Changes in the Weather: A Guide to Premises Liability for Slip and Fall Cases

As someone travels store to store running errands and checking them off their list, they usually are not thinking about every single step that they take.  There are more important things on their mind, like picking up the kids from ballet, soccer, or music classes, and what to bring to their in-laws house that night for dinner.  Something that can throw a wrench in anyone’s day is a slip and fall on someone else’s property.  Because people should be able to expect a reasonable amount of safety when they enter a public space, laws have been created that impose premises liability on the owners of the many shops and institutions throughout the country.

Wintry Mix with a 30 Percent Chance of Injury

During winter months, there is an undeniable increase in foot and ankle injuries due to slips on water and ice, with some hospitals reporting up to a 500% increase in emergency room visits.  It is not just hospitals and doctor’s offices that are on the watch for injuries, however, as property owners must take steps to prevent accidents before they occur.  Because personal injury lawsuits from slip and fall accidents can be very expensive, it is often a better business practice for a property owner to take precautions.

As customers, many people do not realize that stores take certain actions in an attempt to protect themselves from liability.  While there is an added bonus that a store’s customers are better protected from harm, the decision to expend more employee time on extraneous tasks is not completely altruistic.  Examples of these precautions include designating an employee to monitor entry and exit pathways, salt or sand distribution in the parking areas, and orange safety cones or signage that serves to warn patrons of potential hazards.

 

No Precautions, No Problem (for $$ recovery)

According to Illinois law, a property owner is responsible for ensuring that he or she has taken ordinary care to make the property reasonably safe for the use of anyone who is lawfully on their property.  What this means for places such as grocery stores or other shops that are available to the public is that taking precautions to prevent injuries to customers is not only the nice thing to do, but also is required under the law.  It is, of course, a free country, in that there is no law forcing a property owner to take such precautions, but what the law does do is impose full liability for injuries from accidents on such reluctant property owners.

The Law Offices of Robert T. Edens | IL Personal Injury Law Firm

If you or a loved one has been injured on someone else’s property, call the professionals at Law Offices of Robert T. Edens, P.C. Let us answer your questions about what precautions should have been taken to protect you as a guest on their property, as well as how to obtain the relief you need to return to your busy schedule.

 

Medical Malpractice: More than a Rule Violation

When people think about the word “malpractice” they may immediately think of legal malpractice, insurance fraud, or maybe even an accountant-gone-rogue who decides to breach his duty to embezzle millions from his employer.  It is often not the first thought that a professional’s decision to cut corners and not follow rules can have very personal side effects, but this is exactly what happens when a physician commits malpractice.

Medical Malpractice: What is it?

Sick patients trust that they are in the best hands possible, especially if they are facing major surgery.  The situation that these patients often find themselves in is one that involves a proverbial rock and hard place; specifically, a doctor fitting them in on a busy schedule, and not having the recommended surgery.  When the latter option is not available, as in cases involving terminal situations, some patients are left with no choice but trust.  It is the breach of this trust that is considered medical malpractice, and can carry with it serious consequences.

Slip of the Knife or Callous Act?

Every medical procedure carries with it some element of risk as evidenced by the multitude of forms that patients must complete before undergoing surgery.  However, what many people may not realize is that a doctor’s responsibility to provide a high level of professional care is not something that can be signed away in a rush of pre-surgery paperwork.  The question that will need to be asked is whether the injury suffered by a patient was within the normal dangers faced by the particular surgery, or whether a physician utilizing reasonable care could have avoided the damage suffered?

Doctors are professionals and like with any other profession they owe a duty to perform up to the standards of their chosen position.  While true that doctors are human, and also that all humans can make mistakes, if a doctor breaches his or her duty to a patient it generally means that they have done something so egregious that it cannot be considered a mere mistake.  Examples include objects left in patients after an invasive procedure, the use of unclean equipment during surgery, and medication dosage errors.  Any of these can and do occur in surgeries across the country, especially when a doctor is over-worked and cutting corners in order to fit more and more patients into one day.  Further, these types of negligence cases are fairly straightforward, and being able to show that a doctor did not meet the proper standard of care in more complicated cases can take weeks, months or even years depending on the situation.  During this time an injured patient and their family are often left adjusting to life post-injury, including rising costs of medical care and changed routines, while hospital staff and doctors continue with business as usual.

Waukegan Personal Injury and Medical Malpractice Lawyer

Medical negligence and malpractice can cause serious injury to patients and cause long-lasting debilitating effects or even death.  If you or a loved one has been injured by the careless actions of a busy doctor, you do not have to face the healthcare industry alone.  Call the professionals at the Law Offices of Robert T. Edens, P.C and we can answer your questions about the pathway to recovery.

