Posted on

Understanding Product Liability in Personal Injury Situations

Product LiabilityThere are times when you can get injured because of using a particular product. It is important to understand that if you can prove that your injury is caused by a defective product, you can hold the vendor legally accountable and obtain compensation for your medical and other incurred expenses. Here are some more details of how product liability may apply in personal injury situations.

What is Product Liability?

Product liability is a legal concept where product manufacturers, suppliers and retailers are responsible for any injury which is caused using the product. The product liability is a concept that saves people from harmful products, which are not designed properly to provide an environment where they can be safely employed.

The concept of public policy is that no product should be dangerous by design. A product may also cause an injury due to poor manufacturing or the inability to inform the user about the risks involved with the use of the particular product. You can hire a product liability attorney and make a case which can then raise awareness about an issue and all product users can benefit from it.

Legal Theories

There are two legal theories in Illinois which can form the basis of a product liability lawsuit. Although hiring a personal injury lawyer will allow you to choose the right option, knowing more about these legal theories will help you select the ideal course of action.

Negligence

The negligence theory describes that you can produce legal proceedings if you can prove that the seller or the manufacturer had to provide a duty of care with their products that caused an injury. It must also be proven that this duty was breached and it was caused by an error or product problem that was known to cause such an injury, meaning that it was avoidable with the right duty of care. The injury that you suffer must be the one, directly caused by the problematic product. The duty of care can lie on either the manufacturer, the distributor or the seller of the product in different cases.

Strict Liability

This is a special law, which describes that a plaintiff has a case if they can prove an injury resulted from a defective productive, where it was clearly dangerous for the user. The strict liability theory can be applied to a defective product. The defect must have been present at the time the product was still under the control of the manufacturer who could have detected the problem to remove the product from the distribution. An experienced personal injury lawyer can help you identify the right legal action and make sure that you are covered in a product liability case.

The Illinois Law

The Law No. 735 ILCS 5/13-213 of the Illinois General Assembly describes the details of product liability. It describes how a plaintiff can apply the product liability action using various legal theories that may all suggest a condition where the product had a defect which changed its characteristics from its normal working order.

Personal Injury Attorney

If you suffered a personal injury due to product liability in Illinois, the Law Offices of Robert T. Edens, P.C. is great for obtaining legal representation. Contact us at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

Avoiding Common Truck Accidents This Winter

Trucking Accident LawyerTruck accidents are dangerous and often cause damage to property, and even loss of life. It is important to understand the common truck accidents and the ways in which you can avoid them. These auto accidents are the most expensive and you may need the support of an experienced truck accident lawyer to receive compensation from an insurance company. Here are some truck accidents and the ways to avoid them:

Load Accidents

Trucks are designed to carry heavy loads. It is common to have accidents that occur due to these loads. An accident may happen if the load is not secured properly, which leads to increased risk for the truck and the nearby vehicles. This is often the case, when the load has the potential to tip or fly away if it is left unsecured.

You can avoid becoming a part of such auto accidents by ensuring that you maintain your distance from trucks and give yourself the maximum time to avoid an unfortunate accident. However, if you still suffer an accident, an experienced auto accident lawyer in Illinois can ensure that you receive the maximum benefits for your monetary loss.

Slippery Road Conditions

Snow during the winter can create extremely difficult road conditions. These conditions can be extremely severe for truck drivers, who find it difficult to control their large vehicles. Trucks can only avoid accidents in such weather by not traveling on the road. However, sometimes the weather can catch them off guard and put the drivers in a situation where they are suddenly traveling on a road without grip.

Truck drivers cannot move their vehicles swiftly because of their size, and therefore, it is your duty as a motorist to give them as much room as possible, especially in tough road conditions. You should adjust your speed according to the weather and go as slow as you can. In fact, if you find that it is hard to control your vehicle, especially when there are heavy vehicles present on the road, park your car in a suitable spot to avoid an accident.

Driver Error

You can follow your lane, make sure to keep your distance from a truck, and drive within the speed limit. An error in not following these steps may put you in the harm’s way. Therefore, driver error is one reason for truck accidents. You will need to hire an auto accident lawyer in such a case, in order to ensure that your rights are protected as an innocent driver. Remember, truck drivers do not cause most of the errors intentionally. Truck drivers get distracted, especially in difficult driving conditions or if they are passing through an intersection, resulting in an accident.

