A premises accident can happen anywhere, and under the right circumstances, the property owner can be held responsible for injuries or damages. After being injured at someone’s home or business, a victim may not know where to turn or even know they are eligible for compensation. Like a car accident or medical malpractice, when negligence is involved, a person injured on the property of another may be able to get restitution for their pain and suffering.

What Is Negligence?

When a person does not act with reasonable care towards a situation and a person gets injured, they can be held responsible for being negligent. For any personal injury cases, such as a premises accident, negligence must be proved. To prove negligence, there must be a duty to establish for the property owner to maintain under law, refusing to provide maintain that standard, and an injury with damage caused by inaction. For example, if there is a wet spot in a grocery store and no effort was made to clean up the spill or warn patrons, the store owner may be held liable if someone slips and breaks a bone.

Not all unsafe properties, dog bites, or slippery surfaces are treated the same. The invitation status of a person on a property is another factor of whether someone can sue for personal injury. If a person is a licensee, such as a customer, or an invited party, then the property owner is expected to uphold reasonable safety accommodations. While this does that guarantee the absolute safety of invited parties, the property owner can be held responsible if they knew about an issue and refused to act.

When regular visits to a doctor’s office are a habit, the first sign of life-threatening illnesses can be detected. Most medical professionals have their patient's best interests in mind, but mistakes do happen. When a mistake has been made, or a patient is second-guessing their treatment, it can be difficult to determine the difference between medical malpractice and the sometimes uncertainty of medicine.

A woman in Oak Park was recently awarded $50 million in a settlement against West Suburban Medical Center. The birth of her baby in 2014 resulted in the child having severe brain damage. Although a representative from the hospital claimed that appropriate action was taken during the natural birth, experts in the medical malpractice trial testified that a cesarean section would have prevented injuries to the child. An ultrasound showing that the child did not move for six hours during labor was ignored by medical staff, and the mother expressed concerns to her doctor that she could not feel the unborn baby move. Today, the child is five-years-old and is unable to sit, stand, or talk.

Brain damage to a baby during birth can be caused by physical injury or a lack of oxygen. If a child cannot safely have a vaginal birth, or if a problem arises such as the umbilical cord is wrapped around the baby’s neck, a doctor will often choose to perform a cesarean section. Making this decision at the correct time is crucial to the health of mother and child.

A fall or mechanical accident will cause physical harm to a worker, but what happens when their psyche is affected instead? Many people have a mental illness and they go to work and function regularly, but when mental illness is caused by a work environment or circumstances, then their treatment may be covered by workers’ compensation. Treatment for mental illnesses can also go alongside treatment for a physical injury, as these issues may arise after trauma.

What is Workers’ Compensation?

When an employee is injured or becomes ill due to circumstances surrounding their job, their employer’s workers’ compensation insurance steps in to assist the worker. If the employee cannot return to their job, workers’ compensation provides replacement wages based on their current income and limits set by the state. If a person can eventually return to the workforce but their earning potential is affected, workers’ compensation will assist with the differences. Any medical treatment an employee requires because of a work-related injury will be financially covered, as long as the treatment is considered reasonable and medically proven to help an ailment.

When it comes to mental health and workers’ compensation, unfortunately being constantly stressed at work or being in a hostile work environment is not enough for benefits. A person may qualify for benefits if they are diagnosed with one or more of the following because of a work-related incident:

As December comes to a close, we reflect on the previous year and look forward to the fresh start that a new year brings. In this century, we celebrate our second decade, so there is bound to be extra excitement as we enter 2020. The new year brings resolutions and champagne toasts, but unfortunately, new years eve and day are a couple of the most dangerous times to be on the road and car accidents spike.

One of the biggest contributions to this spike is drunk driving. Crashes having to do with alcohol or drugs increase 71% compared to an average weekend from 6:00 p.m. on New Year's Eve to 6:00 a.m. on New Years Day. Like it's winter holiday counterparts, New Years encourages drinking alcohol. Many people top off at midnight with a glass of champagne. While that one glass of champagne would likely keep someone within the legal limit to drive, it is the drinks before and after that can create a problem.

What Is Considered Drunk Driving?

