What child does not like fireworks? Although they are beautiful to look at, they can be dangerous when allowed to get in the wrong, small hands. Keeping children safe when fireworks are present should be every parent and homeowners priority, for everybody’s sake. Firework Accidents Every year there are more injuries and accidents added under the heading of fireworks. They are also the cause of fires, a reported 15,500 in 2010 alone, causing eight deaths and over $36 million in direct property damage. Some numbers to consider: For 2010, the Consumer Product Safety Commission (CSPC) reported 8600 injuries and 3 deaths from fireworks. 74 deaths have happened between 2000-2010. 6300 of these accidents were between the dates June 18, 2010 and July 18, 2010, so 73%. Over half the injuries were to young people under 20 years of age, 53%. Risk was highest for children 5-14 years of age, with… Continue Reading
Category Archives: Premises Liability
Subscribe to Premises Liability RSS Feed“Sky Shelving” Still Remains an Imminent Danger to Big-Box Shoppers, Despite Thousands of Confirmed Injuries From Falling Merchandise
Posted in Premises Liability[Photo Caption: Warehouse-like conditions in many big box stores still pose serious risks to customers.] Here in Chicago, lasts month’s uncannily good weather meant a citywide run on Costco. Who knew so many Chicagoans couldn’t function without barbecues in March? While I certainly couldn’t condemn my fellow shoppers’ activities, the sight of so many people crowding the aisles made me uneasy – especially as a premises liability lawyer who litigates falling merchandise cases. As I strolled through the store searching for whatever my children needed at that moment, I couldn’t help but think of the story of Mary Penturff. Penturff was a 79-year-old Los Angeles woman who was crushed to death while shopping for garden lattices at her local Home Depot. With her horrified daughter standing by, lumber had come crashing down onto Penturff from a nearby forklift. Then there was Todd Carranto – a 23-year-old Air Force enlistee… Continue Reading
Resort Living Ain’t All It’s Cracked Up To Be When Foreign Safety Standards Fail To Protect Children
Posted in Premises LiabilityWho doesn’t love a trip to a beautiful and exotic location? Today, many families are flocking to hotels and resorts that are not just exotic– but frequently in a foreign country. Family vacations to spots such as: Mexico, Jamaica and other countries throughout the world can really provide a great opportunity for families to reconnect. While many of these resorts indeed may be beautiful and appear to be in good order, many foreign resorts simply lack basic safety requirements that are mandatory in the states. Though I’ve never seen any statistics regarding injuries at foreign resorts, my guess is that the injury rate for foreign resorts is far higher than at their domestic counterparts. Just recently, my law office resolved injury cases for a family of four who received severe injuries when their tour bus operator fell asleep at the wheel as he drove them from the airport to… Continue Reading
When Do You Need To Contact An Attorney To Discuss Your Child’s Injury Case?
Posted in Medical Malpractice, Motor Vehicle Accidents, Pharmacy Errors, Premises Liability, Sexual AbuseSituations involving severe personal injury, medical malpractice and other types of harm inflicted on children can pose a challenge both for the individual child and his or her family. When it comes to determining how to proceed with your potential legal recourse, the best rule of thumb is to trust your instinct. If something doesn’t seem right–it’s probably not. Because most cases involving personal injury, medical malpractice or abusive circumstances to children take place both behind closed doors and with a child who not be capable of articulating the particulars, timely retention of a lawyer– who works on your behalf– is important to conducting an initial investigation and case assessment. Despite the fact that statute of limitations– specific time allotments to file a lawsuit– may extend the time for pursuing a case on behalf of a child, valuable evidence may need to be gathered as soon as feasible following an incident. In… Continue Reading
Cheap Window Locks Can Reduce Chance Of Children Falling From Windows
Posted in Premises LiabilityA five dollar window lock can substantially reduce the chances of children falling from an open window in an apartment building. Seems like common sense, yet many property owners and landlords who own and manage buildings where children are present fail to provide this basic safeguard that restricts children from opening a window past a point where they could manage to get out. Every year, the warmer weather leads to a series of incidents where young children manage to wrangle open a window in an apartment or hotel and fall out suffering injury or even death. While a fall from any height is certainly alarming, in the case of young children– the situation is particularly problematic as young children commonly have heads that are disproportionally heavy compared with the rest of their body. This weight distribution dictates that some of these children fall head first– resulting in some horrible brain… Continue Reading
