August 20, 2008

Is your safety belt fitting you properly?

Wearing your seatbelt properly is an important part of operator and passenger safety and has been proven effective in reducing personal injury in car accidents.

1. The lap belt should be worn across the hip bones - never be positioned across the stomach or soft part of the abdomen.
2. The shoulder strap should be as snug as possible and yet allow the driver to reach important controls. Adjust the shoulder strap so it is comfortable. Wearing the shoulder strap tucked under the arm or behind the back is dangerous and can cause serious personal injury.

For more information, check out the Cyber Drive Illinois.

August 19, 2008

Your safety: Illinois safety belt law

In order to avoid extreme damages from car accidents, it is imperative that people wear seatbelts. In Illinois, seat belts must be worn by all drivers and front seat passengers age 8 and over even if the vehicle has air bags. Anyone guilty of disobeying the law is subject to a fine and court costs.

For more information.

August 19, 2008

Motorcyclist in Critical Condition After Motorcycle Accident

A man was driving his motorcycle east on Chicago Avenue in Naperville, a suburb of Chicago, Illinois, when he struck a vehicle making a left hand turn. The motorcyclist, who was not wearing a helmet, is currently in critical condition after sustaining severe personal injuries. Both the driver and passenger in the struck car did not sustain any personal injuries. Police believe there could have been a second motorcycle involved that may have fled the scene. Police have not as of yet cited the driver for negligent driving or reckless driving. They do not believe speed was a factor in the automobile motorcycle accident and while no charges have been filed, the investigation continues. At this time, there have been no personal injury lawsuits filed, the motorcyclist remains in the hospital with serious personal injuries. To read the full story click here.

August 19, 2008

Case Law Update: Federal Tort Claims Act in the Context of Prisons

The recent decision in Gil v. Reed, No. 06-1414 (7/23/08) declared that an earlier District court decision where summary judgment was granted to Defendant prison officials in regards to a FTCA and a Section 1983 claim was erroneous. The Plaintiff claimed that the Defendant prison officials committed negligence and medical malpractice when the Plaintiff’s specialist’s treatment orders were not followed: Plaintiff’s prescribition for antibiotics was not filled and another prescription was prescribed for Plaintiff despite warnings by another medical specialist. The Court declared that a question existed if Plaintiff was harmed by one or more of the Defendant’s alleged acts and sufficient facts also existed to raise an Eight Amendment issue. The Case has been vacated and remanded so the personal injury negligence suit and medical malpractice suit will be resolved in the near future.

August 19, 2008

Case Law Update: Uninsured Motorist Vehicle Coverage

The recent decision of Clayton v. Millers First Insurance Companies No. 5-07-0061 (July 25, 2008) declared that an earlier trial court decision was erroneous when summary judgment for the Defendant insurance carrier was granted. The trial court decision wrongfully declared that a minor plaintiff who resides with the named insurance holder for several years did not qualify as a member of the named insured’s household. The recent decision clarified that the trial court’s definition of member of household was inadequate since it did not include wards or foster children. As personal injury lawsuits often overlap with lawsuits by insurance companies this new decision may help many insured plaintiff’s who have custody of foster children or wards of the state.

August 18, 2008

Consumers at risk by recalled products

The number of recalled products has increased in the past few years, but often times notice that an item is defective never reaches the owner. It is likely that many recalled goods are still on the road or in one’s home.

As products liability attorneys and personal injury attorneys, Levin & Perconti seek to inform you as readers of any recalled products as soon as we learn of them .

For the full article.

For the latest FDA recalls.

August 17, 2008

Court ruling prevents injured workers from receiving workers’ comp benefits

A recent Michigan Supreme Court decision threatens to hinder the process of workers’ compensation that has sought to help employees injured on the job. The Michigan court added new requirements to receiving workers’ comp benefits, including a heightened evidentiary standard and a new requirement that the claimant is required to provide a transferable-skills analysis to prove a disability.

For the full article.

August 17, 2008

Nail salon cited for workers’ comp violations

A sting operation was conducted at a nail salon which led to five citations for workers’ comp violations. The operation was conducted to enforce laws concerning workers’ compensation insurance coverage. The operation was in response to complaints of businesses failing to have required workers’ compensation insurance coverage on employees.

For the full article.

August 17, 2008

Lawsuit Filed After Propane Blast

Residents affected by a recent propane blast have filed a class action personal injury lawsuit against the propane company for the effects that the blast has had on them. Many personal injuries have been sustained as a result of the blast as well as several deaths. There is no word on whether wrongful death suits will be filed by the families of the victims in addition to the personal injury lawsuits. The propane company responsible for the blast had received previous warnings over unsafe practices. For the full story click here.

August 16, 2008

School faces personal injury lawsuit after school shooting

The family of an eighth-grader who was shot by a classmate has filed personal injury lawsuits against the school district and the county. The personal injury lawsuits allege that the school’s failure to protect the boy led to his death.

For the full article.

August 15, 2008

Lawyer suspended after practicing after mishandling a client’s money after winning a personal injury lawsuit

In one of those pieces that we never like to read about, an attorney has been suspended for unethical conduct. The attorney is banned from practicing law for two and a half years because he mishandled a client’s money after winning a personal injury lawsuit.

For the full article.

August 15, 2008

Vitamin maker faces products liability after customers claim vitamins made them sick

A vitamin maker is facing potential products liability lawsuits following the negative effects of its Total Body Formula. At least 197 people in a dozen states have had frightening symptoms after taking the liquid supplement of Total Body Formula. Their hair fell out in clumps and fingernails fell off. They also suffered nausea, vomiting, fatigue, and disabling joint pain.

Several batches of Total Body Formula contained hazardous amounts of the mineral selenium. In March, the FDA issued the first of three warnings, advising consumers not to use Total Body Formula in tropical orange and peach nectar flavors. Tests found that the supplement contained amounts of selenium and chromium that were seventeen times higher than recommended.

For the full article.