The boy's mother is now suing the nonprofit group that arranged for the boy's trip. It is being alleged that the group negligently supervised the various aspects of the trip which would have included the boy's swimming in the pool.
]]> Though swimming is meant as a recreational activity for everyone, it can also be a dangerous one if it children are left unsupervised and safety protocol is not followed. As happens in Illinois swimming pools every year, even experienced swimmers can make mistakes and end up drowning.A swimmer can strike their head against the side of a pool or on the diving board, they can suffer a cramp or the onset of a sudden illness, they can be involved in accident with another swimmer, or they can simply go under and never come up. If this can occur to an adult, one can only imagine how dangerous it can be for a child that may not appreciate the dangers of being in a swimming pool.
For family members of individuals injured or drowned in swimming pool accidents, they may wish to discuss the matter with an experienced attorney in the area. What some may mistake as an unavoidable mishap instead may have been a needless drowning that could have been avoided if the proper safety measures had been taken.
Source: Courthouse News Service, "The Saddest Story," by Lisa Buchmeier, April 25, 2012
]]>The dog attack came about when a young girl tossed a ball for her dog to fetch and the pit bull then ran to retrieve the ball as well. When the smaller ball actually retrieved the ball first, the pit bull then clamped its jaws upon the smaller dog and started shaking it. Other individuals that intervened were unable to get the pit bull to let go and the smaller dog in time died due to its injuries.
]]> Even dog owners that should know better apparently let dogs with potentially dangerous propensities roam free. A Chicago police officer in particular should be well aware of the number of pit bull attacks that have occurred in the Chicago area during recent months. But like so many other dog owners, this individual apparently either thought the laws did not apply to him or was under the impression that his own dog would not participate in such a dog attack.Those injured in dog attacks may wish to consult with attorneys experienced in bringing litigation against dog owners. Such attorneys can at least hold dog owners accountable for not obeying the law and using common sense when it comes to dog ownership.
The victim of the above attack could just as well have been a small child rather than another dog. Dog attacks can often lead to more than just a scratch or a small bite. Often dogs will continue with the attack until major injury or even death occurs.
Source: Chicago Tribune, "Cop suspended over dog attack at Montrose Beach," by Jeremy Gorner and Deanese Williams-Harris, April 18, 2012
]]>Owens-Illinois and Chevron USA both are now finding themselves entrenched in a wrongful death lawsuit. Owens-Illinois is accused of negligently manufacturing and selling asbestos related products, and Chevron is accused of negligently exposing workers to the asbestos. The deceased woman that is the subject of the lawsuit was purportedly exposed to the asbestos through contact with her father's clothing as her father worked for Chevron.
]]> The dangers of asbestos exposure have long been known and we can no longer excuse businesses for not warning such individuals about the exposures to asbestos. Asbestosis, mesothelioma and lung cancer are just some of the maladies that can come about due to such exposure.That attorneys and their clients bringing such lawsuits are being tried and often successfully litigated is an indication of how significant the asbestos exposure problem truly can be. If the allegations of these suits are correct than it can be said that there is no such thing as any sort of safe exposure to asbestos.
People are dying simply by handling or washing the clothes of others that have worked with the asbestos. This is why asbestos removal projects are costing hundreds of thousands of dollars. Every precaution needs to be taken to prevent the workers from breathing in the asbestos fibers.
Source: The Southeastern Texas Record, "Suit alleges daughter exposed to asbestos through father's clothes," by David Yates, April 26, 2012
]]>The Houston Astros are currently being sued for purportedly not providing a safe stadium environment at Minute Maid Field. A baseball fan apparently fell down a wet ramp while making his way back to his seat. A security guard then came to the individual's aid and issued an apology for not putting up a sign warning about dangerous conditions on the ramp.
]]> When litigating a matter concerning slip and fall injuries the injured party first has to show negligence on the part of the owner of the premises before that person can generally recover. Though this may not always be easy to do, many attorneys experienced in trying slip and fall cases know how to locate signs that negligence occurred.One way negligence can possibly be shown is to demonstrate that there were slippery surfaces on the pavement with no warnings posted at or near the slippery area. Failure to correct a known danger - especially in public facilities - often results in individuals unknowingly stepping onto a slippery surface and falling to the pavement.