You can decrease your risk by following all the rules of the road. If you give enough space to trucks, you will be able to make better decisions and stay safe, even if the truck driver makes a mistake. However, there are always situations, where you will have to employ the services of an auto accident lawyer in Illinois.

Personal Injury Attorney

You may be involved in an auto accident in Illinois and find yourself in need of legal support. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

Understanding the Responsibility and the Visitor Actions for Premises Liability Cases

Premises Liability AttorneyWhen you have a visitor on your property, you automatically are liable to make sure that nothing on your property may cause them a personal injury. This concept is the basis of all premises liability cases. You as a building occupant are responsible for creating a safe environment and ensuring that visitors are aware of the dangers present on the property and can avoid them with advance knowledge.

If you are a victim of a premises liability scenario, then you need the support of an experienced personal injury lawyer in Illinois to prove that the responsible person was negligent in their duty. Here are some important elements to understand for instances of premises liability.

Negligence of the Responsibility

Most premises liability cases happen because the occupants of a building/property have been negligent in taking care of the premises. This means that they leave various dangers out there which may cause a person to get seriously injured. When this happens to you, you are entitled to receive compensation due to the negligence.

However, you must pursue a case for obtaining the required compensation for a personal injury received due to the negligence of responsibility. A reputed personal injury lawyer in Illinois can help you come up with an ideal case to ensure that all your financial losses are properly communicated. This ensures that you receive the maximum benefits from the responsible party.

Duty of Care

The concept of duty of care explains how the property owners or residents are responsible for the safety of visitors present on their property. There are three categories of visitors in this regard.

Invitee

An invitee is a person who has received permission from the owner to enter and use the premises. The owner is completely responsible for the safety of such individuals. If you were invited to someone’s house and suffered an injury there, you can always take legal action by applying the principle of the premises liability.

Licensee

A licensee is a person allowed by the owner to visit the property in a limited capacity, such as sales agent or a worker visiting to install some equipment. The duty of care in such a case is reduced. However, most injury instances are still covered by premises liability.

Trespasser

A trespasser is a person who is unauthorized to visit the property. However, children cannot be included in this group and it is the duty of the owner to ensure that a child cannot receive an injury due to a facility present on the property.

Visitor Actions

Visitors can perform certain actions that result in injury. A common injury is the slip and fall accident, which mostly happens due to poor safety arrangements on the premises. The lack of security and open swimming pools are other common danger that visitors may face by simply moving in different parts of the property.

Personal Injury Attorney

If you have suffered a personal injury that may come under premises liability, you should quickly retain legal consultation in Illinois. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

Driving in Winter Conditions is a Recipe for Auto Accidents

Auto Accident AttorneyDriving in winter conditions is dangerous and raises the risk of suffering injury in an auto accident. These risks are greatly elevated for people who are unprepared for the weather. You should hire an accident lawyer to obtain the best compensation from your insurance company, if you suffer an accident due to poor weather. Here, we describe common winter conditions that can cause auto accidents:

Poor Visibility

The presence of hail and snow certainly affect the visibility on the road. This means that your reaction time is reduced due to your limited vision, since it often becomes difficult to see beyond a few feet. The lack of visibility may produce auto accidents, where you find that it was impossible to avoid an accident. These are the circumstances where you should contact an accident lawyer in Illinois to help you get insurance benefits. This will ensure that you can pay for the damages and safely recover what you lost in an accident due to poor visibility.

Lack of Grip

Driving in winter conditions is tough because of the lack of grip on the road. You should avoid driving, when the road conditions are not favorable. One of the most common causes of accidents is braking hard in such conditions, as it simply produces spinning tires causing you to lose control over the vehicle. As a result, it is common to suffer rear-end accidents during the winter. You can improve the road grip by using special winter tires. Your auto accident lawyer can help you get the best insurance benefits by analyzing the details of the accident to prove why the accident was unavoidable.

