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Tag Archives: Kane County personal injury attorneys

Kane County personal injury attorneyWith summer in full swing, more people are getting outdoors and enjoying life outside. Many people in Illinois belong to various sports teams, clubs, and organizations. When you join a sports club team, you may be required to sign a waiver or release of liability. A waiver is, in essence, a contract with terms that address your right to seek damages if you are injured by your participation in the sport or activity.  

Exculpatory Agreements

An exculpatory agreement is a contract where the parties agree to an express assumption of risk where a party consents to relieve another party of liability. An example would be a waiver signed by those planning to participate in club or recreational sports leagues. While most such sports are relatively safe, there is always the possibility for injury. The league and its officials are likely to require a waiver or an exculpatory agreement to ensure they are not held liable for reasonable injuries that may occur.

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Aurora personal injury attorneysSports and athleticism are encouraged within our lives and are essential parts of our education system. Our children learn a lot about life when competing in sports: how to work as part of a team, how to overcome adversity, how to accept both the wins and the losses. There is always, however, an inherent risk of injury when participating in sports. What happens if the injury is not inherent to the sport? Who is at fault?

The Assumption of Risk Doctrine

The assumption of risk doctrine in regard to participation in athletics dictates that by participating in a sport, one understands that there is a possibility of injury. A baseball player while at bat may not be surprised if he gets hit with a pitch because being hit with the ball is an acknowledged possibility and therefore the injury was foreseeable. The doctrine, as developed by case law in Illinois, determines the point where an athlete assumed the risk of injury inherent in the sport.

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Aurora personal injury attorneysWith spring quickly approaching, many motorcycle riders are gearing up for rallies, runs, and good old-fashioned cruises. Sadly, the nearing season also means headlines will soon feature motorcycle crashes. The “lucky” ones will suffer injuries that will one day heal. Others will suffer serious and life-altering injuries. Still others will experience a crash that ends tragically in death.

What is most devastating about these crashes is that many will be the fault of another driver—a person who acted in a negligent way and, as a result, cost a family or rider a life, a limb, mobility, money, or employment. In such situations, the victim may be owed compensation, and it is important to know how to protect your rights.

Negligence Is a Common Factor in Motorcycle Accidents

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Kane County personal injury attorneysWhen an accident occurs on public property, it can be very difficult to obtain compensation from any government agency. This is due, in large part, to laws which limit an injured party’s ability to sue a government entity or employee in most cases. The law, however, does not offer immunity in every situation. For example, a recent ruling by an Illinois appeals court has opened the door for further action by a bicycle rider who was injured while riding on Chicago’s Lakefront Trail.

Governmental Immunity Laws

In Illinois, the Local Government and Government Employees Tort Immunity Act (the Act), affords protection to municipal governments, agencies, and their employees in most personal injury cases. It specifically provides immunity for injuries caused by conditions of public recreation areas unless a local entity or employee is guilty of willful or wanton conduct that caused the injuries. The Act also provides absolute immunity for injuries that occur on access roads to “fishing, hunting, or primitive camping, recreation, or scenic areas.”

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Kane County personal injury attorneyNo one should be above the law. Yet, in the minds of some, this is exactly what a group representing firefighters and municipalities are trying to accomplish by introducing a bill that would reinstate the so-called “public duty rule.” The law, which dates back to the 1800s, broadly protected paramedics and firefighters from lawsuits while on the job, even when those actions stemmed from willful or wanton negligence. Essentially, no form of conduct – even conduct that intentionally or recklessly endangered the public – was considered reprehensible under the law.

Public Duty Rule Unnecessary and Unlawful

Under any other circumstance, the public has the right to expect that they will be protected from harm or injury caused by negligence, recklessness, or maliciousness. Drunk drivers receive criminal penalties and may be taken to court for damages. Negligent physicians, nurses, anesthesiologists, and hospitals may be subject to malpractice lawsuits and, in some circumstances, could lose their license to practice medicine. Even business owners are expected to provide reasonable protections to their patrons; failure to do so makes them subject to a premises liability lawsuit.

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Aurora car accident attorneyAs winter officially begins and drivers head out and about to visit family and celebrate the holidays, it becomes important for everyone to understand how to stay safe on the roads. Even more critical is the knowledge of what to do, should an automobile accident happen to you or someone you love. Winter weather safety should be the responsibility of every driver and passenger on the road.

An Ounce of Prevention Can Go a Long Way

Ensuring your vehicle is “winter ready” can help dramatically when it comes to keeping you, your family, and others safe on Illinois roadways. New wipers keep your windshield clear, improving your overall visibility. Snow tires that have been checked for proper air pressure help to ensure you have good traction while driving through snow and slush. Good brakes can give you improved stopping power, even in the worst of conditions. So, if you have not yet had your vehicle winterized, either take steps to do it yourself or contact your local mechanic for assistance. Also note that a winter weather emergency pack should be a part of your winterization steps. A flashlight, warm blankets and clothes, ice scrapers, kitty litter, a phone charger, water, and non-perishable foods are just a few thing you might want to include.

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Aurora family law attorneyA slip and fall can happen to almost anyone, almost anywhere, especially during the winter months. Yet, there are some Americans who are at a higher risk of serious injury than others. Of particular concern are those who are over the age of 65. Even more concerning for this at-risk group is the fact that they are also more likely to suffer a slip and fall injury. Learn more about this risk, and what you can do if you or someone you love has suffered a slip and fall injury in Illinois.

Slip and Fall Injuries and Deaths More Common Among Older Americans

Information from the Centers for Disease Control and Prevention (CDC) indicates more than 2.8 million older Americans experience a slip and fall each year. More than 27,000 of those falls resulted in death. Many others (one in five) resulted in serious injury, such as broken bones, facial fractures, and traumatic brain injury. Further, more than 800,000 older Americans are hospitalized due to head injuries, hip fractures, spinal cord injuries, and other serious slip and fall injuries.

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Aurora personal injury attorneyRecently, a new federal law went into effect that requires automobile rental companies to fix any vehicles on their lots that have been recalled. The drafting and passage of the law were largely byproducts of the tragic deaths of Raechel and Jacqueline Houck, who were killed when their recalled rental car malfunctioned due to the company’s failure to repair it.

The Dangers of Renting Recalled Vehicles

In 2004, the auto manufacturer Chrysler notified Enterprise Rental Company that one of their models—the PT Cruiser—had a faulty power steering hose that needed to be replaced. However, rather than placing the car on the inventory list until repairs could be completed, the company continued to rent the vehicle. Tragically, the failure to replace the defective hose caused a loss of steering and a subsequent fire, which led to the untimely deaths of the Houck sisters.

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