It must be kept in mind that slip and fall accidents often are extremely serious in nature and can result in debilitating head, neck and back injuries. Concussions, spinal cord injuries and broken bones are not at all uncommon when someone takes a spill. For elderly people, paralysis and even death often occur.
Source: Ultimate Spring, "Spring man sues after slip, fall during Astros game," by Glenna Herald, April 10, 2012
]]>Recently a fire began in the "Back of the Yards" neighborhood in Chicago. It is thought that the blaze began due to faulty electrical wiring inside of the building. The fire caused extensive structural damage as parts of various buildings collapsed. One building will likely have to be torn down as the fire spread to five storefronts, and at least six ambulances were called to the scene of the fire to provide medical services.
]]> Though the above fire was not deliberately set, owners of such buildings need to take conditions inside of the buildings seriously. Individuals work in the various stores and customers can be inside of these facilities. The risk of severe injury or death is high anytime such a widespread fire occurs.Particularly in Chicago where older buildings are kept in place to historic and aesthetic reasons, the problem of upkeep is always present. Some owners are guilty of major or minor neglect. In instances of major neglect buildings are often left abandoned by the owners. We wrote earlier about an abandoned building becoming the location of a fire where Chicago firemen were killed.
However, even minor neglect can lead to significant problems. Sometimes owners decide they do not want to pay the extra money to check on heating or wiring and this also can result in fires.
When injuries do occur because of neglect, victims of such injuries may wish to contact attorneys experienced in the area of premises liability. Injuries resulting from fires or building collapses can often be extremely severe.
Source: Chicago Tribune, "Officials: Extra-alarm blaze in Back of the Yards caused by faulty wiring," April 6, 2012
]]>As of today, the couple has raised more than $1 million for water safety training and swimming accident awareness. They have even written a book entitled: "Stewie the Duck Learns to Swim."
]]> One thing emphasized in their book is the teaching of children not to leap into the water without knowing how to swim. It also stresses the need for children to take swimming lessons, to wear a life vest and not go into the water without the presence and supervision of an adult.Since the book has now been in such demand, the parents decided to make the book into a free app available at the iTunes stores. The app was released on the very same day that the couple's child would have turned 25-years old.
Though means of prevention of swimming pool accidents would often seem like commonsense, that such accidents do continue mean that not everyone takes such precautions seriously. It could simply come down to individuals not believing that it could actually occur in their swimming pool.
The installation of fences around the pool to prevent children from gaining access and having an adult always watching over the pool are simply precautions that many such owners never think are necessary until a child or even adult actually drowns.
Source: The Wall Street Journal, "Swimming and Water Safety From Stewie the Duck," by Melanie Grayce West, April 29, 2012
]]>Hopefully the case of a California mother and daughter will remind such owners that they really do need to take precautions to make sure that their pets are restrained. These family members owned a pit bull that got through a fence and then attacked a 76-year old neighbor lady. As the result of the woman's death because of this dog attack, the mother and daughter now are facing involuntary manslaughter charges that could add up to close to five years imprisonment for each of them.
]]> The results of this mauling are particularly gruesome and remind us of why such dog attacks result in anything but just minor injuries. The woman was attacked on June 18th but did not die until Christmas Eve. In the meantime, she was forced to have her left arm amputated below the elbow and left leg amputated below the knee. Later, doctors were forced to amputate her entire right leg. Sadly, all of the lifesaving efforts were of no avail.Medical expenses alone for this elderly woman's injuries probably amounted to the hundreds of thousands of dollars. This does not even come close to accounting for the pain and suffering that she and her family must have endured. Simply keeping the dog on a leash and mending the fence would have prevented this incident from happening at all. This is why such dog owners must be held accountable by injured parties and their attorneys.
All the elderly woman was doing was going out to retrieve her morning newspaper. Nobody should be forced to endure the kind of suffering that then came about.
Source: 10News.com, "Mom, Daughter To Stand Trial In Fatal Dog Attack," April 23, 2012
]]>We've known about the extreme dangers of asbestos exposure at least since the 1960s, and the health hazards of such exposure have been well documented. As one official of OSHA stated, "Failing to take proper precautions when removing asbestos puts workers at risk for respiratory and other serious illnesses." Yet at this late date companies continue to require employees to handle asbestos as if such health hazards were virtually unknown.