Across the United States, the legal limit to drive after consuming alcohol is 0.08%. If a person is caught with a higher concentration of alcohol in their system, they will be arrested and potentially charged with a DUI. This is because anything higher than 0.08% is considered too dangerous for a person to be driving a car. Alcohol affects decision making and reaction times, which can contribute to the cause of an auto accident.

Getting in a truck accident is a great fear for many people. Trucks themselves are large and often carry hefty loads of cargo. When driving, people are often cautious of trucks, but deadly accidents still happen. Drivers can take certain precautions when sharing the road with truck drivers, but a negligent truck driver or company is no match for small errors passenger car drivers can make.

The Insurance Institute for Highway Safety states that in 2018, 4,136 people died as a result of getting into an accident with a truck. The majority of these deaths were people in passenger cars. Truck drivers have the advantage of being protected in a vehicle that weighs upwards of 30 times more than an average car. A truck can roll over, but in an accident with another smaller vehicle, a semi-truck is likely to come up on top.

When a truck accident is caused by a negligent truck driver or company, reasons for this happening can include but are not limited to, an overtired driver, a driver working past the legal limit of driving hours, a company not doing a thorough inspection of their feet. Other drivers cannot control these things, but they can make decisions for a safer roadway with trucks.

Many elders resist the recommendation to move to a nursing home. Family members may have good intentions, but moving to a nursing home facility is intimidating. It is also hard for someone to admit that they cannot take care of themselves like they used to. There is a negative connotation around nursing homes which, too, makes people apprehensive. Elders and family members alike may have concerns regarding the kind of care being administered. Like a person living at home, residents of nursing homes have rights and when those rights are denied, the facilities can be held negligent.

The elder population is growing rapidly. The World Health Organization estimates that by 2050, the population of people over the age of 60 years old will double. Today, 1 in every 6 people in the same age group have experienced some form of elder abuse. Family members are not excluded from elder abuse, but there is a high rate of abuse in nursing homes. In 2018, two out of three staff members in long-term living for elders admits to having committed abuse that year.

The Federal Nursing Home Reform Law of 1987 created standards for nursing homes. These rules protect the rights of elders and give ground to cases of negligence.

When a serious injury or death occurs, holding the responsible party accountable is important. If a person slips at a grocery store or gets into a car accident, they may be able to file a personal injury lawsuit to financially compensate for medical bills and suffering. When an injury happens at work, or because of work conditions, however, employees cannot sue their employer. This is when workers’ compensation insurance comes in.

Workers’ compensation insurance is a requirement for most employers in Illinois no matter their revenue or company size. This insurance protects employees if they get hurt because of work, and offers benefits such as medical bills and lost wage coverage. For employers that do not have coverage, there is up to a $500 a day fine for each day of noncompliance - with a minimum penalty of $10,000. For employers that knowingly do not have insurance, the Workers’ Compensation Commission may issue a stop-work order until obtained coverage can be proven.

When an employee is injured, workers’ compensation steps in instead of a lawsuit. It protects both workers and employees this way. Workers are eligible for benefits to assist with care after an injury and employees can avoid a costly lawsuit. However, if an employee does not have the required workers’ compensation insurance, they can be sued if an employee is injured during a time of no coverage. Benefits paid by workers’ compensation insurance have certain limits, but if an employee is eligible to sue their employer for an injury, there are no limits with what they can ask for.

When we hear “cosmetics” the first association is usually make-up. While lipstick, blush, and mascara are cosmetics, many other personal care products fall under the same umbrella concerning the U.S. Food and Drug Administration. Like any manufacturer, companies that produce personal care products have a responsibility to their consumers. When products are misbranded or contaminated, their customers suffer, and negligent companies need to be held responsible for a product liability lawsuit.

Under FDA standards, cosmetics include body lotions, shaving products, deodorants, tanning products, sunscreens, hair care products, hair dye, makeup, and more. Everyone uses cosmetic products, and due to the personal nature of them, faulty products can cause serious skin damage or illnesses. Cosmetics are regulated differently than food or medicine. The FDA does not approve products for consumers but keeps companies to standards for transparency and safety. For example, as of 2017, companies are required to submit ingredient lists of products to the FDA and they have the right to suspend products with safety concerns.

The standards for cosmetic companies has increased over time. There was a time where ingredients like lead were commonly used in makeup. Now, the heavy metal is widely known as a poison that could kill a person with enough exposure. It is the company’s responsibility to protect consumers from harmful ingredients. When known toxins are included, and consumers are not warned about the risk, their personal care item could eventually cause death.