 

Top Rating for DUI Laws-DUI Accident Attorneys Lake County Illinois

Robert Edens ‘Bob’ is an award winning auto accident attorney with over 20 years of experience fighting for auto accident injury victims. His law firm will provide you with the legal advice you NEED to answer your questions and explain your options.

MADD LogoMothers Against Drunk Driving (MADD) gave Illinois a five out of five star rating on their efforts to crack down on DUI car crashes. Since 2006 MADD has been publishing The Report; a report that rates every state on their efforts to reduce drunk driving and drunk driving accidents and deaths. While substantial progress has been made, there will always be work to be done until there are no more victims of drunk drivers. The Report rates the nation three-stars on a five-star scale (based on the average of the state ratings). In addition, updated figures show that drunk driving costs the United States more than $132 billion annually.


 

FREE PERSONAL INJURY LAW BOOK FOR ACCIDENT VICTIMS



Get Your Free Book by Clicking Here

Personal Injury Attorney Lake County ILThe Rule of 5′s and How THEY will Sabotage Your Case™

An Essential Guide For the Personal Injury Victims

Award Winning Author and Attorney Bob Edens’ Book, “The Rule of 5’s and How THEY Will Sabotage Your Case,” ™ is a Step-by-Step Guide for Personal Injury Victims

In The Rule of 5’s and How THEY Will Sabotage Your Case,™ Bob explains the ins and outs of the injury claims process from the time of injury to the time of settlement or trial. Bob provides basic facts about:

  • The filing of the claim and negotiation from start to finish.
  • How to negotiate a settlement for injuries sustained from a wide variety of cases including all types of auto accidents, dog bite cases, pedestrian cases, etc.
  • Tips on how to deal with adjusters and avoiding the pitfalls and traps they hope you fall into.
  • Tips on how to determine the value of your injuries.
  • An overview of questions and legal issues that most personal injury victims have.

Get Your Free Book by Clicking Here

THIS FREE BOOK IS ONLY AVAILABLE TO PERSONAL INJURY VICTIMS IN ILLINOIS

ALL INFORMATION OBTAINED FROM YOUR SUBMISSION WILL BE HELD IN STRICT CONFIDENCE.

Category: Blog, Car Accidents

Nursing Home Wandering Lawsuit-Elder Abuse & Neglect Law Firm

Robert Edens ‘Bob’ is an award winning nursing home neglect and abuse attorney with over 20 years of experience fighting for the elderly who’s care has been entrusted to a facility. His law firm will provide you with the legal advice you NEED to answer your questions and explain your options. 

Attorney Robert Edens Nursing Home Neglect & Abuse Attorneys The Call is Free, The Advice Might Be Priceless

Nursing Home Wandering Neglect and AbuseWandering is one of the most intriguing, potentially, hazardous, and least understood behaviors amongst the elders in nursing homes. Additionally, it has been poorly defined and is very ambiguous despite that it is a very common occurrence of elderly patients whose care has been entrusted to a facility to keep them safe.

The reason it is so difficult to define “wandering” from a legal perspective is that it is a somewhat purposeful behavior, at least to the wanderer, yet it is often initiated by a cognitively impaired or disoriented individual. As a result, wanderers place themselves in hazardous situations that a cognitively intact persons would avoid. For the purposes of litigation, the wandering of a nursing home resident should be thought of as behavior that should be reduced or eliminated at all times.

At a minimum the standard of care at a nursing home must identify wanderers, develop prevention programs and activities, keep the facility safe, and have a swift, comprehensive, facility-wide method to mobilize staff to look for a missing resident. Expert testimony often is critical to successful litigation against nursing homes.

Known Tendency to Wander

If the nursing home is aware of a patient’s predisposition to wander it is more likely to give rise to liability. Recovery has been allowed, for example, where a nursing home was aware of wandering and failed to take proper precautions, the facility may be found liable for any subsequent injury or death.

Golden Villa Nursing Home v. Smith, Texas.A motorcycle struck a nursing home resident who left the facility and wandered onto a highway. A verdict against the facility was handed down, finding that the resident’s long history of wandering put the home on notice of the resident’s known tendency to wander.


