Articles Posted in Personal Injury

Sport-related head injuries amongst school athletes is an issue that has gained increasing attention in the media in recent years, and justifiably so. Over the past decade, ER visits for concussions have doubled for youths between 8 and 13, and nearly tripled for teens between 14 and 19. This alarming data has led to much discussion over how the problem can be remedied and the trend reversed. More specifically, what can be done to ensure the safety of school athletes without threatening our nation’s youth sport programs?

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The Chicago Products Liability attorneys of Zneimer & Zneimer P.C. take note of a lawsuit filed in Cook County extending from the use a medical device alleged to have caused the wrongful death of a patient. As reported by the Tribune, the lawsuit claims that 82-year-old Renate Winkler died after a contaminated duodenoscope used in a procedure performed at Park Ridge’s Advocate Lutheran General Hospital caused her to contract an antibiotic-resistant bacteria called carbapenem-resistant enterobacteriaceae (CRE). The lawsuit alleges negligence on behalf of both the device manufacturer (Pentax) as well as the hospital (Advocate). This incident was not isolated, though. In fact, the spread of deadly superbugs linked to duodenoscope contamination has been the subject of several claims, not only against this particular hospital and/or this particular manufacturer, but in hospitals nationwide and against other duodenoscope manufacturers. What’s more, the FDA is now examining the role of duodenoscope infections, including potential reporting, tracking, and regulatory enforcement issues.

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In Illinois, the law has long recognized limitations in premise liability claims that fall under what has come to be known as the ‘open and obvious doctrine.’ The basic idea behind this doctrine is that landowners should not be required to foresee or protect against injury when the openness and obviousness of a dangerous condition is so clear that an entrant should be to prevent their own harm through the exercise of ordinary care.

Essentially the rule allows landowners to defend claims by asserting that the duty of reasonable care does not extend to open and obvious hazards. As a result, property owners have often escaped liability, while premise liability claimants have been presented with obstacles to obtaining financial compensation. A bill introduced this year, though, seeks to amend Illinois’ Premises Liability Act by altering the manners in which duty of care issues are evaluated in open and obvious hazard cases. By increasing landowners’ exposure to liability, and decreasing preclusions and limitations on recovery for victims, we find that HB 1441 provides a more equal balance between the rights of each parties.

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Since their introduction in the 1980s, airbags have been identified as proven, effective safety devices that drastically reduce the risk of fatality and serious injury to vehicle occupants involved in automobile collisions. The protection offered by airbags is a factor that many car buyers take into consideration when purchasing a vehicle. What many fail to consider, though, is the potential for airbag safety issues associated with the purchase of a used vehicle. After all, airbags are only useful if they are correctly installed, properly functioning, and deploy in the manner in which they are intended to. The Chicago Injury Attorneys of Zneimer & Zneimer P.C. discuss some important tips for consumers to keep in mind when purchasing a used vehicle equipped with airbags.

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As seasoned practitioners, the Chicago attorneys of Zneimer & Zneimer P.C. have provided representation to Illinois residents in a diverse range of personal injury cases. During our decades of practice, we have continued to relay to our clientele that open and honest communication is a two-way street. On one side there is our promise to you, the client, which extends not only from our obligations as professionals, but from our personal desire to help persons harmed by others. On the other side there is your agreement to us, your legal advocates, to be as candid as possible in relaying any information to us that may be relevant to your claim, so that we represent you in the most effective manner possible.

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As technology has advances, so have the resources available to individuals—the result of which has reduced reliance on others, and allowed for the increased capability for self-help. While there are many situations in which one can effectively resolve matters on their own, having a ‘do-it-yourself’ mindset is rarely a practical approach to take when it comes to personal injury. Before attempting to take matters into your own hands following an accident or injury, the Chicago attorneys of Zneimer & Zneimer P.C. urge you to consider the following…

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The Chicago Accident & Injury Attorneys of Zneimer & Zneimer, P.C. take note of South Side Collision that left three injured. The accident occurred on March 4, 2014 at approximately 10:40 p.m. in the Woodlawn neighborhood near Marquette Drive.

According to officials, a truck and an ambulance collided on Lake Shore Drive. Amongst the injured were a firefighter and a paramedic, who were transported to University of Chicago Medical Center for their injuries. A third victim also sustained injuries and was taken to Jackson Park Hospital.

Details regarding the cause of the accident were not immediately available, as the investigation continues.

MP900448580.JPGA mother whose child suffered personal injuries as a result of school bulling could not maintain a lawsuit against the School District, its superintendent, or the school principal according to the Fourth District of the Appellate Court of Illinois.

Beginning in August 2011, Vilma Hascall complained to the principal of her child’s elementary school about a “bulling situation” involving her child and three classmates. Although the principal promised to “address” the situation, it appears that the principal did not do much because the bullying continued. The mother requested a meeting with the school district superintendent, the principal, the child’s classroom teacher, the police, and the parents of the children that had bullied her child. She only met with the superintendent and the principal who assured her that they will contact the parents.

The bullying continued, however, and the child was cornered into a school bathroom and threatened and harassed. Ms. Hascall complained to the police and the principal called her promising to “take appropriate disciplinary actions.”

Hugging%20Dog.jpgIn Wells v. Cooper, 2013 IL App (5th) 120074-U, 2013 WL 1197789 (Ill.App. 5 Dist.) Trina Wells sued her brother and sister-in-law for dog bite injuries from their dog, Tank.

In November 2008, Trina Wells visited her brother and sister-in-law. Her relatives owned a lab-husky mix named Tank. After Trina Wells arrived at her relatives’ home, she played with Tank. At one point the dog ran out of the front door, but her sister-in-law went outside and brought the dog back. The dog wanted to play in the yard. Tank escaped again. As Trina Wells and her sister-in-law were talking, they saw Tank roll out underneath a truck and appeared to have been hit. They noticed that Tank was moving slower than he normally did but they could not see any broken bones or blood. As they approached Tank, he was trying to go to the street again, and Trina Wells put her arms around Tank to stop him from running away. He collapsed on her hands and as she was trying to get her hands, Tank bit her into her left thumb, and then died.

The plaintiff filed a complaint against the her brother and sister-in-law, Matthew Cooper and Amy Cooper, for injuries she suffered when the dog bit her. A jury awarded her $140,000, and her brother and sister-in-law appealed.

The Injury Attorneys of Zneimer & Zneimer, P.C. take note of the dangers associated with traveling as a pedestrian on busy Chicago roadways, as was demonstrated once again in a horrific auto crash occurring on May 11, 2013, which killed an elderly woman and injured another. The 85 year old victim was crossing the street near the intersection of York and Van Buren in the City of Elmhurt with her grandson a few steps behind her, when both pedestrians were struck by an oncoming vehicle.

Bystander Mark Vorel explained the vehicle’s impact with the elderly victim: “Her body went up and her head hit the windshield and the car threw her, Immediately, I grabbed my phone and called 911.” Both victims were transported to the hospital, where tragically the elderly victim died a short time thereafter. The victim’s grandson is reported to have escaped with only minor injuries. DuPage County Accident Reconstruction Task Force (DuCART) remained at the accident scene for several hours while performing their investigation, and…

The Injury Attorneys of Zneimer & Zneimer, P.C. take note of the dangers associated with traveling as a pedestrian on busy Chicago roadways, as was demonstrated once again in a horrific auto crash occurring on May 11, 2013, which killed an elderly woman and injured another. The 85 year old victim was crossing the street near the intersection of York and Van Buren in the City of Elmhurt with her grandson a few steps behind her, when both pedestrians were struck by an oncoming vehicle.