August 29, 2014

Wrigley Field Fall Leads to Premises Liability Lawsuit Against Chicago Cubs

by Levin & Perconti

While growing up, chances are that you saw a cartoon where a character was walking along and slipped on a banana peel. However you may have not realized that these cartoons were comically presenting a real issue of the law: premises liability. The banana peel that you saw your favorite character slip on was actually a hazard that a landowner should have known about, fixed, or warned visitors about. While these accidents appear funny in cartoon, unfortunately in real life slip and fall accidents can leave victims with serious personal injuries.

According to a recent article by the Cook County Record, a woman is suing the Chicago Cubs after she experienced a slip and fall accident in a Wrigley Field bathroom. She filed a premises liability lawsuit this month in Cook County Circuit Court. The complaint describes how she was in a bathroom on the main level when she slipped in a puddle of water that was on the floor and became injured. The complaint accuses the Chicago Cubs Baseball Club LLC of failing to maintain the premises in a safe condition. The plaintiff seeks over $50,000 in damages.

Slip and fall accidents are common claims in premises liability lawsuits. Landowners, particularly in this instance owners and operators of commercial property, have a legal duty of care to those on the premises to keep them safe and not cause injury. When a visitor to commercial property suffers injury, such as through a slip and fall accident, the property owner may be held liable through a premises liability lawsuit. In a premises liability lawsuit the burden of proof is on the plaintiff to prove that injury was caused by the property owner failing to maintain property, that the property owner caused an unsafe condition, or that the property owner knew about the hazard on the premises but failed to warn those on the property. If the landowner's negligence in remedying or inspecting for the dangers led to injuries, they can be held liable as it was their duty to provide safe premises and keep invitees free from danger and injury.

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March 28, 2014

Frankfort Jewel-Osco Sued for Negligence in Slip and Fall Lawsuit

by Levin & Perconti

As our readers know, customers have the right to be safe and free from injury when shopping at local commercial entities, such as grocery stores. Under tort law (the area of the law which covers personal injuries), customers are called invitees and are owed the highest duty of care from store owners, as they are people invited onto the property to do business and benefit the owner. For that reason, it is the duty of those who operate the store to keep it free from dangers, warn of known dangers, and immediately remedy any dangers when they discover them.

According to an article by the Cook County Record, a Frankfort, IL Jewel-Osco is being sued for negligence in a slip and fall accident. A man filed this suit after he sustained injuries when falling over an item that was left on the ground in the aisle of the Jewel-Osco. The complaint elaborates that he tripped on a broken and loose refrigerator plate on the floor, which caused him to fall and become injured. He is now seeking damages in excess of $50,000.

In court, the plaintiff in a slip and fall accident must show one or more of three factors to be successful in the lawsuit. First, the plaintiff must show that the property owners failed to maintain the property. In this way, the plaintiff would present evidence that the plate was loose and damaged and had not been maintained by the store. Second, the plaintiff could show that the property owners created unsafe conditions, which caused the injury. In this way, the plaintiff may argue that the store was the cause of a dangerous condition that caused injury. Third, the plaintiff could argue that the property owners knew about the dangerous premises but did not alert visitors to this knowledge. Here, the plaintiff would argue that this was an open and obvious hazard that the store would have known about but failed to remedy it or warn others, such as by blocking it off, closing the aisle, etc.

Our attorneys have represented plaintiffs in slip and fall personal injury lawsuits for over 20 years and are understand the laws regarding Illinois premises liability. If you have suffered serious or life-changing injuries in a slip and fall accident at a local business, you may have a legal claim for negligence. If you choose to file a lawsuit, remember to do so immediately as to avoid running over the time limits imposed by the Illinois Statute of Limitations. Our attorneys would be happy to discuss your potential claim with you in a free consultation. Call us today, and we may be able to help you obtain the compensation that you deserve.

March 27, 2014

Woman Sues City of Chicago For Slip and Fall Over Parking Meter

by Levin & Perconti

A lot of the time when we discuss slip and fall accidents, they occur at the site of a commercial building where the owner or manager is easily ascertained by the location. For instance, when someone falls inside of a grocery store as a result of dangerous conditions and suffers serious injuries, they may be able to hold the store’s owners accountable in a lawsuit. However, consider when someone falls outside on the pavement. Many people do not realize that in these instances there is still an entity, such as a city, who owes them a duty of care to maintain safe premises.

In a recent case discussed by the Cook County Record, a woman is suing the city of Chicago for the injuries she sustained after she fell over a partially removed parking meter. In her complaint, she alleges that she suffered injuries as the result of a poorly maintained parking meter, and thereby, that it was the duty of the city to maintain the meters and keep them hazard free. In her complaint, she describes how last March she tripped and fell over a parking meter that was partially removed near the intersection of Armitage and Western in Chicago. The plaintiff elaborates that the city did not entirely remove the meter, and with this knowledge, failed to warn people that the base was still present. The exposed base of the meter caused her to trip and she injured her head, shoulder, and teeth when she fell. She is now seeking damages over $50,000 plus court costs.