FREE PERSONAL INJURY LAW BOOK FOR ACCIDENT VICTIMS

Get Your Free Book by Clicking Here

Personal Injury Attorney Lake County IL

The Rule of 5′s and How THEY will Sabotage Your Case™

An Essential Guide For the Personal Injury Victims

Award Winning Author and Attorney Bob Edens’ Book, “The Rule of 5’s and How THEY Will Sabotage Your Case,” ™ is a Step-by-Step Guide for Personal Injury Victims

In The Rule of 5’s and How THEY Will Sabotage Your Case,™ Bob explains the ins and outs of the injury claims process from the time of injury to the time of settlement or trial. Bob provides basic facts about:

  • The filing of the claim and negotiation from start to finish.
  • How to negotiate a settlement for injuries sustained from a wide variety of cases including all types of auto accidents, dog bite cases, pedestrian cases, etc.
  • Tips on how to deal with adjusters and avoiding the pitfalls and traps they hope you fall into.
  • Tips on how to determine the value of your injuries.
  • An overview of questions and legal issues that most personal injury victims have.

Get Your Free Book by Clicking Here

THIS FREE BOOK IS ONLY AVAILABLE TO PERSONAL INJURY VICTIMS IN ILLINOIS

ALL INFORMATION OBTAINED FROM YOUR SUBMISSION WILL BE HELD IN STRICT CONFIDENCE.

Category: Blog, Medical Malpractice

When Damages are Personal: Property, Bodily Injury and Professional Drivers

Not all car accidents consist of massive pile-ups involving numerous cars and people being carried away to hospitals.  In fact, many car accidents involve only one or two vehicles, and involve zero ambulance trips.  Just because an accident is not “newsworthy” or does not involve gruesome injuries, however, does not mean that there was no damage.  In fact, even the smallest accident in terms of bodily injury can be life changing for those who are unfortunate enough to be involved.

Accidents and Tractor-Trailers

When a very large truck, with 18 wheels and weighing about 40 tons on average, hits a car, typically weighing in at no more than 1.5 to 2 tons, a catastrophe is inevitable.  When this happens, the car is generally destroyed.  While, of course, it is always hopeful that when a large truck and a car are involved in an accident there are no casualties involved, this situation rarely translates into one in which there are no damages.  It is a near impossibility for a truck this large to hit a car without the car being destroyed, and the lives of at least two people — the driver of the tractor trailer included — changed forever.  What many people may not realize is that there are not robots behind the wheel of the many semi-trucks on America’s highways, and they are more susceptible to accidents due to many factors that are largely out of the truck driver’s control.  Starting with a driver having worked through the night as they were unable to find somewhere to sleep, and add to that a car in an unexpected place, and you are left with the fireball that causes massive damage and catastrophic injuries.

Damages in Semi/Auto Cases

Even not taking into account the potential bodily harm involved in most of these types of accidents, the costs of losing a personal vehicle alone can be in the thousands of dollars range.  Recovering those damages in the least stressful and fastest way possible is key to an accident victim being able to return to the life they had before the accident.

When a professional truck driver is involved in an accident, there are factors at play that are not involved in a typical accident involving only passenger vehicles.  One issue that is often forgotten is that professional drivers are subject to many more state and federal regulations than other drivers.  These regulations can help a victim recover their damages much faster during settlement negotiations if they understand that proving a rule violation by a professional driver can help their argument that they would be more likely to win at trial.

 

The Law Offices of Robert T. Edens, P.C. | Waukegan Personal Injury

If you, or someone you love, has been injured in an accident, involving a professional or a non-professional driver, having an attorney on your side can make all the difference.  One call to the Law Offices of Robert T. Edens, P.C. and you can have all your questions answered about what you need to do to put your life back together after an accident.

 

Once Bitten, Twice Shy? Why the One Free Bite Rule Is Not Always the Case

Traditionally, dog bite cases hinged on one fact: whether the dog had a penchant for, or history of, biting people.  Over the past decade, this viewpoint, and the law behind it, has been changing as Americans have grown increasingly intolerant of pets that bite.  The factors behind this shift are not entirely clear, but the possible causes include increased publicity of dog-bite cases nationwide and the larger numbers of Americans who own dogs, which are some reasons many states have created dog bite statutes that trump the common law ‘one bite rule.’

Common Law Rule

Whenever someone references the “one bite rule” when talking about a dog biting a person, they are essentially citing the common law rule governing dog bites if a state does not have a statute specifically addressing dog bite cases.  Pursuant to the one bite rule, dog owners are only liable for injuries caused by their dog if they had reason to know that it was likely to bite someone.  What this generally meant as far as courtroom evidence was concerned was that the dog’s owner was entitled to “one liability-free bite” involving their dog so long as the dog did not previously exhibit aggressive tendencies.  While this rule is not absolute, it is upheld in many states, as the alternative typically involves a dog owner losing their companion; an outcome that does not present well in a courtroom.

