Chicago Personal Injury Lawyer Blog

Last week, an eighty-eight year old female was killed while riding an escalator at a train station in Lindenhurst, New York. Initial reports indicate a broken escalator handrail prevented the elderly woman from grasping the handrail. The woman's clothes then got stuck in the escalator while she was on the ground, causing the woman to slowly choke to death. Just minutes before the woman's apparent wrongful death, an elderly man had a similar incident on the same escalator but seemed to escape serious personal injury.

In the United States, there are approximately 35,000 escalators providing about 105 billion passenger trips each year. Most escalators are located in commercial and public buildings like malls, hospitals, airports, and train stations. Although escalators speed up passenger travel from one point to another, escalators can cause serious injury or death if they are defective or improperly maintained.

Continue reading "Broken Escalator Handrail Blamed For Death of Elderly Women" »

Last month, Goodyear Tire recalled about 41,000 Wrangler Silent Armor tires made in 2009 based on concerns some could tear and lead to auto accidents. The recall comes on the heels of a fatal roll over crash in Texas involving a vehicle equipped with the tires. According to a Goodyear spokesman, there are approximately 27,000 of these tires still in service on various pickup trucks, vans and SUVs. In a letter to the National Highway Traffic Safety Administration, Goodyear said during severe weather a small number of its Wrangler SA could experience tread separation and cause vehicle damage or a vehicle crash.

Goodyear and other tire manufacturers have faced hefty lawsuits involving serious personal injury and wrongful death for allegedly defective tires. In 2004, four people were killed in a Utah auto accident equipped with Goodyear tires. The surviving family members filed a wrongful death, product liability lawsuit alleging the deadly crash was caused by a Goodyear tire that blew out, resulting in the family van overturning on the highway. Last year, the Nevada Supreme upheld a $32.2 million dollar verdict for the family and against Goodyear.

Continue reading "Goodyear Recalls Wrangler SA Tires That May Cause Auto Accidents" »

Less than two years since the Indiana State Fair stage collapse that killed seven and injured over forty-five others, fingering pointing among those involved has escalated dramatically. The Indiana Occupational Safety And Health Administration recently levied fines against Mid-America Sound Corp, the company charged with erecting the stage, the Indiana Fair Commission, the entity in charge of the venue, and the union that worked the site. Although Mid-America Sound received the largest fine, the company denies any responsibility. Instead, Mid-America Sound blames the Fair Commission, claiming they failed to heed warnings about the stages structural integrity during high winds. The Fair Commission blames the band Sugarland, who was scheduled to perform just before the storm, claiming the band refused to delay their concert despite being told of severe incoming storms. While there is much debate around all who should be blamed, the basic facts about what happened are well established.

On August 13, 2011 at 6:00 PM, the National Weather Service Storm Prediction Center issued a "severe thunderstorm watch" for central Indiana, which included the location of the Indiana State Fair in Indianapolis. The Emergency Alert System bulletin cautioned the storm was capable of producing winds up to 70 MPH. At 8:39 PM, the Indiana State Police say they issued a warning to the crowd in the grandstand suggesting they should take cover because of incoming severe weather. About ten minutes later, strong winds thundered in causing the stage to collapse, resulting in 4 deaths. Over 45 others suffer various personal injuries. Wind gusts exceeded 70 MPH. The stage collapse occurred between live musical performances by Sara Bareilles and Sugarland. Earlier, pop singer Janet Jackson and country band Lady Antebellum cancelled their performances.

Since the stage collapse, lawyers for those injured or who lost loved ones filed a class action lawsuit against the State of Indiana for personal injury and wrongful death. Most of those claims have settled. Another lawsuit had been filed against Sugarland claiming the band negligently refused to delay starting their concert despite being told of impending severe weather.

Continue reading "Fingering Pointing Escalates Over Deadly Indiana Stage Collapse" »

After watching the Super Bowl, Jason Wepsiec left his home in Sauk Village to see his fiancé in Plainfield. What Wepsiec and his fiancé did not know is that he would be killed in a car accident later that morning by an alleged drunk driver. Wepsiec was traveling down I-80 outside of Chicago when the operator of an Infinity, traveling the wrong direction, crashed into Wepsiec. At age 34, Wepsiec was killed along with three of the four people in the Infinity including the driver.

According to police, the driver of the Infinity, Gustavo Vargas, was traveling down I-294 when he inadvertently turned onto westbound I-80. Rather then wait until the next exit, Vargas decided to make a U-turn on I-80 heading east in the westbound lanes to get back to the northbound Tri-State expressway. As a result of the head on collision, the Infinity exploded into flames. Both vehicles involved in this horrific car accident are nearly unrecognizable. The impact was so severe that the frontend damage to Wepsiec's Ford Escort extended to the back seat.