Getting injured at home would not likely result in a personal injury case. However, if a person got hurt in the home of someone else, or another public or private property, they may have a case if there was negligence on the land owner’s part. A premise accident is when a property owner has legal responsibility for an accident that happens due to neglecting to provide a safe environment.

Negligence when it comes to premise accidents has to do with a lack of action on the part of the property owner. For invited parties, property owners must keep a standard of care in maintaining safety. An accident can happen anywhere, but it does not necessarily mean someone is liable. These circumstances involving negligence are considered premise accidents.

• Slipping on ice: A safe property in the summer can turn into a danger zone come winter. Snow and rain will freeze to surfaces during the coldest times of the year. Even a person wearing snow boots may succumb to the icy footing. It is a property owner’s responsibility to make sure it is reasonably safe to walk on the property. Salt or sand can help create a more secure footing on stairs and other outdoor spaces. Slipping on ice can lead to a variety of injuries after a fall.
• Getting bit by an animal: We love our pets, but they may get defensive when faced with a new situation or person. If a person was not causing a treat to a family pet, then the owner may be liable for the animal’s behavior. Getting bit by a dog can lead to several health problems including infection. Especially if the dog has a history of violent behavior, the owner will be held liable.
• Drowning in a pool: Swimming pools are a great addition to a home or a fun place for the whole family during the summer. However, they do pose risks if not supervised or maintained. If there is damage to the pool’s structure and someone slips and drowns, the pool owner may be liable for not fixing the issue. Pools should be marked with no diving signs when appropriate to avoid confusion as well. A person may dive in shallow water, and if the water debt was not made clear, the accident could have been avoided.

Contact a Kane County Premise Accident Attorney

If you have been involved in one of the above scenarios, or have been otherwise injured due to the negligence of a property owner, contact an experienced Aurora premise accident attorney. Call our office at 630-907-0909 to schedule a free consultation.

Car accidents, no matter how small can have lasting effects on the people involved. A fender bender may make a more anxious driver, or a serious accident can cause traumatic injuries or death. No matter who is at fault of the accident, there are standard procedures one should take. These things will not only prevent further devastation, but they may also help with an insurance claim of personal injury case.

The very first step after getting into a car accident may depend on the severity of the situation. If after an accident, you are in immediate danger, get to safety if possible, and then call 911. If the accident happened and you are not in direct traffic and the car is safe to remain in, calling 911 should be the first step. Even for minor accidents where no one is hurt, calling the police is still recommended. An insurance company will want an accident report when you file a claim, and it is documentation that the accident happened.

While waiting for a police officer to arrive at the scene, collect insurance information from the other driver. When you file a claim, the insurance companies will decide which side pays damages. For the person who caused the accident, their insurance company would likely pay. Examples of this would be if the driver was texting and driving, driving while intoxicated, or driving recklessly.

Even with insurance, sometimes basic medical care can be expensive. When someone experiences a catastrophic injury, the financial expenses and rehabilitation can be hard to manage by an injured person and their family. When a person goes through an accident or becomes ill, because of work, their medical expenses can be covered through workers’ compensation insurance.

Most employers in Illinois are required to purchase workers’ compensation insurance for their business or company. Even small businesses with a few employees must be compliant. This insurance protects employees if they are hurt and cannot return to work. Coverage can begin as early as three days after an employee could not come back to work because of an injury. Along with coverage for medical expenses, workers’ compensation will also provide financial support for an employee.

The kinds of injuries that will likely receive workers' compensation benefits after are burns, broken bones, paralyzation, brain damage, repetitive strain, lung diseases, and amputation.

Abuse as a negative effect on others no matter their age. However, due to children still learning and developing, sexual abuse especially can have long term effects on victims. Children cannot consent to sexual acts. In Illinois, if the offender has power over the minor, the age of consent is 18-years-old. The assault of a consenting adult is still a crime, but when the victim is a child, more is at stake.

More than four children die every day in the United States because of abuse. The majority of these children are under the age of three. When it comes to sexual abuse, one in three girls and one in five boys will be subject to sexual abuse before the age of 18. Incidents of strangers abusing children are more isolated, and 90% of all child sexual abuse is done by a known person to a child. The most likely offenders are family members.

