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When Is A Store Owner Liable For A Customer’s Injuries?

Premise Liability AttorneyRisk of Liability for Storeowners

Retailers are constantly at risk of liabilities most of which involve their customers. Generally, as property owners, they have a duty to ensure their property does not contain hazards. According to Illinois law, their customers are basically ‘invitees’ who are entitled to a reasonable amount of care while they are on said property.

So yes, if a customer is injured on their property, retailers can be held liable for damages. This can include hazards they created knowingly or unknowingly, which they failed to eliminate in a timely manner.

The Importance of Premise Liability

Areas, where customers should be safe from harm, include dressing rooms, parking lots, aisles, and restrooms. All these areas should be maintained on a regular basis to ensure they are free of hazards. If a retailer fails to do this and a customer gets injured because of his/her negligence, they can be sued.

This is called premise liability and the level of care that the retailer should have shown will depend on whether the injured party was:

An invitee – Someone who was invited onto the property for the benefit of the owner (such as customers).

A licensee – Someone who was allowed to enter the property to visit the owner for personal reasons.

A trespasser – Someone who entered the property without the consent of the owner. The property owner does not owe them a duty of reasonable care. 

The Case for Slip and Fall Accidents

The most common injuries in retail stores are usually the result of slip and fall accidents. The accident typically occurs when an individual slips on a foreign substance or because of a hazardous condition in-store. This can be from anything from spilled milk that was not cleaned up in a timely manner to broken tiles that the retailer did not replace in time. You can also sue for additional damages if the property owner did not place warning signs around such areas.

Personal Injury Attorney

If you slipped and fell in a retail store and suffered from injuries that could have been avoided, you have the right to claim compensation for your pain, suffering, and medical costs. The Law Offices of Robert T. Edens has over two decades of experience protecting the rights of accident victims such as yourself. Get in touch with us for an in-depth consultation today! Do not hesitate to reach out to us at our offices in Libertyville, Waukegan, Woodstock, and Antioch, Illinois.

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Slip and Fall Accidents in Winter Weather

Wisconsin Slip and Fall AttorneyIf you slip and fall in front of or on someone’s property during winter because they allowed snow and ice to accumulate, you may not be able to sue for damages. According to the law, property owners are not liable for allowing snow to accumulate on their driveway.

So, it stands to reason, they are not liable for anyone who slips and falls on said ice and snow. This also includes melted snow, which turns into puddles. It is also considered to be a natural accumulation, which property owners are not responsible to clean up.

(This has nothing to do with Illinois’s Snow Removal Service Liability Limitation Act. The act is meant for ice and snow removal companies, not property owners).

Safety Tips

In other words, if you don’t want to pay for your injuries out of pocket, you should consider the following safety tips when you are out walking in the cold:

  • Take short steps when you are walking on a slippery sidewalk.
  • Wear proper footwear that can prevent slips and falls. This includes heavy boots or spiked footwear. Slippers will not work.
  • When you enter or exit your car, make sure you have at least three (3) points of contact with equipment to stabilize yourself.
  • Keep an eye on the path in front of you and keep a lookout for potential risks.
  • Slow down at exits and entrances to buildings. These areas are often the slipperiest.
  • Try not to carry heavy items or keep your hands in your pockets. You will need both hands free if you start to slip. You will prioritize fall prevention rather than your goods.

A slip and fall accident can lead to serious injuries which can be paralyzing or worse. This includes fractures, torn ligaments, head injuries, leg injuries, and spinal injuries.

If you have suffered from these injuries in a store because the owner did not clean up a puddle or spilled products, you deserve compensation. Just get in touch with us at the Law Offices of Robert T. Edens for an in-depth consultation for your case and we will assign an experienced attorney to you.

Whether you suffered from a spine injury that has left you paralyzed or a fracture, you deserve to be compensated for your pain and suffering. We will thoroughly analyze all of the facts we have at our disposal and are not afraid to get aggressive if need be. You can reach us at our offices in Libertyville, Waukegan, Woodstock, and Antioch, Illinois.