Black Ice

Black ice is one of the dangers that you face when driving in winter conditions. It is a transparent, thin layer of ice which forms an invisible coating on the road, and completely eliminates the grip of your vehicle. You can get involved in an accident, once you try to brake, accelerate, or steer your vehicle due to the traffic conditions on the road. This is an important factor in accidents, because you need to raise the defense that you were not the negligent driver. Seeking advice from a skilled car accident lawyer in Illinois will ensure that you will not be wrongly blamed for an accident when driving in winter conditions. You can protect yourself by performing risk reduction.

Reducing Risks

You can avoid the risks of driving in winter conditions by taking as many safety steps as possible. This starts by avoiding snowy driving conditions altogether and not driving if possible. However, there are times when you must head out. For these needs, you must get winter tires for producing the maximum grip in snow and hail.

Improving visibility is also important when driving in winter conditions. Clean all your windows and mirrors to get the maximum visibility. You should also ensure that your windshield wiper system is working efficiently.

Personal Injury Attorney

If you follow these precautions but still suffer an accident when driving in winter conditions, you should immediately seek the advice of an accident lawyer. The Law Offices of Robert T. Edens, P.C. have years of experience handling winter auto accident cases. Contact us at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

Things to Avoid when Engaged in Auto Accidents

Auto Accident AttorneyMost auto accidents happen in a flash and it is nearly impossible to avoid them. You have to go through a typical process after an accident to obtain compensation for the damages from the involved insurance companies. The process is complex and there are a few mistakes that you must avoid in order to present a strong insurance case. You can always get detailed information by seeking a reputed auto accident lawyer. Here, we describe the things you should avoid.

Accepting Final Payment

The most important thing to avoid is that you should never accept a document or check that mentions final settlement or payment. Once you accept such a payment, you lose your right to fight the claims in the court, where you can certainly receive greater benefits with the right legal representation. The ideal way is to consult with an accident lawyer and act on their advice, on when it is the right time to accept a payment or settlement on offer.

Estimation

Another thing to avoid in auto accidents is to avoid the initial estimation that you receive from the insurer. Remember, insurance companies will always attempt to have you accept their lowest estimate, where they do not have to pay out the maximum amount of insurance coverage. You may initially believe that the insurer is right with their estimate. However, there are often problems that are complex and require expensive procedures for repairing damage in an accident. Again, hiring an auto accident attorney in Illinois is the right way to ensure that you work out the best estimation.

Waivers

A waiver or release agreement provides you quick money which you can use to recover your loss in an auto accident. However, you can miss out on the true compensation that you deserve if you accept anything in haste. Hire a reputed auto accident lawyer in Illinois and ensure that you can fight to obtain the maximum benefits in your particular case. Hiring legal help will also ensure that you do not have to look at the fine print details of a settlement deal. Your auto accident lawyer will take care of all these details, and ensure that you only sign on a settlement, which provides the perfect monetary solution for your loss in an auto accident.

Not Following a Time Limit

Many people make the mistake of consulting with others, comparing various auto accident lawyers and performing their own research before filing for insurance or replying to another claim from a party involved in the accident. They ignore the fact that there is a timeline for procedural activities after an accident. This can seriously affect your claim and impact your efforts to defend yourself. Most insurance policies use a strict timeline for initiating the legal process. The ideal solution is to quickly hire an experienced car accident lawyer in Illinois. This will ensure that your claim is properly settled, and the required documentation occurs within the time limit.

Personal Injury Attorney

The Law Offices of Robert T. Edens, P.C. are present in different cities of Illinois. Contact us at (847) 395-2200 or online today to schedule your initial consultation

Posted on

Sources of Evidence for Proving At-Fault Driver was Driving Distracted

Auto Accident AttorneyDistracted driving is known to be the leading cause of traffic vehicle accidents on American roads. According to the statistics issued by the National Highway Traffic Safety Administration (NHTSA), in 2015, over 391,000 people were injured and 3,477 died in auto accidents due to distracted driving. About 660,000 drivers have been found to be distracted by their cell phones while driving, leading to high probability of injuries and death on the road. Many organizations are working towards spreading awareness of the dangers of distracted driving in Illinois in an effort to save as many lives as they can. Moreover, amendments have been made to the Illinois Vehicle Code to ban the usage of any kind of electronic communication device while driving.