As a reminder, in slip and fall cases, the plaintiff may be able to hold a company or entity legally responsible for their injuries, but the victim must prove that the entity’s negligence led to the injury. As in this case at hand, these slip and fall cases would entail proving that an injury was foreseeable, that the entity had knowledge of the hazard, and that the hazard was under the control of the entity and not another.

If you have suffered injuries in a slip and fall accident on the premises of another’s property or business, you may be able to hold them liable in a lawsuit for negligence and be awarded fair and just compensation for the injuries you have suffered. Our attorneys are experienced in these and other personal injury lawsuits and may be able to help you with your claim. Call us for a free consultation, and we would be happy to discuss your case with you.

March 12, 2014

Lyric Opera of Chicago Sued For a Fall on Premises

by Levin & Perconti

As our readers know from our past discussions on our personal injury blogs, owners and operators of commercial buildings can be held liable for injuries suffered by patrons on the premises. Where a landowner fails to warn patrons of dangers, fix dangers, or causes injuries to patrons, victims can file a premises liability lawsuit. It is the duty of the owners and operators of the premises to prevent injury, warn of any dangers, and remedy all known hazards for all patrons of the establishment.

A partially blind woman is suing the Lyric Opera House of Chicago after she fell on the premises, according to an article by the Cook County Record. The woman has filed suit in Cook County Circuit Court against Lyric Opera of Chicago and Travelers Insurance (the opera house’s liability insurance carrier) in a premises liability claim. The victim is blind in one eye. According to her complaint, she was attempting to take her seat in the opera house, fell, and was injured. She argues in her complaint that the defendants failed to provide adequate lighting for patrons taking their seats. She is seeking over $50,000 in damages.

Under premises liability law, when an accident or injury occurs on another’s property, the owner may be legally liable if it was their negligence that led to the injury. A plaintiff must prove that property owners failed to maintain the property or created unsafe conditions which caused injury. This is what the victim at issue is attempting to prove by arguing that lack of adequate lighting by the seats led to her fall and injury. Here, the victim will need to prove that but for the lack of light, she would not have fallen and suffered injuries and that her injuries were preventable by the opera house had they provided the needed light. If successful, she may be able to recover costs for her injuries, medical bills, etc.

In the past, our attorneys have helped victims of premises liability injuries recover fair and just verdicts and settlements for their suffering and losses. For instance, in W.M. v. S.E. et al, a handy man was seriously injured while working for the defendant. In the case, the defendant was aware of the unsafe conditions on the property but failed to fix the dangers or warn or prevent the plaintiff from going to the dangerous area. Our attorneys successfully defended the rights of this man and obtained a $1.2 million settlement. If you or someone you love has also been hurt on another’s premises, you could recover compensation for your injuries suffered through a lawsuit. Call our firm today, and one of our attorneys would be happy to discuss your potential case with you.

March 12, 2014

Chicago Suburban Bar Named in Slip and Fall Lawsuit

by Levin & Perconti

Slip and fall accidents are an unfortunately common yet often preventable when property owners take proper precautions. Despite the knowledge that one needs to protect visitors on property from known dangers or foreseeable harms, our attorneys frequently file lawsuits involving slip and fall accidents on behalf of injured clients.

Premises liability tort law surrounds the rule that landowners are liable for the injuries of visitors or customers (legal invitees) suffered on the property, and that landowners have a legal duty to make the premises safe, warn of dangers, and immediately fix and remedy known dangers. Also, this legal duty is not new but has been knowledge to landowners since the middle of the 20th century. The legal standard for negligence and premises liability comes from a federal case from 1947 called United States v. Carroll Towing Co. Judge Learned Hand created the famous standard and balancing test of negligence in this case, known as the “BPL Test,” in which a landowner must weigh the burden (B) to fix a known danger on the land, the probability (P) that injury will occur, and the actual injury that occurs (L). This algebraic formula measures liability: If B is less than L multiplied by P (ex: B < PL). In this balancing test, if a landowner’s burden is less than the cost of injury and the probability of an injury’s occurrence, then the landowner has not met the legal standard of care owed to invitees. For example, a pot hole in a parking lot, or a cracked tire is a much lesser burden to repair than the ultimate cost and probability of someone falling from the known danger.