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Can Rental Companies Be Held Liable For Accidents Involving Their Vehicles?

Rental Car Accident AttorneyDepending on the circumstances surrounding the accident, rental companies can be held liable for collisions that involve their vehicles. If the accident caused injuries or proved to be fatal, the compensation can be astronomical.

While rental companies are usually not held liable for this in Illinois (since the customers who use their vehicles are not employees), they can still be held responsible for unsafe practices. For example, a rental company can be held liable for a crash if the driver does not have a valid driver’s license. That’s because Illinois is an ‘at fault’ state.

Who is Responsible for Accident Coverage?

Generally, the person who caused the accident (or their insurance company) should provide compensation to cover the injuries and damages. So if you are driving a rental and another car speeds through a red light and crashes into you, the driver of the other car should pay up.

If they are driving a rental and chose insurance to pay you for damages, an extra insurance policy also comes into the picture. How it applies to your particular case depends on the facts mentioned in the insurance contract. For example, an accident involving a rental car may involve coverage from the following:

  • The credit card used to pay for the rental.
  • The driver’s vehicle insurance.
  • Your own car insurance provided you were not driving the rental.
  • By the rental company.

As mentioned before, your rental company can be held liable if they entrust a vehicle to a driver who does not have a valid driver’s license or has an expired or suspended one. This is understandable since you will have given the vehicle to an individual who may not be a good driver, is negligent or reckless in their driving. There is a reason why they don’t have a valid license after all.

Get An Experienced Car Accident Attorney!

So if you were involved in an accident with a rental car, you have the right to demand and receive damages for injuries and property damage. Get in touch with us at The Law Offices of Robert Edens for an experienced attorney today. From the time the accident occurred the insurance company for the at-fault driver will be working to reduce your claim. We can protect your rights and ensure they don’t get the better of you with aggressive representation. You can reach us at our offices in Libertyville, Waukegan, Woodstock, and Antioch, Illinois.

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How You Can Stop Your Car if the Brakes Fail

auto accident attorneyImagine you are traveling at the maximum speed limit on the freeway and when you put your foot on the brakes – nothing happens. Your heart will start beating fast and you’ll start to panic. However, you can prevent a serious accident by following these tips.

Get Out of The Way of Traffic

Other drivers don’t know your brakes have failed so they won’t know you are in distress. Signal left or right if you want to switch lanes and try to ease into a gap. Try to maneuver your vehicle to the shoulder of the road, which is where you are least likely to be hit by oncoming traffic.

Pump the Brakes and Turn on Your Hazard Lights

If the brake pedal goes all the way down to the floor, pump it a few times and then push it all the way to the floor. It may slow down the car a bit. Turn on your hazard lights as well to warn other drivers to proceed with caution and to pay attention to what your vehicle is doing.

Take Your Foot Off the Gas

Take your foot off the gas to slow down your vehicle with gravity and friction. Also – if your cruise control is engaged, switch it off. It should turn off automatically as soon as you touch the clutch or the brake, but better to be safe than sorry.

Shift into a Lower Gear

If you are driving a manual vehicle, press the clutch and downshift into the next lowest gear to slow down the car. Do not ease up, even if you feel it slowing down. If you are driving an automatic car, shift to second gear with the gear selector and then to first gear.

Pull Over

Once the car has slowed down enough to ensure it won’t roll when you change directions, look for a place off-road to pull over. Your aim should be to limit the damage as much as possible so getting off the main road if your priority. If you find it, pull over to the shoulder onto a patch of dirt or grass.

Personal Injury Attorney

Besides brake failure, negligent drivers can also cause serious harm to you and your vehicle. If you have been involved in an accident and the at-fault driver refuses to pay damages, get in touch with us at the Law Firm of Robert T. Edens today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville, and Antioch, IL.