Dog Bite Statutes

In response to the increased perception that certain dog breeds are more dangerous than others, and therefore cause more damage to society, many states have created dog bite statutes imputing more liability on dog owners for the actions of their animals, regardless of prior bite history.  For example, in Illinois, if a dog bites another person, the animal control act requires that the animal be immediately confined under the observation of a licensed veterinarian for ten days.  The dog is then subject to a clinical examination by a veterinarian and/or animal behaviorist who may label the dog dangerous or vicious.  Under the laws of Illinois, these designations carry with them increased fines and responsibilities for the owner of the dog that include increased leash and muzzle requirements.

These dog bite statutes often also apply to police dogs who bite people outside of their roles for the police department.  While it is true that police dogs are treated differently than pets as their job requirements often require that they bite perpetrators of crimes, the protections are not without their limits.  One element that is not involved with pet dogs, but that often arises when a police dog bites a person, is the protections provided under federal civil rights statutes against the use of unreasonable force during arrests.  If it is found that a police officer utilized a police dog when it was not necessary, it may result in a finding of liability against the municipality involved.

The Law Offices of Robert T. Edens, P.C.

If you, or someone you love, has been bitten by a pet or police dog, contact the professionals at the Law Offices of Robert T. Edens, P.C. who can talk to you about your options under the law.

 

Auto Accident TEMPLATE

Auto Accident

 

Lake and McHenry County Personal Injury Lawyer

It is important to know what types of damages are available following a car accident to make sure that a victim is not left holding the bill for injuries caused by someone else’s reckless conduct.  If you or a loved one has been injured in a car accident, call the professionals at the Law Offices of Robert T. Edens, P.C.  Speak to a professional about your case so that you can have answers to the many questions that arise after a car accident.

 

The Path to Recovery: Unique Nature of the Construction Industry

All of the massive skyscrapers that seem to sprout from the ground and rise to the heavens have one thing in common: they were built by the hands of men and women in the construction industry.  The world of a construction worker is one of long hours, arduous work and little recognition for the masterful creations that are constructed over a period of time.  What is less well known by members of the general public are the hazards that these workers face day in and day out.  An accident on a construction site far too often has long-term disabling or fatal consequences.  Knowing the laws that are designed to protect workers, both before and after injury, is key to ensuring that they are provided the proper care that is owed to them for their contributions to society.

Beyond Workers’ Compensation

In Illinois, as in all states, the first avenue for an injured worker to pursue to obtain help after an accident is through his or her employer’s workers’ compensation insurance.  Employers are required by law to carry workers’ compensation insurance coverage for their employees that will cover the costs of an injured employee’s medical care in the event of a workplace accident.  However, with accidents occurring at construction sites, workers’ compensation may not be the only path an injured worker can take to recover damages to which they are entitled.

Because of the unique nature of the construction industry, there may be many different entities carrying some liability for the accident that resulted in a worker’s injury.  Depending on the facts of the situation, one or all of the entities responsible for a construction project may share responsibility for any accidents that occur.  While true that the workers’ compensation system limits a person’s ability to file a lawsuit against an employer, this is not the case if a third party (non-employer) shares fault for an accident.

Punitive Damages — An Employer’s Negligence

Injured construction workers, or their families in the case of a fatal accident, may also be entitled to recover punitive damages, even if their claims are against their employer and not against third parties.  Punitive damages are designed to act as a deterrent to engaging in negligent or reckless behavior that is likely to cause injury.  This is especially important in the construction industry, given the potential for catastrophic loss in the event of an accident.  If an injured worker can show that his or her employer acted intentionally or with reckless indifference toward the safety of their employees, and an employee was injured, punitive damages may be available.

The Law Offices of Robert T. Edens, P.C.

In today’s modern construction environment, those who are responsible for ensuring that construction workers are protected as much as possible from the inherent dangers of the profession all too often cut corners in the interest of saving money, rather than upholding their duty to employees.

If you or a loved one has been injured by the reckless decisions of another, the professionals at the Law Offices of Robert T. Edens, P.C. can help.  Cost saving measures that put the lives of construction workers at risk are the primary reason that high awards of punitive damages are appropriate; they exist to show employers it does not pay to gamble with their employees’ lives.