Common Sources of Distraction While Driving

A driver is said to be distracted driving if they are engaged in one or more of the following activities while driving:

  • Texting
  • Using a communication device
  • Adjusting the radio
  • Daydreaming
  • Eating or drinking
  • Grooming
  • Reading
  • Talking to passengers
  • Using any type of electronic device
  • Getting distracted by what is happening in the surroundings, like witnessing an accident

Ways to Prove Distracted Driving Caused the Accident

While distracted driving accounts for a large number of motor vehicle accidents, gathering supporting evidence to prove your claim can be difficult. Here are a few key sources you can use to establish that the at-fault driver was distracted at the time of the accident:

Testimony of Lay Witnesses

Almost at every accident scene, there are people who witnessed how it all happened. Lay witnesses can be motorists on adjacent lanes, pedestrians, the passengers of the distracted driver’s car, and others. If possible, get their personal information so that they can be contacted later on to get testimony for your case.

Videos and Pictures

Since it is the digital age, there are bound to be someone in the crowd who made a video and took pictures of the incident. You can use them as a piece of evidence to prove your claim. Moreover, there are likely to be surveillance cameras in the area, such as on storefronts, traffic signals, street signs, banks and ATMs, and police car dashboards. If you can get the video that recorded the entire incident, you can easily show that the at-fault driver was distracted when the accident took place.

Phone Records

Your attorney can work with the mobile phone carrier of the at-fault driver and obtain phone records of the time of the accident. They have exact time and date of calls and text messages, allowing you to determine whether they were using their mobile phone when the accident occurred. If so, it can be a valuable piece of evidence to support your claim.

Accident Reconstruction Specialists

Accident reconstruction specialists study the entire accident scene to draw conclusions whether the at-fault driver could have been distracted. They take into account the speed, reaction time, skid marks, force of collision and other signs to paint a picture of how the accident may have happened.

Personal Injury Attorney

In rare cases, drivers readily admit that they were distracted, which can save you a lot of hassle in getting compensation for your damages. However, if they do not, you should consider working with an experienced auto accident attorney to gather solid evidence and prove your claim. Contact us at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

Road Safety to Avoid Auto Accidents during the Holiday Season

Auto Accident AttorneyPeople driving on Illinois roads are always at the risk of being involved in accidents, but during the holiday season, the risk increases for motorists manifold. Inclement weather, increased traffic, drunk driving, road rage, and many other factors make the holiday season particularly dangerous for everyone on the road. From Black Friday to Christmas and New Year’s Eve, it is the time when people are indulged in shopping, get togethers, family dinners, and what not, and it would completely ruin the celebration if they were involved in an accident or collision.

Road Safety Tips

To help you remain safe during this holiday season, we have shared a few tips that you should keep in mind to avoid becoming an auto-accident statistic:

  • With increased traffic due to the holiday season, it is best that you strictly follow the rules and drive within the speed limit at all times. Speeding is among the most common contributing factors of traffic vehicle accidents, and you must neither drive slowly nor too fast, as both can be dangerous.
  • Avoid drinking and driving. If you are drunk, ask a friend to drive you home or call a cab.
  • Drive during the day time, as the probability of getting involved in an accident increases dramatically after dark due to lower visibility.
  • Inclement weather is a major factor for increased car accidents during the holiday season because of the snow and ice. Over 116,800 Americans are injured and another 1,300 are killed in auto accidents due to icy, slushy, or snowy roads and pavements annually, according to a report by Safe Winter Roads. It is best that you winterize your car, and whenever possible, avoid driving in harsh weather conditions.
  • Avoid distracted driving, and resist the temptation of taking calls or reading and replying to messages on your phone.
  • Be extra careful about vehicles in your car’s blind spots.
  • Avoid tailgating and maintain a safe distance from the vehicles ahead.
  • Always check tire pressure as inadequate pressure can lead to decreased traction, increasing the chances of slipping and sliding.