Continue reading "Fatal Chicago Area Car Accident By Drunk Driver Traveling Wrong Way" »

Motorcycles accidents result in over 5,000 deaths every year in the United States. Compared to automobile drivers, motorcycle riders are 30 times more likely to be killed in a crash. The main reason for the high rate of motorcycle accident fatalities is that motorcycles provide virtually no protection in the event of a crash compared to a car. As a Chicago personal injury lawyer, I am all too familiar with risks of catastrophic injuries from motorcycle accidents. However, there is one simple measure that can drastically reduce the risk of a fatal motorcycle accident. That simple measure is to wear a helmet.

Motorcycle helmets prevent 37% of motorcycle rider fatalities and 41% of passenger fatalities. Thus, helmets increase a motorcycle rider's (and passenger's) chance of survival by over one third. In addition, motorcycle helmets help prevent serious personal injury including brain damage. Indeed, motorcycle helmets reduce the risk of serious head injuries by 69%.

Continue reading "Is It Suicidal For A Motorcycle Rider To Not Wear A Helmet? " »

Choking hazards are leading cause of unintended wrongful death and serious personal injury in small children. Every year, the Consumer Product Safety Commission (CPSC) issues recalls for toys that can pose a risk of injury to children, including choking hazards. Just recently, the CPSC and Health Canada announced the recall of the Colorful Hearts Teddy Bear By Build-A-Bear. The recall was announced because the teddy bear's eyes could loosen and fall out, creating a choking hazard for small children. For additional information on this recall and other recalled toys, visit the CPSC website at http://www.cpsc.gov/.

Choking is the fourth leading cause of unintentional death in children under 5. The size of a small child's trachea is about the diameter of drinking straw. Thus, any small item can pose a serious risk of choking. Common sources of choking hazards include toys, household products and foods. Toy manufacturers often label their products as choking hazards. However, just because product manufacturer does not provide such a warning is no guarantee the product poses no choking hazard, particularly if it breaks. Indeed, there have been many product liability lawsuits that involve a failure to warn by the manufacturer, including those involving choking hazards.

Continue reading "Choking Hazards From Toys And Household Items A Serious Matter" »

Early this month, the National Transportation Safety Board (or NTSB) recommended a full ban on the use of cell phones while driving. The proposed ban also includes any other texting devices while driving. Emergency situations are exempt from the ban. According to the NTSB, a complete ban on cell phone use by drivers, including hands free devices, is necessary to combat the growing dangers of auto accidents caused by distracted driving.

Personal injury lawyers like myself have long recognized that distracted driving is a leading cause of car accidents and other motor vehicle collisions. When a driver is distracted while driving, the risk of collision increases dramatically. This happens because the driver's attention is focused on something other than their most important task--driving their vehicle. As a result, something happens in front of the distracted driver that they do not perceive quickly, if at all, resulting in, at best, a delayed reaction to approaching danger.

Nearly everyone agrees that distracted driving is dangerous and can cause serious injury or death. Nearly everyone agrees texting, reading email, and dialing a phone number all examples of distracted driving. However, nearly every driver has guilty of this practice. All too often, the lesson of distracted driving is only realized when a serious accident occurs.

Continue reading "NTSB Wants Full Cell Phone Ban On Drivers To Reduce Car Accidents" »

The holidays are a wonderful way to spend time with family and friends. Part of the holiday fun for many includes buying toys for children. In the fast passed holiday season, it is important to take time purchase toys that are both fun and safe. Every year thousands of children suffer serious personal injury or are killed by toys. Having handled product liability cases including those involving children's toys, I have combined my thoughts on toy safety with some excellent advice offered by Cincinnati Children's Hospital and the American Academy of Pediatrics.

Buy Age Appropriate Toys: Virtually all toys these days have a label indicating the minimum age recommended for the toy. This is important for not only how likely the child will enjoy the toy given their age, but also whether the toy is safe for the child. Some toys for older children are dangerous younger children. This is particularly true for children under the age of two who are at higher risk for choking on toys.

Buy Sturdy Toys Without Sharp Corners: Purchase toys with sturdy construction. Flimsy, cheap or otherwise poorly constructed toys can break easily and injure a child. Likewise, toys with sharp corners can be dangerous especially for very young children. The biggest concern with sharp corners is the risk of eye injuries.

Continue reading "Safety Tips On Holiday Toys" »

In March 2012, Pennsylvania will become the 35th state to prohibit texting while driving. People who violate the law will be subject to a $50 fine. In contrast, the fine for drunk driving in Pennsylvania is $300. Among those states to ban texting while driving, the fines for drunk driving are all considerably stiffer than those for texting while driving. As a personal injury lawyer, I never understood this reasoning. After all, texting while driving is often far more dangerous than drunk driving.