There are many symptoms a person can face after being sexually abused as a child. Some of these effects can be seen right away, but others may manifest later in life and continue to impact a child victim. An adult who faced sexual abuse as a child may face these things in their life after the fact.

During some personal injury cases, it is quick to know when someone is negligent. A drunk driver would be breaking the law or a tired truck driver would be going over their hours. However, medical care is more subjective, and negligence may not be learned until later on. Unfortunately, sometimes this means that people with early stages of deadly progressive diseases are not diagnosed until it is too late. When is it too late to report medical malpractice?

Doctors and other medical professionals are supposed to operate under a medical standard of care. Although there is no concrete definition for this standard of care, it is used to compare a doctor’s actions regarding a situation where malpractice is claimed. For example, in a courtroom it is defined by expert testimony, and how the doctor's actions compare to a reasonably competent doctor with the same resources. Best practices and medical standards may develop over time with medical advances and knowledge.

A doctor making a mistake may not necessarily mean they are negligent. Illnesses can have many symptoms that overlap, making it hard to get a concrete diagnosis. The important part is that the doctor’s actions did not cause harm. For example, if a doctor diagnosed a patient and started treatment, but a test came to show it was something else and the doctor switched treatment, they likely would not be found to be negligent. If the doctor purposely ignored the test results, and the patient fell severely ill without the correct treatment, it may be malpractice.

In work environments where there are everyday dangers present, safety standards are important to uphold by employers. When things slip through the cracks, and an employee gets severely injured, they are able to file for workers’ compensation. When shortcuts are made by employers, employees and their families are the ones that suffer.

After a work-related accident or injury, most employees have the right to file for workers’ compensation if they cannot immediately return to work. Workers’ compensation insurance is required for all employers no matter the size of their company. The benefits included after filing for workers’ compensation include reimbursement for lost wages and medical expenses having to do with the work injury.

If an accident is caused by the employee, they are still eligible for the benefits. Workers’ compensation is there to protect workers, and also prevents lawsuits between employee and employee regarding work conditions. Accidents can be prevented when employees and employers follow safety standards. These are some of the top violated Occupational Safety and Health Administration (OSHA) standards.

Truck accidents are one of the most dangerous auto accidents a person can be involved in. This is because commercial trucks can weigh up to 80,000 pounds, which can easily cause devastation. People in passenger cars and motorcycles are the most at risk during a truck accident. During 2017, nearly 5,000 people were killed in truck accidents, and only 18% of those deaths were occupants of a truck.

When someone is involved in a truck accident more questions arise than answers. Many variables can contribute to any auto accident, but what makes truck accidents unique is that a company is behind a truck instead of another private party. A truck driver on the road is at work, and are required to follow rules like any other workplace. When these rules are broken by either the truck driver or the supporting company, the consequences are large. A victim of a truck accident may have these questions following the incident.

Do I Need an Attorney?

It is not a requirement for an accident victim to have a lawyer, but if they are seeking compensation, they will be the best resource for a successful settlement. The most important part of any personal injury case is proving negligence. If a driver was overtired or the company was not properly maintaining their fleet, a skilled attorney will know to collect this evidence for a case. Unlike a private party, a trucking company likely has a team of lawyers for this reason, so going at it alone will not likely end in the plaintiff’s favor.

Companies design products not only for profit but for our benefit. However, sometimes these products fail and cause harm or death to consumers. A product can harm a person because of a manufacturing defect, a poor design, or from an inadequate warning. A defective product may not necessarily cause serious harm or death, but when consumers suffer it is the responsibility of companies to be held liable after the fact.

The important part about a product liability case is proving that something was wrong with the product and that an injury occurred. How a product is used when the injury occurred is also important. For example, if a consumer was tampering with the electronics of a product, they would not likely have a liability claim of they were electrocuted and hospitalized. Getting compensation after a faulty product affects a person's life can cover medical expenses and time away from work. If someone dies from a fault product then their family may be eligible for compensation instead. The following are deaths caused by negligent defects.

Cars are one of the most dangerous things an average person operates. When they are manufactured or designed poorly, the consequences can be worse than a car accident. From Fiat Chrysler, 1.5 million vehicles were put on the road that had a dangerous design regarding the fuel tank. Months after the recall began, a 17-year-old boy died in a car fire caused by a manufacturing defect. In Grand Cherokee and Jeep Liberty SUVs, the fuel tank was located behind the axel. Seventy-five people have died due to fires caused by the tank being ruptured, and leaking fuel upon impact.