 

Premises Liability: A Shop Owner’s Duty

Every time a customer enters a business, he or she is trusting that the shop owner has taken the appropriate steps to ensure that the shopping environment is safe.  Customers should not have to worry about being injured when patronizing a business, and when they are it is likely that the business owner could have taken some action that would have prevented the accident.  In these situations, it is important for the injured person to know his or her rights so that they are not left responsible for thousands of dollars in medical bills for someone else’s mistake.

What is Premises Liability?

Premises liability is essentially the duty that a property owner owes to individuals on their property.  This duty requires that visitors are kept reasonably safe by the landowners.  This is especially true with public spaces, such as grocery stores or “box stores” like Walmart or Target, as they welcome the public into their privately owned space.  Common premises liability accidents include the typical “slip and fall” accidents where a customer is injured because they fell somewhere on the store owner’s property.

Proving a Premises Liability Case

In order to recover damages, both compensatory and punitive in some cases, an injured customer must prove one of three elements: (1) that the landowner knew or should have known of the hazardous situation, (2) that the danger is not easily recognizable, or that (3) the landowner failed to exercise reasonable care to protect individuals who were lawfully on the property.  In cases not involving a public space like a grocery store, it would be the burden of the injured person to also prove that they were not a trespasser on the property; but that is generally not an issue with a public space.

It should be noted that in Illinois, a shop owner does not have a duty to warn its customers of an open and obvious hazard, unless one of two exceptions is met.  If a customer is distracted and the shop owner has reason to suspect that the customer does not see the hazard, the shop owner may still be liable for injury.  Second, if a hazard is such that the advantages of encountering it outweigh the danger, the deliberate encounter exception may make the shop owner liable as well.

If an injured customer can show that he or she was injured by falling due to a hazard on a shop owner’s property, and has proof of the extent of the injury, whether the shop owner was at fault will likely be a determining factor in the amount that the customer can recover.

Law Offices of Robert T. Edens

If you or a loved one has been injured because of someone else’s dereliction of duty, call the professionals at the Law Offices of Robert T. Edens, P.C.  It is important to know your rights under Illinois law before discussing your situation with the shop owner or their insurance company.  We can help you learn more about your options for recovery to ensure that you can receive the care you need to heal.

 

Traumatic Brain Injuries: Complications of a Lifelong Injury

When people speak of traumatic brain injuries (TBI), they are often referring to generalizations of temporary brain trauma following an accident; something that is treated in a hospital until it is cured, rather than the possible lifelong effects that are common with these types of injuries.  Unlike other injuries, a TBI is often invisible, long-term, and can occur from a variety of accidents.  Causes of a TBI can range from sports injuries to car accidents and are commonly misdiagnosed or even completely missed if the injury is not severe.  Even the most minor of head injuries, however, can have latent effects on a person’s brain in the form of a TBI.

What is a TBI?

A TBI is a complex injury that affects a person’s ability to think or act in the same way as they could before an accident.  This is because, unlike an injury to a limb which limits the use of that limb until the injury heals, injuries to a person’s brain can affect their ability to solve problems, speak, control their moods, and many other functions.  The brain also heals differently than other parts of the body and cannot be fixed merely by surgery or medicine.  What complicates the healing process for doctors and healthcare providers is that no two brain injuries are alike.  Each individual’s brain injury requires specialized treatment, which often slows the healing process until an appropriate care regimen is discovered.

Cause and Effects

A TBI can be caused by any blow to a person’s head, including falls, car accidents, violence, sports injuries or explosive blasts such as those that are experienced by soldiers in combat situations.  The level of damage to a person’s brain depends on many factors or combination of factors.  According to the Mayo Clinic, brain injuries can occur from direct brain cell damage at the point of impact on the skull, damage to cells as the brain moves inside the skull, tearing of cells from a rotational impact, or widespread damage from a blast.

From athletes to car accident victims, traumatic brain injuries can be costly, both physically and mentally.  One study of 3,000 head trauma cases showed that over half showed signs of moderate to severe disability as long as one year after the injury.  The study also showed that after four years post-injury most of the injured individuals still lived with family members and relied on them for care.  Many families do not have the resources or expertise to care for individuals with a TBI, but have no other choice as lifelong care options can be very expensive.  Depending on when a person was injured, which can be early for many young, aspiring athletes, care for a TBI can reach millions of dollars.

The Law Offices of Robert T. Edens, P.C.

 

If you or someone you love has suffered a traumatic brain injury, it is important to know that you are not alone.  Holding liable the person(s) responsible for the injury is the first step in being able to afford the care that you and your family deserve.  The professionals at the Law Offices of Robert T. Edens, P.C. can help you learn more about your options for recovery to ensure that you can receive the care you need to heal.