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September 2014 Archives

Question of fact: Did the location of a stove in an apartment cause injuries to child

An Illinois Appellate Court has recently reversed the decision of a Cook County Circuit Court Judge entering summary judgment in favor of a property owner and property manager on the grounds that the injured plaintiff, a minor child, had presented sufficient facts and evidence to show that the placement of a gas stove in the apartment where the minor child was living could have proximately resulted in the minor's injuries. The plaintiff had engaged an architectural expert to testify under oath that the stove's placement created an unreasonable hazard and could have contributed to the plaintiff's injuries when the minor's shirt caught fire as he walked past the ignited gas stove. 

The Tort Immunity Act and The Common Carrier

The Tort Immunity Act was created in an effort to protect government entities from payment for claims resulting from negligent acts or omissions of their employees. This Act also applies to public transportation companies such as public bus services. However, public transportation vehicles such as buses are what is known as "common carriers." A common carrier is anything or anyone that transports people or goods from one destination to another. There are common law and statutory duties imposed on public transportation services with regard to the safety of their passengers, and the law holds them to the "highest degree of care consistent with the type of vehicle used in the operation of that business."

Mold Exposure and Injury

Multiple inquiries have been made recently regarding compensation in tort for exposure to toxic mold. Many people are exposed to toxic mold in their homes without their knowledge. Not all mold is toxic, but unfortunately, individuals cannot know for certain without scientific testing.

Election Time!!

Tuesday, November 4, 2014, is United States General Election Day, including gubernatorial elections. Thirty-six states and three territories will elect a new governor on this day, Illinois being among them. Elections are notorious for being fiercely fought and immersed in controversy, with some ending in landslide victories and others decided by the narrowest of margins. The current horse-race in Illinois, between incumbent governor Pat Quinn (D) and Republican candidate Bruce Rauner, has proven to be no less harsh than some of the most cut-throat presidential races of our nation's history, as Illinois constituents watch in anticipation from the side-lines.

Transvaginal mesh and bladder sling litigation picking up speed

Numerous women throughout the United States have been the recipient of an implanted vaginal sling that was designed to repair pelvic organ prolapse and/or stress urinary incontinence. The slings and mesh products have been developed and marketed by a number of companies, including Johnson & Johnson. Reports of problems with the mesh and sling devices began pouring in shortly after these products became widely used. Complications may include infection, erosion of the mesh, continued urinary problems, pelvic pain, hardening of the mesh material, and injuries to nearby organs.

Nanny Charged With First Degree After 3-Month Dies from Skull Fracture

As a single-parent myself, we often rely on the advice and recommendations of others when it comes to finding quality child-care. Recently, a parents' worst-nightmare was realized when their 3-month old died while under the care of a Chicago-land babysitter. The parents had relied upon a nanny screening service to perform a background check and hire the babysitter. The parents have recently filed a wrongful death suit against not only the babysitter, but the nanny screening service as well. The service's alleged failure to perform an adequate background check led to the parents' hiring of a babysitter who had previously used an alias, had a DUI conviction, and at least two other legal run-ins.

New Regulations Related to Pain Medication

Many injury victims will now face additional obstacles in obtaining access to pain medication prescribed by the doctors. This is because in October, the FDA has changed the classification of Vicodin and other medications that combine hydrocodone with Tylenol and other medications to fall into the same category as straight hydrocodone. To understand this, you has to understand that drugs are classified by the FDA under a 5 tiered schedule. Schedule I drugs being the most restricted and Schedule V drugs being the least restricted. Schedule I drugs are those which are deemed to have no current medically approved application in the United States AND which display a high potential for abuse and addiction. No doctor may write a prescription for Schedule I drugs which include substances such as heroin and LSD.

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