]]> Asbestos exposure can lead to many serious and long lasting diseases. Many such diseases such as lung cancer, mesothelioma and asbestosis can be permanent and lethal and no employee should be expected to assume such risks.When employers tried to take shortcuts on safety, workers and their lawyers have the right to hold them liable for any injuries that can result. Employers do need to keep in mind that compensating victims for asbestos related injuries may require hundreds of thousands of dollars for medical expenses and 20 or 30 years of lost wages.
The above mentioned company not only failed to implement handling procedures for the asbestos, they failed to warn of the presence of asbestos and provide any awareness training for such employees. They did not have in place respirators, protective clothing or decontamination rooms. Considering the consequences of asbestos exposure, such neglect cannot be excused.
Source: Chicago Tribune, "OSHA hits A.M. Castle with $127K asbestos fine," by Becky Yerak, April 2, 2012
]]>According to a news report, a father was in the garden section of Lowe's home improvement store with his 8-year-old son and 1-year-old daughter, when his son slipped on the wet floor and broke his leg.
The father claimed the giant retailer was liable for negligence. The father charged that the retailer failed to either dry the floor, or place non-slip mats on the floor or warn shoppers with signage or other means that the floor was wet and slippery.
]]> As is sometimes the case in premises liability litigation, counter-allegations were filed. Lowe's filed a third-party complaint against the father. The store charged that the father was negligent by failing to properly supervise his son to prevent the slip and fall accident, and further that the son had underlying pre-existing medical issues.After three years, the negligence lawsuit has been settled.
The agreement calls for Lowe's to pay for the boy's medical treatment and attorney fees as well as $27,447.56 that will be placed in an annuity and paid to the boy when he turns 18.
A further condition that Lowe's allegedly requested is that the records for this case should be sealed. The father agreed to have the records of his minor child's lawsuit sealed, and now apparently the court must approve the sealing.
It was not stated why Lowe's and the father requested that the records be sealed, considering that the financial details have already been made public.
Source: The Sacramento Bee, "Negligence suit against Lowe's settled," Denny Walsh, April 18, 2012
]]>It appears that a series of mechanical failures may have contributed to the accident. It has been alleged that radio signals possibly interfered with the elevator's lift's control board, though this has been disputed by one of the workers. Tests conducted upon the elevator showed that such signals caused the elevator to move up and down very quickly. It also is apparent that a computer chip installed that was to slow the elevator if it moved erratically did not function as intended.
]]> The accident demonstrates some of the problems we have with advances in technology. While such technology can be used to enhance safety, these same innovations can bring along with it a new set of hazards that were not foreseen when new inventions were implemented. Also, manufacturers may rely upon safety features concerning such new technology without taking into account what will occur if certain components fail.Such accidents where a woman is crushed to death on an elevator cannot be allowed to occur. Manufacturers, of course, have a duty to test all features before being marketed to the public. If such companies put profits before safety they need to be held liable by injured parties and their lawyers.
Source: New York Daily News, "Elevator's erratic behavior in fatal accident," by Greg B. Smith, April 1, 2012
]]>Chicago police are looking for the owner as a number of witnesses snapped cell phone pictures of this individual at the scene where the mauling took place. The incident occurred while the owner of the Pomeranian and the owner's 12-year old girl were present. Other dog owners attempted to help, but nobody was able to get the pit bull to unclench its jaws until the owner of the pit bull showed up.
]]> Park rules stipulate that owners of dogs that attack other dogs are to fit the bill for any veterinarian costs. However, it's almost impossible for park officials to enforce such a regulation - especially when the owner of the offending dog refuses to leave his identity.If one's been attacked or bitten by a dog, it would be a good idea to contact an attorney experienced in dog bite type of cases. Such attorneys can help investigate the matter and advise an injured individual what their options are under state and local law.
Sadly, dog type injuries can often be quite severe and disfiguring. Owners of dogs that have dangerous propensities need to be held accountable because such individuals are ultimately responsible for what occurs. If it hadn't been another dog, the pit bull in this particular incident could just as well have attacked a child.
Source: Chicago Sun-Times, "Owner of pit bull sought after it kills small dog at Montrose Beach," by Maudlyne Ihejirika, April 5, 2012
]]>Though the assumption is often made that slip-and-fall accidents are generally minor cases, over and over again such accidents have resulted in severe injuries or disability. Such injuries can include broken bones or even spinal injuries and paralysis.