In an ideal world, we could take care of our loved ones as they get older. However, the children of elderly parents often have children of their own, and lives to maintain. Some elderly people require around the clock care, and unless a loved one volunteers to be a caregiver, they are left in the care of others. We trust healthcare providers to care for loved ones as they end their lives, but what happens when nursing home neglect is suspected?

Elders can be vulnerable due to their mental or physical abilities. The World Health Organization estimates 1 in 6 elders face some form of abuse. Even family members can participate in elder abuse, but a shocking 2 out of 3 elder focused healthcare workers admit to having abused a person in their care. Abuse can contribute to a faster deterioration of health, so family members need to recognize the signs of various nursing home neglect.

Physical Abuse: Causing physical harm to a patient comes in many forms. This can be violent harm, such as hitting, or negligent harm like refusing care. A healthcare professional may lash out at a patient out of frustration or rage and cause injuries. Take note of any unexplained cuts, sprains, or bruising. If a loved one breaks a bone, question the staff about how it occurred. It could be as innocent as a fall, or they could be suffering abuse.

Premise accidents can happen anywhere. From a friends’ home to the grocery store, if a person is injured while on the property of another, they can file for a personal injury claim. The most common premise accidents are slips and falls, but a person may also have a case after a dog bite, fire, or swimming pool injury. There are many reasons why a person may fall, but the key to a personal injury lawsuit is proving negligence.

What Is Negligence?

Although a property owner may not purposely cause harm to a person, if an accident could have been prevented, they may be considered negligent. Negligence is having the opportunity to fix an issue, such as a broken stair, but not following through. If a property owner is aware of an issue, they have the minimum obligation to put a warning up. For example, a wet floor sign is considered an adequate warning if surfaces are slippery inside a store after a rainstorm. If a person falls due to a medical condition, such as fainting, they would not likely be able to sue the property owner because there was no negligence involved on their part.

According to the Centers for Disease Control and Prevention, 20% of all falls lead to serious injuries. Even tripping over an exposed wire could lead to a broken bone or head injury. That being said, most falls do not end with an injury that requires hospitalization. However, the ones that do can cause stress like not being able to go to work and getting expensive medical bills. This can negatively affect not only the individual victim but their family too.

After any serious accident is a time of uncertainty. Luckily after an accident that happened at work, there are protections to alleviate some of the anxiety a serious injury can cause. It is a person’s legal right to file for workers’ compensation after a work accident, and certain benefits will be available based on the severity of the injury.

With a personal injury case, such as a car accident, to receive compensation for damages a person must sue the other involved party. With a workers’ compensation laws, an employee cannot sue an employer for an injury obtained while on the job. Instead, the employee will file for workers’ compensation. All employers are required to have workers' compensation insurance if an employee gets hurt. Workers’ compensation provides benefits such as pay for missed wages and medical care after a workplace injury.

If a workplace injury can be taken care of with a basic first aid kit, then it will not qualify for workers’ compensation. Filing for workers’ compensation means that an employee cannot work for a short or long time due to an injury, or has been developed an occupational disease. When a worker cannot return to their job, their benefits are categorized by the following:

For people who do not own a car or have limited access to public transportation, getting around can be challenging. Rideshare companies such as Uber and Lyft created a more reliable and transparent service available at our fingertips. Taxis are more prevalent in large cities, but with rideshare companies, a car will come right to you, and the distribution is growing rapidly. Rideshare companies allow drivers flexible income, but what happens when one of those drivers gets into an accident?

In most states, not having car liability insurance is against the law, but it is a requirement for all rideshare drivers. A personal insurance plan may not cover work as a driver, so Uber provides their drivers with additional coverage. This additional coverage only applies when a driver is actively working and the app is on - otherwise the driver’s insurance will cover them. If a driver’s coverage does not cover driving for rideshare, then Uber provides the following when a driver is waiting for a request:

• $25,000 in property damage
• $50,000 in bodily injury per person
• $100,000 in bodily injury

When a driver is en route or has a passenger in the car, Uber will offer up to $1 million in third-party liability coverage.