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Personal Injury Archives

Federal recall of hoverboard brand follows 2 child deaths

Almost everyone who was growing up in the 1980s and 1990s dreamed of one day cruising around the hoverboards from Back to the Future II. Many companies decided to capitalize on the concept's popularity by manufacturing versions of a similar device. These hoverbaords, which actually have wheels, have been incredibly popular.

Recent Illinois Supreme Court Decision Clarifies Illinois Snow and Ice Removal Act

On December 1, 2016, the Illinois Supreme Court issued its opinion in the case of Pamela Murphy-Hylton v. Lieberman Management Services, Inc., et al., 2016 IL 120394. The case arises out of a claim by the Plaintiff, Pamela Murphy-Hylton, that she slipped and was injured while walking on the sidewalk outside her condominium. Ms. Murphy-Hylton alleged that a defective condition and negligent maintenance of the property created an "unnatural accumulation of ice" that caused her to fall. The trial court initially granted judgment in favor of the Defendants, Lieberman Management Services, Inc. and Klein Creek Condominium finding that the Illinois Snow and Ice Removal Act (745 ILCS 75/0.01) provided protection and immunity to the defendants. On appeal, the judgment was reversed. The matter was appealed to the Illinois Supreme Court, who has agreed with the appellate court.

Electronic Logging Devices Look To Become Mandatory

In an important decision, the 7th Circuit Court of Appeals in Chicago (covering Illinois, Indiana and Wisconsin) upheld a federal mandate that requires truckers to install electronic logging devices (ELD). Unless the plaintiff in the case (Owner-Operator Independent Drivers Association) appeals the decision to the U.S. Supreme Court, the mandate will become effective as of December 18, 2017. The new regulation specifically exempts trucks manufactured before the year 2000. Drivers of trucks with ELDs will no longer be required to maintain paper logs.

New Computer Tools Aid In Diagnosing Concussions

How can you tell if a person has suffered a concussion after a fall or blow to the head? It's not always easy. A doctor must administer an array of tests to measure a person's cognitive abilities, such as memory, reaction time and word skills. The doctor may also order a CT scan or MRI to see if there is any internal bleeding in the cranial cavity.

Illinois's Public Duty Rule Abolished by Supreme Court:

The Illinois Supreme Court (the highest court in the State) received voted to abolish the common-law "public duty rule." Illinois's long-standing public duty rule provided local governmental entities and their employees with immunity from lawsuits by holding that they owed no duty of care to provide governmental services. This meant that local governmental entities could not be sued for failing to provide police and/or fire protection to individuals or groups, such as failing to arrive within a certain time.

Don't Wait to Seek Treatment

For the average individual involved in an automobile accident, there are undoubtedly a million things rapidly spinning through your mind immediately following the collision. The last thing is usually "how can I bolster my lawsuit." Unless an individual is catastrophically injured such as sustaining broken bones or an impact that results in loss of consciousness, enough adrenaline is usually pumping through your bloodstream, which helps you to deal with the emergency, to get you through the next couple of days. Consequently, you may not feel any pain immediately. Furthermore, many soft-tissue injuries such as neck or low-back strains, may not begin to show symptoms for days, even weeks, following your accident.

How does bankruptcy effect worker's compensation and/or personal injury claims?

I am often asked about how a client's worker's compensation or personal injury claim will be affected if they decide to file bankruptcy. When asked that we always have to sit down and discuss the specifics, but what does not often come up is what impact a new worker's compensation or personal injury claim may have on a previously filed bankruptcy.

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