treatment is considered reasonable and medically proven to help an ailment.
Why Do Car Accidents Spike on New Years?
As December comes to a close, we reflect on the previous year and look forward to the fresh start that a new year brings. In this century, we celebrate our second decade, so there is bound to be extra excitement as we enter 2020. The new year brings resolutions and champagne toasts, but unfortunately, new years eve and day are a couple of the most dangerous times to be on the road and car accidents spike.
One of the biggest contributions to this spike is drunk driving. Crashes having to do with alcohol or drugs increase 71% compared to an average weekend from 6:00 p.m. on New Year's Eve to 6:00 a.m. on New Years Day. Like it's winter holiday counterparts, New Years encourages drinking alcohol. Many people top off at midnight with a glass of champagne. While that one glass of champagne would likely keep someone within the legal limit to drive, it is the drinks before and after that can create a problem.
Preventing Truck Accidents
Getting in a truck accident is a great fear for many people. Trucks themselves are large and often carry hefty loads of cargo. When driving, people are often cautious of trucks, but deadly accidents still happen. Drivers can take certain precautions when sharing the road with truck drivers, but a negligent truck driver or company is no match for small errors passenger car drivers can make.
The Insurance Institute for Highway Safety states that in 2018, 4,136 people died as a result of getting into an accident with a truck. The majority of these deaths were people in passenger cars. Truck drivers have the advantage of being protected in a vehicle that weighs upwards of 30 times more than an average car. A truck can roll over, but in an accident with another smaller vehicle, a semi-truck is likely to come up on top.
What Rights Do Residents Have in Nursing Homes?
Many elders resist the recommendation to move to a nursing home. Family members may have good intentions, but moving to a nursing home facility is intimidating. It is also hard for someone to admit that they cannot take care of themselves like they used to. There is a negative connotation around nursing homes which, too, makes people apprehensive. Elders and family members alike may have concerns regarding the kind of care being administered. Like a person living at home, residents of nursing homes have rights and when those rights are denied, the facilities can be held negligent.
The elder population is growing rapidly. The World Health Organization estimates that by 2050, the population of people over the age of 60 years old will double. Today, 1 in every 6 people in the same age group have experienced some form of elder abuse. Family members are not excluded from elder abuse, but there is a high rate of abuse in nursing homes. In 2018, two out of three staff members in long-term living for elders admits to having committed abuse that year.
Can I Sue My Employer for a Work Injury?
When a serious injury or death occurs, holding the responsible party accountable is important. If a person slips at a grocery store or gets into a car accident, they may be able to file a personal injury lawsuit to financially compensate for medical bills and suffering. When an injury happens at work, or because of work conditions, however, employees cannot sue their employer. This is when workers’ compensation insurance comes in.
Workers’ compensation insurance is a requirement for most employers in Illinois no matter their revenue or company size. This insurance protects employees if they get hurt because of work, and offers benefits such as medical bills and lost wage coverage. For employers that do not have coverage, there is up to a $500 a day fine for each day of noncompliance - with a minimum penalty of $10,000. For employers that knowingly do not have insurance, the Workers’ Compensation Commission may issue a stop-work order until obtained coverage can be proven.
Asbestos and Product Liability in Cosmetics
When we hear “cosmetics” the first association is usually make-up. While lipstick, blush, and mascara are cosmetics, many other personal care products fall under the same umbrella concerning the U.S. Food and Drug Administration. Like any manufacturer, companies that produce personal care products have a responsibility to their consumers. When products are misbranded or contaminated, their customers suffer, and negligent companies need to be held responsible for a product liability lawsuit.
Under FDA standards, cosmetics include body lotions, shaving products, deodorants, tanning products, sunscreens, hair care products, hair dye, makeup, and more. Everyone uses cosmetic products, and due to the personal nature of them, faulty products can cause serious skin damage or illnesses. Cosmetics are regulated differently than food or medicine. The FDA does not approve products for consumers but keeps companies to standards for transparency and safety. For example, as of 2017, companies are required to submit ingredient lists of products to the FDA and they have the right to suspend products with safety concerns.
What Is Considered a Premises Liability Accident?
Getting injured at home would not likely result in a personal injury case. However, if a person got hurt in the home of someone else, or another public or private property, they may have a case if there was negligence on the land owner’s part. A premise accident is when a property owner has legal responsibility for an accident that happens due to neglecting to provide a safe environment.
Negligence when it comes to premise accidents has to do with a lack of action on the part of the property owner. For invited parties, property owners must keep a standard of care in maintaining safety. An accident can happen anywhere, but it does not necessarily mean someone is liable. These circumstances involving negligence are considered premise accidents.
- Slipping on ice: A safe property in the summer can turn into a danger zone come winter. Snow and rain will freeze to surfaces during the coldest times of the year. Even a person wearing snow boots may succumb to the icy footing. It is a property owner’s responsibility to make sure it is reasonably safe to walk on the property. Salt or sand can help create a more secure footing on stairs and other outdoor spaces. Slipping on ice can lead to a variety of injuries after a fall.