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The Holidays, Hospital Visits and Burns

Personal Injury ChicagoThe holidays should be a time when you relax and get together with loved ones. However, there is a reason why medical staff doesn’t get those days off. The emergency room is often filled with patients during this time who let the festive season get the better of them. From cooking family meals, to overindulging – the holidays are a time of extra caution.

Some common issues ER doctors and nurses come across during the holidays include the following:

Cuts and Lacerations

Carving a turkey can be a challenge. If you are not proficient with a knife, you can get seriously injured or injure someone else. Knife wounds are a common injury during Thanksgiving. Common injuries include deep cuts and lacerations that may or may not require stitches.

Serious Burns

Besides baking a turkey, some people prefer to deep fry their turkey to get a delicious crust. However, if the bird is partially frozen or wet when it hits the hot oil, the bird can catch on fire or even explode. The explosion, combined with flying, scorching oil, can singe eyebrows and cause third-degree burns on the face and other parts of the body. People also get burned if they accidentally drop boiling hot gravy on themselves or if they grab a hot pan without an oven mitt.

Food Poisoning

Leftovers from Christmas or Thanksgiving meals can spoil if they are kept at room temperature for too long. Consuming them can cause food poisoning. Similarly, a large turkey left out to thaw for hours can spoil and the high oven temperature or hot oil may not be enough in destroy the resulting bacteria. In fact, even roast chicken that is not cooked through can cause salmonella poisoning, which can be life threatening.

If you suffer a serious injury during the holidays and head to the emergency room, the last thing you want or expect is negligent medical staff. Medical malpractice is not uncommon during the holidays. If you think your injuries worsened because of improper medical procedures or negligent staff, you have the right to sue for damages.

Get in touch with an attorney at the Law Offices of Robert T. Edens for a consultation today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL. We have decades of experience representing clients who suffered because of a significant injury or death that could have been avoided if it weren’t for medical negligence.

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Calculating Pain and Suffering Damages

Personal Injury AttorneyAn accident can have far reaching repercussions stemming from the injuries and experience of the car crash itself. If you find yourself involved in a car accident and are in recovery, basic daily activities can be challenging and pain may prevent you from sleeping, which can compromise your quality of life. This is the main reason why pain and suffering are calculated when it comes to insurance.

How Pain and Suffering is Calculated

In Illinois, pain and suffering means the physical pain and mental suffering caused by a personal injury. This can include physical discomfort, as well as mental anguish, such as depression, resulting from the pain or because of frustration if the victim is physically disabled during recovery. It is categorized as non-economic harm since no formula exists to calculate it.

When your attorney is ‘calculating’ the compensation you need and deserve for your pain and suffering, he/she considers the extent of the damage it caused. This includes:

  • Permanent impact of injuries
  • How injuries affect your daily life and activities you normally do
  • How injuries impact your career and work for the future
  • The nature and extent of injuries
  • The lack of interest you display for hobbies and recreational activities due to mental and physical agony, which is the result of the injury
  • Acute pain and discomfort caused by injuries

Pain and suffering affects different people in different ways. Some may be able to heal faster from a broken leg, while others (such as people who suffer from diabetes or other illnesses) may take longer to heal. Still others may not be able to withstand the pain and can end up harming themselves due to the trauma the experienced. These factors are considered when a value is being assigned to a claim.

However, the procedure is complicated because there are no bills and receipts that can physically show how much the victim is suffering. Your attorney will use a multiplier method to calculate economic damages you face. If the insurance company refuses to pay the amount, you have the right to sue them.

Personal Injury Attorney

If you or someone you care about is facing a similar dilemma, get in touch with our attorneys at the Law Offices of Robert T. Edens today. We have years of experience representing personal injury victims in court and have a solid track record of success in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL.

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Driving Safety Habits You Should Teach Your Teen

Personal Injury AttorneyLearning how to drive is a teenager’s greatest milestone. It makes them independent and as a parent, it shows you teen that you trust them on the road. However, even if you are excited to see your children grow up and reach this landmark, you cannot help but feel nervous.