Be Mindful of Parking Lot Problems

Aside from hazards on Illinois roads, a large number of accidents take place in parking lots. Since it is the busiest time of the year, parking lots of shopping malls and centers are usually jam-packed. People are in a rush to either secure a spot or get out of one to be on their way. If possible, you should find a parking spot that is a bit further away from the mall. While you may have to walk a few blocks, you can avoid heavy flow of vehicles coming in and out of the parking lot. If you are a pedestrian, be sure to be vigilant of your surroundings to avoid getting hit by any oncoming vehicles.

Personal Injury Attorney

At the Law Offices of Robert T. Edens, P.C., we care about our clients and make every effort to keep them safe. But when they are injured due to someone’s negligence, we use our extensive experience and knowledge to fight their case and get them the compensation they deserve. Contact us at (847) 395-2200 or online today to schedule your initial consultation

We wish a safe and happy holiday season to you and your family!

Posted on

Common Types of Product Liability Claims in Illinois

Product LiabilityWhen you purchase a motor vehicle, equipment, appliance, or any other product, you believe that a reasonable care has been taken during its manufacturing to ensure that its construction and design will not cause any unreasonable risk of harm or injury when the product is used. Unfortunately, that is not always the case, as sometimes those products malfunction due to defects or absence of precautionary information and cause injuries to the users.

If someone is injured due to a defective product, they can file a product liability lawsuit against the responsibility part and get compensation for the damages that they sustained. There are three basic types of product liability claims, depending on what and how the injured was caused from the product.

  1. Manufacturing Defects

When you are injured from a product that was defectively manufactured, maybe because of some error in the manufacturing process, you can bring a lawsuit against the manufacturer. A few examples of situations leading to this type of product liability claim may include a tainted batch of mineral water bottles containing an unhealthy or poisonous substance or a swing set with a defected frame or cracked chain. Manufacturing defects may also occur when the manufacturer uses substandard materials for making the product, or if the manufacturer did not take proper measure to supervise the assembling of a batch of products.

  1. Design Defects

A majority of the product liability claims arise from design defects. This type of product liability claim is generally large scale because the design of the product is flawed. A defective design does not involve any error during manufacturing or assembling, instead the entire product line is defected because it has been designed in that way. Generally, design defects lead to mass product recalls because all the products are manufactured with a particular defect. Some examples of product liability claims due to design defects include, sunblock creams that do not protect people from sun, and instead cause skin reactions, or a vehicle designed with higher center of gravity, increasing the chances of rollover on turnings.

  1. Warning/Labeling Defects

This type of product liability claim involves negligence on part of the manufacturer or distributor to provide adequate information, instructions, or warnings about the proper use of a product or implications that can arise from it. These claims entail that the company did not warn the users about their product being dangerous in some way, which is not obvious or requires diligence or taking precautions for its usage. For example, if a microwave popcorn product does not mention that the hot steam or extreme heat would come out from the packet when opened immediately after it is cooked in the microwave, or instructs about waiting for some time before opening the packet, you can file a failure-to-warn claim if you suffer from burn injuries.

Personal Injury Attorney

In all types of product liability claims, you must be able to establish that the design or manufacturing defect, or brand’s failure to provide warnings for potential hazards caused the injury, and none of your actions or lack of skills did it. To bring a claim against the responsible party, you should consider legal help from an experienced and reliable product liability attorney to guide you through the legal process. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.

Posted on

How Umbrella Insurance Affects a Personal Injury Case

Personal Injury AttorneyAn auto liability insurance provides you protection in case you caused an accident, resulting in bodily injury and property damage. The plaintiff will make a claim on your insurance policy to recover damages up to its limit. Similarly, a homeowners’ insurance keeps you safe in the event a guest slips, trips, or falls from your potential hazard on your property or is bitten by your dog off your premises.

Umbrella insurance offers an added layer protection when a claim may exhaust your typical insurance, and you may have to cover the remaining damages from your pocket. If you are considering investing in umbrella insurance, it is essential to learn about its basics to ensure you are making an informed decision to mitigate your future risks.

What is Umbrella Insurance?