According to recent reports by the Cook County Record, a suburban bar is being sued for allegedly breaching this legal duty of care and causing a slip and fall injury. The Cook County bar, Celtic Corner, is the subject of a lawsuit after a man suffered injuries after falling over a board in the bar. The victim tripped and fell down in the walkway of the bar in Elmwood Park. According to the claims, bar patrons were playing a game in which a board with a hole is propped up on the ground, and he alleges that the board was left sitting after a game, which caused his fall.

In such a personal injury lawsuit, the victim attempts to prove that wrongful conduct of the defendant was the cause of physical injury. The court will weigh whether this was a known hazard and whether the bar breached its legal duty by failing to attend to the board and get it out of the way of patrons while not in use for the game. Had the bar known the board was in the way or failed to inspect the area during or after the bar game for potential hazards, the bar could be held liable for negligence.

Our lawyers have represented injured victims in slip and fall accident cases since the firm opened in 1992. When injuries are caused by the careless and negligent acts of others, wrongdoers ought to be held legally responsible and accountable for injuries and losses suffered. Through a personal injury lawsuit, victims can potentially obtain compensation for medical bills, lost income, and suffering, and the negligent wrongdoer may be made to pay compensatory damages. If you or someone in your family has suffered personal injuries due to another’s negligence, you too may be able to hold that wrongdoer accountable in legal action. Call our law firm today for a free consultation, and we may be able to assist you with your claims.

March 10, 2014

Injured Tenant Sues Chicago Property Owners

by Levin & Perconti

Our attorneys have previously discussed premises liability lawsuits involving injuries suffered on commercial property, such as slip and falls at grocery stores or in parking lots. However, you may not know that premises liability law also extends to protecting individuals inside residential property, such as apartment buildings. Landlords and building owners have a legal duty of care to provide safe premises and fix known dangers to prevent injury and death to tenants and visitors to the property.

According to a recent article by the Cook County Record, two Chicago property owners have been named as defendants in an injury lawsuit. The plaintiff filed suit after being injured on a sidewalk on the defendant’s property. The victim filed suit in the Cook County Circuit Court with a claim of negligence and premises liability. In her complaint, the victim, a tenant of the Chicago property, was walking along the sidewalk of the building entrance when she tripped on uneven, detached, and cracked sidewalk. She is seeking damages over $30,000.

Our lawyers have successfully advocated for injured victims and the families of those wrongfully killed as a result of unsafe living conditions in Chicago apartments and have obtained fair and just verdicts and settlements for clients in these cases. In the case A.R. and A.R. and M.R. v. Marshway Limited Partnership, Marshway, L.L.C. and Cig Management L.L.C., our attorneys obtained a $6 million settlement for the families of 6 children who died in an apartment fire on Chicago’s north side. In this case, we proved that the landlords failed to have proper working smoke detectors, which was in violation of the Chicago Municipal Code. As a result of this negligence, the children were not able to escape the building in time. Furthermore, in L.S. v. Chicago Housing Authority, our lawyers obtained a $2.3 million settlement for a Chicago fire injury. In this case, two boys were severely burned in an apartment fire.

In a premises liability lawsuit, a plaintiff must prove that the defendant property owners failed to maintain the property, created unsafe conditions which caused injury, or knew about hazards but did not alert others to the danger or remedy the danger. If you have suffered a significant or life-altering injury due to a property owner’s negligence, we may be able to help you hold a property owner liable for the unsafe conditions that caused your suffering. Call us today for a free consultation, and we would be happy to discuss your potential case with you.

January 31, 2014

Suburban Retailers are Sued For Slip and Fall Accidents in Winter Weather

by Levin & Perconti

Our readers may have heard of the term “premises liability” in the news, but most outside of the legal field do not have a grasp of how this legal theory may apply to their everyday lives. Oftentimes during winter months, we talk to friends or family members who experience or witness falls or other physical accidents during their everyday errands and routines.

Laws are put in place to protect both patrons and business alike. According to Illinois law, someone who is going to a store for purchases (“doing business”) is owed the highest level of legal protections because they are viewed under tort law as an “invitee.” Consequently, business owners and store operators must maintain safe premises for those shopping at their commercial buildings. Where it is proved in court that an injury, such as a slip and fall, on the owner’s premises was due to negligence and therefore preventable, the owner of the building may be held liable and owe the victim compensation for injuries suffered. To obtain compensation and hold owners liable for injuries, plaintiffs must suffice a legal test by proving that the property owner failed to maintain the premises, or created or failed to remedy unsafe conditions (ex: such as failing to clean in a spill in a grocery store) that were known to the owner.

Recently, Chicago area retailers have faced lawsuits for slip and fall accidents on their properties due to extreme winter weather conditions. According to the Cook County Record, one victim sued TJ Maxx claiming she sustained injuries in a fall near the entrance of the chain’ Palatine location. She accused the store of negligence by causing an unnatural accumulation of snow and ice, failing to remove it, and failing to warn her of the accumulation. The lawsuit also names the store’s property management company and property owner.