In 2009, Car Driver magazine's editor, Eddie Alterman, did an experiment comparing the dangers of drunk driving to the dangers of texting while driving. While at a dessert airstrip, the experiment measured reaction times using a light mounted on a windshield for a driver who is intoxicated compared to when the same driver is texting while driving. When the light illuminates on the windshield, the driver is required to hit the brakes. While legally intoxicated, the driver's stopping distance from 70 MPH was reduced by 4 feet compared to when he was sober. While texting and driving, the same driver's stopping distance was reduced by 70 feet compared to when he was sober.

Texting while driving, reading an email while driving, and other distractions while driving are incredibly dangerous. In each situation, the driver's eyes are focused down at their cell phone. With a drunk driver, they are at least looking at the road. If a driver suddenly slams on their brakes, the driver who is looking down at their cell phone has no chance.

The fundamental danger behind texting while driving is that it distracts the driver from focusing on the road. According to the National Highway Traffic Safety Administration, over 15% of fatal auto accidents are caused by distracted driving. The number of injuries in auto accidents from distracted driving is 20%.

Continue reading "Is Texting While Driving More Dangerous Than Drunk Driving?" »

On November 19, 2009, an infant under four months allegedly died from suffocation in a baby sling. The Illinois family hired a Chicago personal injury lawyer who filed suit against the manufacturer, Eddie Bauer, and others. According to the suit, the baby sling was defective because it failed to provide a safety mechanism to prevent infant suffocation and failed to adequately warn about these dangers. The suit alleges the baby sling forced the baby's chin to her chest causing "positional asphyxia" or oxygen deprivation from breathing difficulty.

The lawsuit filed by the Illinois family is a type of product liability, wrongful death case. A product liability lawsuit is a type of personal injury case. In a product liability lawsuits, there are several theories from which a party may recover, including strict liability, negligence, and breach of warranty of merchantability. However, the primary argument for any product liability case is that the product is unreasonably dangerous. On occasion, the Consumer Product Safety Commission (or CPSC) investigates reports that a product has caused serious injury or death.

A baby sling is a popular product that allows parents or caregivers to literally wear their infants as they go about their busy lives. In March 2010, the CPSC issued a warning regarding the dangers of baby slings. The warning was issued after at least three babies died in baby slings in 2009 alone.

Continue reading "Chicago Product Liability Suit Filed: Infant Suffocates In Baby Sling " »

Penn State football coach Joe Paterno has been among the most universally respected coaches in college football--that is, until the recent sex abuse engulfed his reputation. Paterno's former defensive coordinator, Jerry Sandusky, is accused of sexually assaulting at least eight young boys over the last fifteen years, including one as young as ten years old. Two current Penn State officials, Athletic Director Timothy Curely and Senior Vice President of Finance Gary Schulz, have been indicted on charges of perjury and failing to report the sexual abuse to police as required by Pennsylvania law. In short, it appears these two official covered up the story. If true, they undoubtedly decided it was more important to protect the university's reputation than the safety of future children who were subsequently sexually assaulted by Sandusky.

As a Chicago personal injury lawyer and father of two young children, I was both shocked and disgusted when I heard this story. There is no question that Sandusky and others who covered up his sexual abuse of children should go to jail if the allegations are true. For his part, Sandusky is accused of sexually assaulting at least eight young boys, most or all of whom he met through a charity he founded to help troubled youth. According to the grand jury indictment, Sandusky's involvement provided him "access to hundreds of boys, many of whom were vulnerable due to their social situations." As more evidence comes to light, it appears Coach Joe Paterno knew that Sandusky, in 2002, reportedly sexually assaulted a young boy in a Penn State locker room shower, but Paterno did not report the matter to the police.

Sandusky served as defensive coordinator under Paterno from 1976 to 1999. After retiring in 1999 as a coach, Sandusky was allowed to maintain his presence at Penn State with an office in and free run of the football complex. In 2002, a graduate student allegedly witnessed Sandusky performing anal sex a little boy that appeared to be about ten years old while in a Penn State football shower. The graduate student then reported the incident to Paterno. Paterno did not alert the local police; instead, Paterno reported the matter to Penn State Athletic Director, Timothy Curely. According to Paterno, he fulfilled his obligation to report the matter to Curley. In a statement, Paterno said "[i]t was obvious that the witness was distraught over what he saw, but he at no time revealed to me the very specific actions contained in the grand jury report. Regardless, it was clear that the witness saw something inappropriate involving Mr. Sandusky. As coach Sandusky was retired from our coaching staff at that time, I referred the matter to university administrators." In response, University administrators prohibited Sandusky from bringing young children onto the campus. Most importantly, no one reported the matter to the police. Sandusky was then allowed to sexually abuse other children--just not on the Penn State campus.