As a parent, you have the authority to take away driving privileges if they are younger than 18 years of age. However, teaching them the following safety tips will be much more productive:

No Drinking and Driving

The legal drinking age in all states is 21 years old, however, some teenagers can and often do break that law. Drinking and driving is one of the main causes of auto accidents and results in fatalities more often than injuries. Make sure your teen understands the consequences of being intoxicated while driving. If they don’t, feel free to take away the keys.

Do Not Ignore the Seat Belt

Making sure all passengers in a vehicle wear their seatbelts not only reduces bodily injury, it will ensure your teenager does not incur expensive fines, which you may have to pay. Your teen’s driver’s license may also get suspended if they are discovered driving without a seatbelt.

Cell Phones Are Off Limits While Driving

Using a cell phone while driving is as dangerous as drunk driving. It can get your teen killed or result in death or seriously injury for other drivers and pedestrians. Illinois laws prevent the use of hand-held devices, texting, and the use of other electronic communication while driving. While hands-free devices are allowed for drivers who are 19 years old or older, ensuring your teen does not use one at all while driving can prevent serious accidents.

Always Watch Your Speed

Most drivers exceed the speed limit. However, if your teenager is caught speeding by the police, you should immediately revoke their driving privileges. Teenage drivers are still in the learning phase. They may lose control of the car while driving at high speeds. As a parent, lead by example and never break the speed limit when they are with you – no matter how tempting it is.

Personal Injury Attorney

If you or your teens have been involved in a car accident because of the negligence of another driver and the insurance company refuses to pay compensation, get in touch with us at the Law Offices of Robert T. Edens today. We have 20 years of experience representing victims like you in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL.

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Top Ways to Protect Children During A Car Ride And Reduce Injuries In Case Of An Accident

Personal Injury AttorneyA car accident can do serious damage – not only to your vehicle, but you and your fellow passengers as well. If those passengers happen to be children, the lifelong repercussions of an accident can be heartbreaking.

According to Illinois law, children who are younger than eight years of age have to be restrained in a child safety seat. This piece of safety equipment can prevent serious injuries or worse. Here are some you should be aware of:

Types of Child Safety Seats

If you are aware of the terminology, determining which seat your child should have will be easy.

Rear-Facing Car Seat

This car seat is ideal for small children or infants as it provides the maximum restraint required to prevent injuries during a collision.

Forward-Facing Car Seat

Once your child is too old for a rear-facing seat, purchase a forward-facing car seat. It comes with a harness, which can prevent a child from pitching forward during impact.

Booster Seat

This is a good seat to help your young child transition from the forward-facing seat. It allows children to use a regular seat belt, according to their height. At a young age, children are not old enough to wear only a seatbelt.

In Illinois, children can start wearing a regular seatbelt when they can rest their back easily against the seat and bend their knees over the edge of the seat. Depending on the growth rate, this can include children who are eight to 12 years of age.

How to Protect Children During a Car Accident

If you find yourself in a car accident and your children are with you, their safety should be prioritized. Whether they are aware a crash has occurred or not, provide them a verbal assurance so they remain calm and grounded.

If a serious crash is inevitable, tell them to duck and tuck their heads against the seat in front of them. Also make sure safety locks are engaged before you head out. Doing so can ensure your children will remain seated until it is safe to respond.

After the crash, if you are able to, move the vehicle to the side of the road and turn off the engine. Ask your children if they are safe and contact emergency services. This routine will calm you and keep you grounded, something your scared children will need at the time.

Personal Injury Attorney

If the driver of the other vehicle is at fault and refuses to cooperate when you ask for their insurance information, get in touch with an attorney at the Law Offices of Robert T. Edens. We have more than 20 years of experience fighting for the rights of accident victims such as yourself in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

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How Dog Bites Victims Share Some of the Blame

Personal Injury AttorneyIf you were bitten by someone else’s dog and it caused an injury, you have the right to file a lawsuit against them to claim damages you need and deserve. If you do, chances are the owner and his/her insurance company may try to dispute your claim. They may argue you were partly to blame for the attack and thus do not deserve any form of compensation.