In the past, our attorneys have successfully represented victims of slip and fall accidents, among other premises liability lawsuits, and have achieved a number of notable verdicts and settlements. In one such case, we recovered an $850,000 settlement for the family of an older man who died following injuries suffered in a fall at a Chicago area service station. If you or your loved one has suffered substantial injuries on commercial property, our firm would be happy to hear from you to discuss your case and potential legal options with you. Please call us for a free consultation, and we may be able to help you obtain the compensation and justice that you deserve.

December 12, 2013

Winter Time Leads to Increased Slip and Fall Injuries at Chicago Businesses

by Levin & Perconti

With winter getting into full swing in Chicago, fall injuries become more common. Winter conditions make slip and falls occur more regularly. According to the Huffington Post, slip and fall accidents are one of the top causes for injury on commercial property.

However, there are steps that area businesses should take to lessen your and other patrons’ risk of falling and getting injured. Just as changing weather increases risks, your shopping centers and grocery stores should increase the steps they take to lessen your risks. First, these stores should begin with outdoor maintenance. If a business hasn’t taken prompt action to remove ice from areas like outdoor steps, sidewalks, driveways, and parking lots, they put their patrons at risk of injury. This is especially true for parking lots and driveways that are blacktop, because ice is often invisible to most people who are not aware that it is there. In that way, a store owner who is regularly around would realize its presence, but not a customer who is just stopping by. Proper lighting is also helpful for store patrons to see any potential hazards. Also, stores should have salt on hand, as well as signs or safety cones to warn of slippery and dangerous conditions.

Interiors should also be attended to. Ice and snow can easily be tracked into the entrances from the outside. This can create a build-up of water on the floor, causing a slippery surface and hazard to those walking through. Store owners often know in advance which areas this happens to, so they should make sure to mark the area with caution signs, have the area well lit, and have a regular clean-up crew to tend to any water build-up. Extra floor mats can also encourage feet-wiping as well as absorbing extra water that comes inside.

Remember, that if a store or other commercial place of business is aware of dangers from winter weather and has done nothing to prevent or aid the situation, this is negligence. Stores should anticipate that people need to shop for food, supplies, and other necessities no matter the weather. People do not go to local business for everyday needs only during the safe, dry, and sunny seasons of the year. Managers of business have a liability for their premises to those who come to do business at their stores. Citizens of Chicago are knowledgeable about the extreme winter conditions our city can face. For that reason, they should have supplies and staff available to make sure their property is safe for you, and not just ignore the situation. If you have been the victim of a slip and fall on local commercial property due to unnatural accumulations or hazards, and the business owner or property manager did not exercise caution to prevent your fall, there are experienced personal injury attorneys to help you. You do not have to suffer as the result of others’ negligence and deserve to be safe even in the worst of winter conditions.

March 24, 2013

Kenwood Healthcare Center Found Responsible for Patient's Broken Hip

by Levin & Perconti

Our Chicago personal injury attorneys just helped the victim of nursing home neglect recover $842,801 in damages from the nursing home responsible for the neglect and for the victim's injuries. The nursing home is located on South Kenwood in Chicago and was known as Kenwood Healthcare Center at the time the victim was a resident, but now the facility at this address is known as Parkshore Estates.

The victim of the nursing home neglect slipped and fell back in December of 2008 while she was a resident at the nursing home. The nursing home was found liable for her injuries because when she was initially admitted to the nursing home she was able to move around on her own with a walker, then she fell and broke her hip because the nursing home failed to take the necessary safety precautions to insure that the resident did not suffer an avoidable fail. Our Chicago personal injury attorneys proved that nursing home did not take all necessary precautions to protect their residents from slips and falls.

Broken hips injuries at nursing homes are a very serious problem and can often be very severe for the resident injured. Elderly people typically have a more difficult time recovering from a broken hip, and the recovery process is very long and grueling, including surgery and a long recovery time. For residents that were previously mobile, being immobile for many months to recover from a broken hip can lead to an overall decline in the resident's well being as well as their overall demeanor. Often times recovery for broken hips can lead to further medical complications and issues in these elderly patients.

One big issue that our Chicago attorneys worry about is that so many of these broken hip falls that occur in nursing homes are completely avoidable if the nursing home takes all the necessary steps to insure that their residents can get around the facility safely. When a resident or a resident's family chooses a nursing home, they should be able to feel that the nursing home will take the best care possible of the resident.