After The Chicago Blizzard Of 2011, It’s Important To Evaluate The Law With Respect To Slips & Falls On Ice And Snow
Posted in Premises LiabilityDuring the winter months, our law office gets many calls from parents coping with an injury to a child due to a fall on ice and snow. While some of these cases are particularly disturbing in light of the fact that the child may have sustained serious injuries, from a legal perspective, these cases can be difficult to prosecute and recover compensation for the resulting injuries. Children, in particular, rely on the property owners to provide a facility free of dangers that might cause dangerous falls or accidents. This responsibility includes the removal of snow and ice, which creates a serious risk of falling. In Illinois, injuries that occur on another person’s property are governed by the Premises Liability Act (740 ILCS 130), which instills a responsibility on owners or occupiers of land owe invitees and licensees a duty of care to maintain their property. An owner or lessee… Continue Reading
Property Owners May Be Liable If They Fail To Provide Safeguards For Windows & Children Get Injured In Falls
Posted in Premises LiabilityPerhaps the parent of a toddler who fell from a third-story window of an apartment building should buy a lottery ticket? Amazingly, news reports regarding the child’s fall indicate that the boy sustained no injuries after falling from a window in the families apartment in North Carolina. Particularly, as seasonal temperatures return to many areas of the county, and people open windows for fresh air, parents need to be mindful of the very real risk of having young children around open— and unguarded windows. Unfortunately, most similar reports of young children falling from windows involve children who aren’t so lucky. Most childlen who fall from buildings with unsecured or defective window guards suffer catastrophic injuries such as fracutred bones or brain injuries. Every case where a child has suffered an injury due to a fall from a window deserves to be examined closely to determine if the property owner, maintenance… Continue Reading
Are Some Child-Amusements Taking ‘Scary’ Too Far?
Posted in Amusement Parks / Carnivals, Premises LiabilityIn my house, it seems like we start celebrating Halloween in July! Costumes, parties, candy– and yes a trip to a haunted house or two seem to fill our schedules in the weeks leading up to the big day. In the past few years, I noticed a trend towards bigger and more exciting haunted houses where there is more of everything– monsters and blood— but a noticeable lack of safety. Most of the haunted houses are put together quickly— and without much oversight from regulatory agencies as to how they are constructed or the types of trickery they intend on providing. Highlighting risk of injury to children at amusements A recently filed lawsuit in Tennessee is a reminder that perhaps haunted houses need to begin to reconsider their safety. Apparently, the seven-year-old boy fell from a ramp and broke is arm as he was being chased by a man with… Continue Reading
Building Codes Are Intended To Improve The Safety Of Children At Businesses
Posted in Premises LiabilityBuilding codes are various regulations that apply to both new and existing properties that are adopted into law by various governmental entities. While the specific provisions of the codes may be incredibly specific, the overriding principal behind the codes are to protect the public from harm due to dangerous conditions. Sadly, it appears as though a building code violation at a Chicagoland hotel may be to blame for a significant injury to a toddler. Several weeks ago, a two-year-old boy fell more than 30 feet down an elevator shaft in a hotel. Apparently, the boy hit a button in the elevator and managed to open the elevator doors between floors. He then fell through the gap that was created between the elevator doors wall of the elevator shaft. Tragically, the boy sustained serious head trauma in the fall and is now getting medical attention at Children’s Memorial Hospital in Chicago…. Continue Reading
Faulty Boilers Putting Families At Risk For Carbon Monoxide Poisoning
Posted in Community News, Premises LiabilityAs we head towards the cool fall weather, it is important to remember to have your furnace checked by certified hvac personnel. Faulty furnaces, boilers and other types of heaters can be responsible for creation of unhealthy levels of carbon monoxide gas. Carbon monoxide is a nearly inperceptable gas (no color, taste or scent) that can rapidly accumulate in a home or apartment setting. When carbon monoxide levels reach a level of 150 to 200 parts per million, serious injuries– and even death may result. Just recently, I read a news report regarding three residents in a Chicagoland suburb who were hospitalized due to the accumulation of carbon monoxide in there home that accumulated due to a faulty boiler. Children are particularly susceptible to the effects of carbon monoxide poisoning due to their developing lungs and organs. Families should be sure to install carbon monoxide detectors in their homes to… Continue Reading