Illinois Comparative Negligence Law

The state of Illinois has a modified comparative negligence law stating that the amount of compensation a dog bite victim is eligible for can be reduced, depending on their actions at the time of the attack. In other words, the amount you receive in damages can be less than what you expect if it is found you were responsible for the attack.

For instance, if you were 20 percent at fault for the animal’s action because you ignored the ‘Beware of Dog’ sign or trespassed on the owner’s property or tried to pet the dog without asking the owner, you will receive 20 percent of the compensation. If you are 51 percent at fault for the attack on the other hand, you will not receive any compensation at all.

According to state law, you can actually be found more at fault than the dog that attacked you if it is discovered you provoked, attacked, abused or disturbed the dog while it was protecting its litter of puppies. If you cannot prove you were not at fault, your case can be thrown out completely. Plus, the owner and his/her lawyer will do everything possible to ensure this happens by twisting your words and bringing the liability of you claim under question.

You must understand that even if you accidentally stepped on a dog’s paw, it can still be provocation on your part. Having a lawyer who is familiar with such cases can ensure your side of the story is heard in court and you receive maximum compensation for your pain.

Personal Injury Attorney

This is where the Law Offices of Robert T. Edens will prove invaluable. We have years of experience representing victims like you in dog bite cases and can help you hold the owner accountable. What happened to you can happen to someone else if the owner is not held liable for your pain and anguish. Get in touch with us for a consultation today. We offer our services in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.

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COVID-19 and its Effects on Nursing Home Residents

Personal Injury AttorneyThe COVID-19 pandemic has decimated the world population and has put enormous pressure on healthcare systems as it tries to stem the tide. However, the most tragic impact has been on society’s most vulnerable individuals, the old and frail who reside in nursing homes. Even with family members in quarantine and practicing social distancing protocols (SOPs), the geriatric population is highly susceptible to the virus.

Susceptibility of Nursing Home Residences to COVID-19

Nursing home residents are usually senior adults who suffer from multiple impairments and other serious illnesses. As such, their immune system is already compromised, making them highly susceptible to various virus, including COVID-19.

Also, nursing home residents live together in close quarters, making quarantining a challenge – if not impossible. Once a resident falls sick, others must remain away or risk getting sick themselves. However, since the sick are old and frail, they need around-the-clock care from nursing home staff – who may or may not be equipped with protective gear.

Staff members also must care for other residents as well, allowing infection to take over an entire nursing home. Limiting the spread of COVID-19 can be impossible in a situation where SOP can prove fatal for residents. Because most nursing home staff do not receive sick leave, they may have to work – even if they experience symptoms, or risk losing pay.

All these reasons lead to an outbreak, which adds additional pressure to care staff, which can result in creating workforce shortages. Unfortunately, the healthcare industry already has a high turnover rate and attracting dedicated staff is a challenge due to low wages and a demanding work environment. If the remaining staff fall ill, they have to self-quarantine, which can take an emotional and physical toll on senior residents.

To fill the gap, nursing homes may hire poorly trained or unmotivated staff on a contract basis resulting in the newly hired staff to not provide the level of care residents need and deserve. Unmotivated staff can also cause injuries to the residents – either without meaning to or because they are not well-trained.

Personal Injury Attorney

If you have a parent or other senior family member who is in a nursing home and you believe they have been neglected or abused, take action today. Call us to book an appointment with attorney Robert T. Edens for a free, honest and zero obligation consultation. Do not let your loved ones suffer in silence. We have years of experience representing elderly victims who have been abused by negligent nursing care facilities in Chicago, Waukegan, Woodstock, Libertyville and Antioch, IL.