In cases, such as this one, where it is clear that the nursing home neglected to take all the safety measures they should have, the resident is often able to recover more damages than just the amount needed to cover their medical bills. In the present case, the resident's medical bills totaled a little over $50,000 but the jury awarded the resident much more than this amount. Hopefully the nursing home will make sure that this type of avoidable slip and fall does not happen to other patients and will make sure to always give all of their residents the best care possible.

If your loved one was a resident at a nursing home and you feel that they suffered either neglect or abuse at the hands of the nursing home, please contact our Illinois personal injury attorneys today to discuss what legal remedies may be available to your loved one.

May 15, 2012

Child's Fall at Chicago's Midway Airport Gives Rise to Consideration of Premises Liability Law

by Levin & Perconti

Though, fortunately, the injuries suffered in this case aren’t likely severe enough to warrant a Chicago personal injury lawsuit, an incident this afternoon at Chicago’s Midway Airport affords an opportunity to consider the notion of, and considerations behind, Illinois premises liability law.

According to a report by NBC Chicago, an 8 year-old boy with Down Syndrome was injured when he fell more than 20 feet – the equivalent of 2 stories – at Midway Airport in Chicago. The child and his family were at the airport to catch a flight back home to Guadalajara; while the boy was playing with a plant near a glass railing, he fell from the ticketing area to the baggage claim below.

The boy was immediately transferred to Advocate Christ Medical Center in Oak Lawn in "serious" condition with "non-life threatening injuries," said Chicago Fire Department Spokesman Larry Langford. Fortuitously it turned out that the boy only suffered a cut lip, but the fact that the situation occurred is alarming unto itself.

This particular incident would remind any Chicago personal injury attorney of a tragic situation that occurred in 2009 when a 15 month-old boy died from a fall at an international airport after he fell from an upper departures area of the airport to a lower arrivals level. In any situation, it is the responsibility of the persons managing the airport’s premises to ensure that the area does not pose an unreasonable risk of injuries from a potentially-avoidable fall.

Illinois premises liability law is a significant branch of personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises." In this case, if a suit were to be filed, the defendants would be the persons or group responsible for managing the airport and its premises.

Additionally, the requirements state that the person or persons on the land of another must be injured by negligence or a different wrongful act. Illinois premises liability law may be triggered if it can be shown that the property owners or managers either failed to maintain the property, created unsafe conditions that caused the potential injury, or knew about the unsafe hazard but didn't alert visitors or tenants to this fact; in this particular situation, a potential lawsuit would claim that the defendants failed to warn visitors of foreseeable dangers, failed to have proper barriers to prevent falls, and maintained a premise with unreasonably unsafe conditions.

Moreover, in cases such as the one involving the 15 month-old boy, the potential for a claim could arise from the child’s wrongful death. Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person or business. In cases of wrongful death such as this one, family members and loved ones of the decedent can file a claim to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs.

Our Chicago personal injury lawyers have handled numerous premises liability cases and understand what it takes to succeed in even the most complicated cases of landowner liability. In fact, our attorneys won a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area, leading to our client’s fall down the stairs that resulted in a fractured hip and foot.

Though a lawsuit can never bring a loved one back to life, it is a step in the right direction, both for achieving justice, and making those at fault pay for their carelessness. If you or a loved one has been injured on another’s property as a result of the property owner’s negligence, contact an attorney to be apprised of your rights under the law.

April 3, 2012

Wrongful Death Lawsuit Filed After Woman Falls at Soldier's Funeral

by Levin & Perconti

The circumstances almost sound too tragic to be true. However, devastatingly, they are not.

A recently-widowed man has filed a wrongful death lawsuit against the government and a corporation responsible for managing a public school after his wife suffered a deadly fall while paying her respects at the funeral of a fallen soldier.

The victim’s sister reports that the woman had walked across the stage at the school in which the funeral was being held, in order to speak to the soldier’s mother. She fell into the pit area in front of the stage, and suffered serious internal injuries from which she ultimately died during hospitalization.

Illinois premises liability law is a significant branch of personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises." In this case, the defendants are the government - in that it owns the school - and the company responsible for managing the school and its premises.

Additionally, the requirements state that the person or persons on the land of another must be injured by negligence or a different wrongful act. Illinois premises liability law may be triggered if it can be shown that the property owners or managers either failed to maintain the property, created unsafe conditions that caused the injury, or knew about the unsafe hazard but didn't alert visitors or tenants to this fact; in this particular situation, the lawsuit claims that the defendants failed to provide adequate lighting at the funeral service, failed to warn visitors of foreseeable dangers, failed to rope off the stage to prevent falls, and failed to provide adequate personnel to supervise and direct visitors. Here, the claim asserts, the woman’s death was a proximate result of this negligence.

Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person or business. In cases of wrongful death such as this one, family members and loved ones of the decedent can file a claim to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs.

