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October 2014 Archives

Premises Liability And Tort Immunity

When suing a local public entity including a municipality or its employees we need to refer to the Tort Immunity Act. 745 ILCS Section 10/3-102 provides that a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people whom the entity intended and permitted. This section further provides that a public entity is not liable unless it is proven that it has actual or constructive notice of the existence of a defective condition on its premises. This section of the tort immunity act only applies to defective conditions due to ministerial functions and does not apply to defects that are result of exercise of discretion and/or policy determinations. 

Transvaginal Mesh - the quick fix with no quick fix

Numerous "big-pharma" companies marketed various transvaginal mesh products to tens of thousands of women and their physicians claiming that it would be a "quick fix" for pelvic organ prolapse, stress incontinence, and other related medical issues. In theory, a simple piece of mesh would be implanted into the woman's body to support the pelvic organs. Now these same women who had hoped for an answer to health concerns are being adversely affected by serious complications and problems associated with the mesh. These complication are both painful, and very difficult to fix.

The Value Of An FCE

When an individual sustains a work related injury, many doctors including orthopedic doctors, neurosurgeons and pain specialists after treatment for the injured worker, has to make a determination about the injured worker's ability to return back to work and whether or not he or she can do that job safely and with little as pain as possible. These doctors are often times concerned about rendering such medical opinions about a person's ability to return back to work or not return back to work in extreme cases, so they have to rely upon other resources in order to assist in making that determination.

Dog Bite Laws in Illinois

At common law in Illinois, if a person was bitten by a dog and suffered an injury, he could only recover for his damages if he could prove the dog had previously shown a disposition to "bite mankind," and that the dog's owner had notice of this disposition, such as knowledge that the dog had bitten someone before. Absent evidence of a dog's vicious propensities, he was presumed to be "tame, docile, and harmless." Additionally, the injured person could not recover for his injury if he knowingly approached the dangerous dog, or provoked him. The liability of the dog owner was through an act of negligence, and only if he harbored a "vicious dog". The burden of proof was on the injured person.

Inhalation Injury and the Notice Requirement under the Illinois Workers Compensation Act

The Appellate Court for the Fourth District of Illinois reversed the judgment of the Circuit Court and Illinois Worker's Compensation Commission on all issues in a case involving an inhalation injury, but most notable was reversal of the finding that the claimant had not provided notice of the work injury to his employer within 45 days, which is required by the Illinois Workers Compensation Act.

Premises Liability and Tort Immunity

When suing a local public entity including a municipality or its employees we need to refer to the Tort Immunity Act. 745 ILCS Section 10/3-102 provides that a local public entity has the duty to exercise ordinary care to maintain its property in a reasonably safe condition for the use in the exercise of ordinary care of people whom the entity intended and permitted. This section further provides that a public entity is not liable unless it is proven that it has actual or constructive notice of the existence of a defective condition on its premises. This section of the tort immunity act only applies to defective conditions due to ministerial functions and does not apply to defects that are result of exercise of discretion and/or policy determinations.

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