It is a type of liability insurance that is designed to complement and cover for your basic liability insurance policies, such as home, auto, and others. Umbrella insurance typically carries a much higher limit than other policies, and provide coverage for claims that go beyond the limits of your home or auto insurance. The main purpose is to protect your property and assets from any unexpected or unforeseen events, such as a vehicle crash causing serious bodily injuries and damages to the other party. If a lawsuit is filed and you have umbrella insurance, you will remain protected when your basic insurance does not cover all the damages.

Who and What Does Umbrella Insurance Cover?

People who are covered under your umbrella insurance policy may include:

  • The insured and their spouse – they must be living together
  • Household residents that are under the insureds care – everyone who is under 21 years of age
  • Resident relatives
  • Any person using a vehicle covered under the umbrella insurance of the insured
  • Any business or person who is responsible for the insured, when they are using a covered vehicle

Typical umbrella insurance provides coverage for a number of things, including, but not limited to:

  • Any property damage or personal injury caused by you or a family member. It may also cover the damages caused from a hazardous condition on a property you own. This may include liability arising from trampolines, swimming pools, pets, and others.
  • Coverage for personal liability that may take place off your property, like your pet injuring the neighbor in their home.
  • Legal defense fees
  • Protection against false arrest, wrongful eviction, libel, or slander.
  • An added layer of insurance for your assets, like vehicles, that is beyond the basic liability insurance.

While it is true that umbrella insurance is comprehensive, there are some exclusions, such as:

  • Bodily injury or property damage intended or expected by the insured
  • Damages to the insureds own property
  • Liability from exotic vehicles, such as jet skis, golf cars, and snowmobiles

Effects of Umbrella Insurance on Personal Injury Cases

If you are facing a personal injury lawsuit or claim, you will get coverage for a legal defense, even if the plaintiff is not able to prove that you are at-fault. If you are found liable, umbrella insurance will kick in when your basic liability insurances run out, giving you peace of mind that you will not have to pay the damages from your own bank account.

Personal Injury Attorney

Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation, and discuss your personal injury case to evaluate your options.

Posted on

Injured in an Auto Accident as a Passenger? Here is What You Should Do

Auto Accident AttorneyThousands of accidents happen every day – fortunately, a majority of them result in minor damages with no physical harm, while some of them cause serious bodily injury and property damage. However, if you are involved in an accident as a passenger, you may not know how you can get compensation for their injuries. Generally, passengers have several options at their disposal for making a claim to recover damages.

Determining Fault and Liability

Typically, it is easy for a passenger to determine fault and liability than a driver bringing a claim against the other driver. This is because passengers do not bear the burden of proving liability – it is understood that one of the drivers is liable, and the plaintiff has to prove it with the help of their personal injury attorney.

The plaintiff needs to establish two things to make a claim: liability and extent of damages. If it was a one car accident, then it is obvious that the driver is liable. For example, hitting a stationary car in a parking lot or crashing into a tree. In such a case, the driver either failed to take appropriate actions to avoid the accident or did something that caused the accident.

If the accident involved two cars, it is natural for one of the two drivers to be liable. It is a rare occurrence for both drivers to be equally responsible for the accident, and hence you can make a claim against the at-fault driver when fault has been established.

If more than one passengers were injured in the accident, all of them can file a claim against the negligent driver. However, each passenger would have to settle for a portion of the total settlement amount if it exceeds the at-fault driver’s insurance limit.

Filing a Claim for Compensation

The passenger has the legal right of making a claim against the insurance policy of the driver with whom they were riding, if they are found to be at-fault. They can recover damages such as present and future medical expenses, lost wages, and some of the non-economic damages, based on the particular situation, up to the policy’s limit.

However, if the passenger is related to the driver, like a sibling or child, special rules may apply. Generally, insurance policies do not provide coverage to injured people who are related to the driver. This is because the claim would then be considered as providing coverage to its own insured driver. In other words, it is not possible to file a liability claim against one’s own auto liability insurance. If the other driver was responsible for the accident, the passenger can make a claim on their policy, or in case of the related driver, they may turn to their own insurance.

Personal Injury Attorney

While it is relatively easy for a passenger to make a claim against the at-fault driver, legal situations tend to become complicated. It is best that you retain the services of an experienced auto accident attorney to help you with your case. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.