Our Chicago personal injury lawyers have handled numerous premises liability cases and understand what it takes to succeed in even the most complicated cases of landowner liability. In fact, our attorneys won a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area, leading to our client’s fall down the stairs that resulted in a fractured hip and foot.

If you or a loved one has been injured on another’s property as a result of the property owner’s negligence, contact an attorney to be apprised of your rights under the law.

March 22, 2012

Levin & Perconti Obtains $1.2 Million Settlement After Tragic Death Caused by Fall

by Levin & Perconti

Once again, our Chicago personal injury lawyers' efforts have paid off. Just this month, Chicago personal injury attorney, John J. Perconti, obtained a $1.2 million settlement against an adult social club and day center after an 87 year-old man fell and hit his head, suffering a serious brain injury that led to his death five days later.

The fall was captured on a surveillance video on the property, which revealed that employees of the defendant facility failed to properly supervise and assist the man despite the fact that they knew he required assistance, and that the property owners failed to maintain a safe and properly-designed curb ramp on the property, as well as failed to warn users of the dangers of the curb ramp.

At the time of the injury, the man was leaving the club to be transported home on one of the facility’s waiting busses. He had a care plan in place that required employees to help him with ambulation, but none of the employees were nearby to help the man as he walked to the bus.

Additionally, the curb ramps on the sidewalk in front of the bus were improperly designed; the curb ramp’s slopes were at a greater incline than the permitted ratios set forth by the building code standards, and the curb ramp was also not properly marked with any designation to warn users of its location, size, or shape.

As a general rule, when an accident or injury occurs to a visitor or tenant on another person's property, the owner of the property may be liable if it can be proved that their negligence led to the injury. Property owners may be legally responsible for injuries that occur on their properties if there are potential hazards on the land and the landlord fails to correct them, or if the landowner fails to warn people who come onto the land about the danger.

In cases involving Illinois premises liability law, plaintiffs must be able to show one of the following things:

• That the property owners either failed to maintain the property
;
• That the landowner created unsafe conditions which caused the injury;
• That the property owner knew about the unsafe hazard but didn't alert visitors or tenants to this fact;
• That the property owner was not careful concerning unsafe conditions which might attract children; or,
• That the landowner took actions, or neglected conditions on the property, that ultimately caused damage to a neighboring property.

Here, the building owners failed to have a sidewalk that was safe for people entering and exiting the building, and failed to warn visitors about the dangerous curb.

Because the man’s devastating injury tragically led to his passing, the building owners were held liable for causing his death as well. Under Illinois law, wrongful death is the legal concept that arises when a person’s death has been caused by the fault or negligence of another person or corporation. Because the death was caused by the fall, and the fall was caused by the negligence on the part of the owners of the club, they were held to be legally responsible for the man’s death.

In Illinois wrongful death cases such as this one, family members can file claims to potentially make the wrongdoer pay damages for things such as the loss of companionship, monetary damages to cover the earnings the deceased person would have provided, and expenses associated with the death such as funeral and burial costs, as well as having to experience grief and sorrow as a result of losing a loved one.

Though a lawsuit can never bring a loved one back to life, it is a step in the right direction, both for achieving justice, and making those at fault pay for their careless actions. Contact an attorney if you have lost a loved one due to another’s actions; you may be entitled to compensation for your suffering.

March 13, 2012

New Study Illustrates Danger of Falls on Stairs

by Levin & Perconti

Our Chicago personal injury lawyers work tirelessly to get compensation for our clients after they have been harmed in dangerous circumstances. Nevertheless, as any Chicago personal injury attorney will attest, the best situation is the one in which the injury never occurs in the first place.

According to new research published in a study by the medical journal Pediatrics, on average, every six minutes a child younger than 5 is treated for a stair-related injury in a U.S. emergency department. Additionally, a parent or caregiver carrying a child on the stairs accounts for almost one quarter of those injuries. Though the study didn’t give data related to how many children have died as a result of these injuries, it did, however, find that nearly 932,000 children younger than 5 were hurt in stair accidents in the U.S. in the decade from 1999 through 2008; when averaged, that’s more than 93,000 kids a year, or about 46.5 injuries for every 10,000 children under age 5.

Illinois premises liability law is a significant branch of Illinois personal injury law that allows victims to recover after they have been injured on another person’s property, and the negligence of the property owner was the cause of that harm. In order to apply to a set of circumstances, Illinois premises liability law requires a number of factors to be satisfied: the defendant must be the owner or possessor of the land, or “premises” – in this case, the defendants were the campground owners. Additionally, the person or persons on the land of another must be injured by negligence or a different wrongful act; in this particular situation, the campground owners had a duty to maintain the grounds and ensure that they were safe for campers.