Continue reading "Should Coach Paterno Resign Amid Penn State Sex Abuse Scandal?" »

Over a decade ago, the major four tobacco companies in the US entered into a major settlement agreement with 46 states. The settlement required Phillip Morris, RJ Reynolds, Brown & Williamson, and Lorriad to pay $206 billion dollars to these states over a 25-year period. As a Chicago personal injury lawyer, I was always curious to see how Big Tobacco would be doing a decade later. As it turns out, they are doing just fine.

According to the Centers Disease Control ("CDC"), adverse health effects from cigarette smoking cause an estimated 443,000 deaths in the US or nearly one in five deaths in the US. More deaths are caused by tobacco use than by all deaths from HIV, illegal drug use, alcohol use, motor vehicle accidents, suicides, and murders combined. Ninety percent of all chronic lung diseases are caused by smoking. Ninety percent of lung cancer deaths in men and eighty percent of lung cancer deaths in women are also caused by smoking.

In 1998, the largest US tobacco companies entered into a Master Settlement Agreement ("MSA") with all US states except four (who previously settled with US tobacco companies). The 46 states that signed the MSA sought recovery for massive healthcare expenses incurred by states from tobacco use. In exchange for $206 billion and limitations on marketing practices, the tobacco companies received blanket protection from private personal injury and wrongful death lawsuits for harm caused by tobacco use. Many experts believe shielding these companies from individual lawsuits saved the tobacco industry far more than what they agreed to pay out to the states under the MSA.

Continue reading "How Is Big Tobacco Doing Decade After Major Settlement? " »

Car accidents and other motor vehicle accidents are a leading cause of personal injury and wrongful death in the US. When motor vehicle accidents involve large vehicles such as a bus or truck, the risk of serious injury or death only increases. According to a recent report by the National Transportation Safety Board (or NTSB), the rate of fatal bus accidents is seven times higher for curbside buses than other bus operators. As a Chicago personal injury lawyer, this report reveals a serious danger among curbside bus operators that must be corrected.

There are 360 million bus passengers every year. Most bus operators pick up passengers at traditional, designated bus stops. In contrast, curbside bus operators pick up passengers from street corners, parking lots, and in front of retail stores.
Curbside bus operators have become increasingly popular based, in part, on their cheap fares. However, as with many things in life, cheaper is not always better--particularly when it comes to safety. More than half of curbside bus operator companies have been in business for ten years or less. Most curbside bus companies have 10 buses or less in their fleet. Thus, curbside bus companies are usually less experienced compared to traditional bus operators. According to the NTSB report, new bus companies were more likely to have higher accident rates and roadside inspection violations. Most alarming, the rate of fatal accidents for curbside bus accidents is seven times higher compared to conventional bus operators.

Continue reading "Curbside Buses Have Much Higher Rate Of Deadly Accidents" »

Car accidents are a leading cause of death and personal injury in the US. Most of these accidents involve two or more vehicles. Among the worst types of accidents involving a vehicle is when the vehicle strikes a pedestrian. Last night, a six year- old girl was killed and another was injured when a car hit the girls while they were crossing the street on Chicago's South Side. As a Chicago personal injury lawyer, I am sickened when I hear these types of stories.

A "pedestrian knockdown case" is often a potentially deadly accident. It occurs when a person is on foot when hit (or knocked down) by a vehicle. A critical issue in most of these cases is whether the pedestrian was within a crosswalk at the time of the accident. A second important issue is whether the pedestrian had a red light or do not walk sign when they were injured. In general, pedestrians have the right-of- way in Illinois unless they have a red light or do not walk sign. In many instances, the driver claims he or she had the right away and the pedestrian did not and/or was outside of the crosswalk at the time of the accident. Consequently, these cases are often hotly contested.

Continue reading "6 Year Old Chicago Girl Dies When Hit By Car In Crosswalk" »

About three-quarters of the world's total population uses cell phones. No doubt, the percentage in US is even higher. As a Chicago personal injury lawyer and cell phone user, I have often wondered whether cell phones present any dangers to consumers in terms of cancer. After all, cell phones are usually no more than a few inches away from most US users. A Danish group recently completed extensive research on this issue and found no evidence of a link between cell phone use and cancer rates.

Cell phones work by sending signals to nearby cell towers through RF waves. These waves are a form of energy located between the spectrum of a FM radio wave and a microwave. According to the America Cancer Society, "like FM radio waves, mircrowaves, visible light and heat, [RF waves] are a form of non-ionizing radiation. They cannot cause cancer by directly damaging DNA. RF waves are different from strong types of radiation such as x-rays, gamma rays, and ultraviolet (UV) light, which can break the chemical bonds in DNA."

Continue reading "Study Finds No Link Between Cell Phones And Cancer" »