]]> Concerning the Wal-Mart suit, the injured party is now suing for past and future medical expenses, mental anguish, impairment, disfigurement and lost wages. The complaint filed in the above lawsuit concerns accusations of negligence maintenance on the part of Wal-Mart and a failure to warn of the dangers.Proving up slip-and-fall accidents is not always easy as evidence at the scene of such an accident can often disappear rather quickly. Also, receiving a medical evaluation for one's injuries should be completed soon after the accident to establish that said injuries were actually from the fall. It's therefore important to speak to an attorney soon after a slip-and-fall accident takes place so that a record can be built establishing exactly what occurred.
Slip-and-fall accidents often involve elderly individuals. It is important that business establishments understand that they owe a great deal of their business to elderly shoppers and should therefore make certain the premises is safe for such individuals to walk around safely without fear of tripping or falling.
Source: The Southeast Texas Record, "Man steps in pain, slips and sues Wal-Mart," by David Yates, April 4, 2012
]]>The hotel owner complains that little direction has been given as to how the chair lifts should be installed, and he's also concerned about the possibility of children using the chair lifts as a plaything. Because so many other public pool owners share these concerns, many of them are lobbying for an extension on the deadline requiring that such chairlifts be installed.
]]> The deadline is for pool owners to either have the chairlifts installed or have a sloped surface to the pool to provide access for the disabled was March 15th. The deadline has been extended to May 21 due to confusion as to how to comply with such regulations. Now there is the possibility that such a deadline will be extended until September.This proposed change follows a number of other federal regulations that were originally designed to keep pools safer including the upgrading of drainage systems to prevent swimmers from becoming entrapped. Such safety changes are often quite expensive and may require additional manpower. In addition, some of the chairlifts have been so heavily marketed by manufactures that not every pool owner is going to know which devices are or are not safe.
This shows that something seemingly as straightforward as pool safety can become entangled in controversies over financing and legislative red tape. Attorneys will continue to be needed to provide guidance as to what is and is not a safe or unsafe pool design.
Source: The State Journal-Register, "Public pool owners struggle to meet chair-lift deadline," by Natalie Morris, March 25, 2012
]]>An 88-year old woman from out east fell on an escalator resulting in her clothes becoming entangled in the machinery. As she was unable to entangle herself the clothes around her tightened and she died of asphyxiation.
]]> There were reports that this particular escalator had broken down a number of times during the past, and there had been talk of replacing the escalator before the economic downturn. One individual noted that the handrails of the escalator did not always move properly and this made it difficult for individuals to keep their balance while riding it up or down.Whether the various problems with the escalator contributed to this particular accident will need to be investigated. However, it's not difficult to foresee an elderly individual having difficulty navigating such a system - particularly if all of the components were not functioning correctly. Also, investigators or attorneys trying to figure out exactly how this accident occurred will want to determine if any safety features were in place to shut the escalator down in the event clothing did become entangled within the machinery.
We don't have enough information to know if anyone was actually at fault for what occurred here, but it is important to discover what happened in the event future incidents such as this can be prevented.
Source: CBS New York, "LIRR Officials: Elderly Escalator Victim 'Asphyxiated' at Lindenhurst Station," March 14, 2012
]]>This case is unique in that it will establish whether an employer owes a duty to other individuals than to those that work directly for the company. At question is whether the employer also had the duty to warn other individuals besides their direct employees concerning the dangers of asbestos exposure.
]]> The deceased woman was the wife of a railroad worker who purportedly came into contact with asbestos while on the job and working with the braking system and insulation present in the trains. The woman died in 2007, and the Illinois Supreme Court ruled that her family's lawyers should have the right to show that a duty was owed concerning the warning about asbestos dangers.Also at issue is whether the railroad company has immunity in this suit against being sued by anyone other than their employees. Though immunity apparently does exist, it must now be decided whether such immunity extends as far as not being responsible for informing others about the dangers of asbestos.
It would be impossible to predict the outcome of this case without knowing all of the facts unique to this circumstance. Did the railroad know or not know of the dangers of asbestos when the claimed exposure took place? How far does the railroad's immunity actually extend? All such questions will have to be debated by the attorneys for each party in what will likely involve very intricate arguments.
Source: TheTelegraph.com, "Supreme Court ruling crucial in 'take-home' asbestos cases," by Sanford Schmidt, March 25, 2012
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