As a general rule in Illinois premises liability cases, property owners and landowners are responsible for maintaining safe premises, and they can be liable for injuries that occur on their land as a result of either a failure to ensure safe conditions, or a failure to warn people who come onto the property of potential hazards on the land.

In considering situations such as dangerous stairs, Illinois premises liability law may be triggered if it can be shown that the property owners or managers either failed to maintain the property, created unsafe conditions that caused the injury, or knew about the unsafe hazard but didn't alert visitors or tenants to this fact. If a fall on the stairs happened because the stairs were not maintained or were otherwise unsafe, the owner of the property may be made to pay compensation to the injured individual.

Nevertheless, according to this recent study, 95 percent of the injruies occurred at home, so the best policy is to take precautions to prevent falls. Children jumping or riding toys downstairs accounted for 2.6 percent of injuries, and another 2.7 percent were still hurt while using baby walkers, reported the study. Being more careful when using these products is a good first step in avoiding falls. The study also gives a number of recommendations, such as installing sturdy, wall-mounted gates at the top and bottom of the flights of stairs, and increasing awareness about how common – and how dangerous – stair accidents can be

Fortunately the investigation also found that the number of injuries each year fell during that period, dropping by 11.6 percent by 2008. This was partially explained by the fact that voluntary safety standards enacted in the mid-1990s and wider awareness about the dangers of baby walkers helped fuel that decline, cutting those injuries to about 1,300 a year. Using even more safety measures can ensure that this number continues to decrease.

If a stair-fall, is, however, the result of dangerous conditions, seek medical attention, and contact an attorney to understand your rights. Our Chicago personal injury lawyers won a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area, leading to our client’s fall down the stairs that resulted in a fractured hip and foot.

November 24, 2011

Fall Near Construction Site May Still Trigger Liability Under Premises Liability Law

by Levin & Perconti

As a general rule in Illinois premises liability cases, property owners and landowners are responsible for maintaining safe premises, and they can be liable for injuries that occur on their land as a result of either a failure to ensure safe conditions, or a failure to warn people who come onto the property of potential hazards on the land.

This principle also applies to Illinois workplace accident cases, which hold construction companies and their managing corporations liable for injuries that result because of unsafe working conditions at a construction site. Whether the injured victims are workers or not, the corporations are responsible for keeping the site free from hazard, and can be made to pay for damages that occur as a result of injuries that occur on the land.

That is exactly what happened to a woman who filed a case against Liese Lumber Company and Dumpster Dave, earlier this month. According to the Madison St. Clair Record, the woman filed the lawsuit after falling on mud near a construction site. The complaint alleges that the defendants failed to prevent mud from accumulating on the street, failed to clean the mud from the street, failed to properly supervise work performed at a construction site that led to the accumulation of mud, and failed to maintain safe premises. Although the woman wasn’t a worker on the site, the company responsible for maintaining the site may still be liable for the damage caused.

As a result of the fall, the woman sustained severe broken bones, physical and emotional pain and suffering, and incurred hospital and medical expenses for the treatment of her injuries. If the court finds that the defendants were, in fact, responsible for the failure to keep the area safe, they may be required to pay damages to compensate the woman for her hospital bills and the trauma of her fall.

Tragically, workplace accidents are all too common. However, special laws are in place to protect the health and safety of workers and people who enter onto lands owned and managed by others.

Our Illinois personal injury lawyers have handled a number of work site accident cases, and have even won $5.7 million settlement for a 27-year-old roofer who was paralyzed when he fell from a roof as a result of the general contractor's failure to provide appropriate safety devices, and an $840,000 verdict for a man who sustained a workplace back injury resulting in multiple surgeries. They also were successful in obtaining a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area leading to a fall down the stairs resulting in a fractured hip and foot, causing the foot to become severely infected requiring a skin graft.

If you or a loved one has been injured on the job or otherwise injured on a work site, contact an attorney to be apprised of your rights. Special laws are in place to protect workers who have been exposed to unsafe working conditions.

November 8, 2011

Tenant Wins $1.1 Million Lawsuit against Landlord

by Levin & Perconti

Just last week, a jury awarded a $1.1 Million verdict to a man who filed a personal injury lawsuit against his landlord after he fell down the stairs at his apartment building.

The man allegedly fell down the back stairs at the apartment building in which he was living, and later suffered more serious damage from the fall. His injuries included lumbar strain and disk injury. The man was forced to quit his job because of the pain related to the fall, and suffered a serious loss of income and potential future earnings. He had held the job for ten years.

According to the San Jose Mercury News the tenant sued the owner of the building, asserting that the owner failed to keep the stairs clear of algae – which posed a risk of slip and fall – and failed to install a handrail, as was required by local building codes.

Following a 14-day trial, the jury awarded the man $1,070,801 for economic losses, including $850,000 for future lost earnings.

As a general rule, when an accident or injury occurs to a visitor or tenant on another person's property, the owner of the property may be liable if it can be proved that their negligence led to the injury. Property owners may be legally responsible for injuries that occur on their properties if there are potential hazards on the land and the landlord fails to correct them, or if the landowner fails to warn people who come onto the land about the danger.

In cases involving premises liability, plaintiffs must be able to show one of the following things:
• That the property owners either failed to maintain the property
• That the landowner created unsafe conditions which caused the injury
• That the property owner knew about the unsafe hazard but didn't alert visitors or tenants to this fact
• That the property owner wwas not careful concerning unsafe conditions which might attract children
• Or that the landowner took actions, or neglected conditions on the property, that ultimately caused damage to a neighboring property.

Our Chicago personal injury lawyers have handled numerous premises liability cases and understand what it takes to succeed in even the most complicated cases of landowner liability. In fact, our attorneys obtained a $2.3 million Illinois personal injury settlement for a family whose two young children suffered severe burns and whose third child, a three-month-old infant, was killed in a fire that broke out in a Chicago Housing Authority building. The CHA had allowed rear entrances to be blocked, allowed batteries to be removed from smoke detectors, and failed to sufficiently inspect and maintain an electrical outlet.

Additionally, and perhaps more similarly to the initially mentioned case, our Illinois personal injury lawyers won a $510,000 settlement against a restaurant which caused patrons to wait in area too close to steps leading to downstairs banquet area, leading to our client’s fall down the stairs that resulted in a fractured hip and foot.

If you or a loved one has been injured on another’s property as a result of the property owner’s negligence, contact an attorney to be apprised of your rights under the law.

April 3, 2010

Illinois slip-and-fall lawsuit filed against nursing home

by Levin & Perconti

The St. Clair Record is reporting that an Illinois plaintiff has filed an Illinois personal injury lawsuit against a St. Clair County nursing home. The premises liability lawsuit alleges that the female victim sustained injuries to multiple body parts – her shoulder, neck, back, and coccyx- after falling at the St. Clair County nursing home. The slip-and-fall occurred in April 2008, when the Illinois plaintiff encountered a wet, slippery floor that had been recently mopped, which caused her to fall. In addition to the woman’s injuries, the personal injury plaintiff incurred medical costs and lost money because of her fall at the Illinois nursing home.

The plaintiff of the personal injury lawsuit alleges that the nursing home was negligent for failing to warn its customers and visitors of a recently mopped floor and for allowing a wet floor to exist in an area where it could expect its customers would traffic and for failing to barricade a passageway where the wet floor existed. The personal injury lawsuit seeks a judgment of greater than $50,000 plus costs.

Illinois slip-and-fall accidents are unfortunately not infrequent and people can sustain serious injuries in them. When an accident or injury occurs to a person visiting another person’s property, the owner of the property owes a duty of care to the visitor and may be legally responsible if an individual or his/her personal injury attorney can prove that the owner’s negligence or recklessness led to the injury. The injured party may be able to recover the costs to pay for medical bills, lost earnings, and other pain, disfigurement, emotional distress, or permanent physical disability they have suffered.

For more about the Illinois slip-and-fall lawsuit.

November 19, 2009

Chicago family reaches $850,000 settlement in premises liability lawsuit

by Levin & Perconti

Jiffy Lube has agreed to settle a personal injury lawsuit with the family of an 88 year-old Illinois injury victim who was hurt due to a fall at a Chicago Jiffy Lube. The personal injuries resulted in the victim’s untimely death four weeks after the fall. Susan Novosad of Levin & Perconti represented the victim’s family in the wrongful death lawsuit.

Continue reading "Chicago family reaches $850,000 settlement in premises liability lawsuit" »

November 6, 2009

Chicago man injured after train station slip and fall

by Levin & Perconti

A Chicago personal injury lawsuit has been filed against the leasing agent of the Ogilvie train station. The injured man filed the lawsuit after a slip-and-fall accident resulting from a leak in the roof.

To read more about the Chicago slip-and-fall.

November 6, 2009

Chicago man injured after train station slip and fall

by Levin & Perconti

A Chicago personal injury lawsuit has been filed against the leasing agent of the Ogilvie train station. The injured man filed the lawsuit after a slip-and-fall accident resulting from a leak in the roof.

To read more about the Chicago slip-and-fall.

September 24, 2009

Greyhound sued over woman’s personal injuries

by Levin & Perconti

A personal injury lawsuit has been filed against Greyhound after an 86 year-old woman tripped over apiece of concrete and fell. She received personal injuries to her right elbow and fractured her right hip. She spent five weeks in physical therapy.

To read more about the personal injury lawsuit.