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Illinois Dram Shop Law And 2009 Liability Limits

Kristina Labanauskas — Tue, 03 Mar 2009 19:55:00 GMT

When someone is injured by a drunk driver, the injured person has the right to pursue a claim for negligence against the driver. In addition to the negligence claim, the injured person may also have a Dram Shop cause of action.

TheIllinois Liquor Control Act, also known as the Dram Shop Act, gives any person injured by an intoxicated person the right to sue the intoxicated person, the vendor or person who sold the liquor to the intoxicated person, and the owner of the premises at which the intoxicated person became intoxicated, if it is in the business of selling liquor for a profit. Essentially, if the business is responsible for causing that person to become intoxicated illegally, the business owner may be liable. This area of the law is known as Dram Shop Law.

Several key points to know about Dram Shop cases include time limitations and defenses. It is essential to note that these types of cases must be brought within one year of the date of the occurrence. Also, a business may defend itself by asserting what’s called complicity. Complicity is a judicially created doctrine by which a licensee may not be liable for the injuries sustained by a third party from one of the licensee’s patrons if the third party contributed to the intoxication of such patron.

Another key point is that there are statutory limits on the amount an injured person can recover. Each year the Comptroller determines the liability limits for cases brought under the Dram Shop Act. Section 6-21(a) of the Liquor Control Act of 1934 (235 ILCS 5/6-21(a)) requires the Comptroller to determine these limits each year in accordance with the consumer price index-u during the preceding 12-month calendar year.

From 2003 to present, the dram shop liability limits have steadily increased. Currently, the dram shop liability limit for causes of actions involving persons injured, killed or incurring property damage is $58,652.33 per person incurring such damages. Likewise, for those claiming loss of means of support or loss of society resulting from the death or injury of a person, the judgment or recovery limits is $71,686.18. These limits were $50,467.11 and $61,682.02, respectively, in 2003.

If you have been injured by a drunk driver or by someone who you know to have been intoxicated at the time of your injury, you should contact a legal professional to discuss whether you should pursue legal action.

Originally posted at InjuryBoard by Kristina Labanauskas

Mentally Ill Patients Pose Danger to Elderly Nursing Home Residents

Kristina Labanauskas — Tue, 24 Mar 2009 17:40:05 GMT

There has been a significant increase in the number of mentally ill patients residing in nursing homes. And, mixing frail elderly with younger and stronger mentally ill patients in nursing homes has resulted in violence throughout the country.

Nearly 125,000 young and middle-aged adults with serious mental illness lived in U.S. nursing homes last year. That was a 41 percent increase from 2002, when nursing homes housed nearly 89,000 mentally ill people ages 22 to 64. Younger mentally ill people now make up more than 9 percent of the nation's nearly 1.4 million nursing home residents, up from 6 percent in 2002.

This increase is in large part a result of the closing of state mental institutions, the shortage of hospital psychiatric beds, and the surplus in nursing home beds, as today’s elderly are more likely to stay in their homes as they are healthier than previous generations.

States are responsible for screening mentally ill patients, as federal law prohibits nursing homes from admitting a mentally ill individual unless the state has found that person needs the nursing home’s high level of care.

Although federal law guarantees residents the right to be free from physical abuse, a number of tragic cases have occurred in nursing homes.

If you or someone you know has been the victim of abuse, contact a professional to discuss whether legal action should be pursued.

Originally posted at InjuryBoard by Kristina Labanauskas

Nursing Homes & Felons: A Dangerous Mix

Kristina Labanauskas — Mon, 09 Nov 2009 16:33:00 GMT

Mentally ill criminals and others on society's fringes housed in nursing homes pose a threat to other residents, especially if they are not carefully assessed, treated and monitored.

In January, 21-year-old Christopher Shelton allegedly raped a 69-year-old woman in her own room. Both were residents at Maplewood Care in Elgin, one of 13 nursing facilities in which Bryan Barrish and Michael Giannini, longtime nursing home executives, have either an ownership stake or consulting role.

Those facilities hold just over 2 percent of the state's nursing home population, the most recent state records show, but they include nearly 10 percent of Illinois' mentally ill nursing home patients and, as of June, almost 6 percent of the 3,000 felons living in the state's nursing facilities.

Shelton was diagnosed with bipolar disorder and had been shuttled between jail cells, psychiatric wards and shelters until nursing facilities became home. After being paroled from prison for a 2004 aggravated battery conviction, Shelton continued down a destructive path. He was arrested at least half-dozen times more, and in 2008 he was arrested three more times on alleged offenses including punching a man in the face at a West Chicago nursing home in which he was living. In November of last year, he requested to be readmitted to Maplewood Care in Elgin, where he had lived earlier in 2008 until he was removed and jailed on prior battery charges.

According to a state health department investigation, Maplewood did not adequately check Shelton's criminal background. However, Barrish and Giannini said the facilities assign professionals to thoroughly assess the risks that younger mentally ill criminals may pose to other residents and don't admit anyone considered a danger to others.

In late June, Maplewood Care held 15 felons among its roughly 200 residents.

About half the population was younger than 65, and more than 40 percent had a primary diagnosis of mental illness, according to the most recent figures on the state public health department's Web site.

Shelton now awaits trial on charges of aggravated criminal sexual assault. The woman no longer lives at Maplewood.

Originally posted at InjuryBoard by Kristina Labanauskas

Glen Ellyn youth hockey tournament evacuated due to carbon monoxide poisoning

Barry Doyle — Thu, 12 Nov 2009 22:46:25 GMT

Carbon monoxide is a deadly gas that can cause serious short and long-term health problems. Unfortunately, the danger is even more serious since the gas has no smell, taste, or color to identify it by, so people can be exposed to it for long periods of time without realizing that anything is wrong.

A recent accident at an Illinois ice-rink only further illustrates the dangers of carbon monoxide poisoning, and the need for increased safety measures concerning the gas. According to the Chicago Tribune:

Thirteen people were taken to area hospitals after they were overwhelmed by carbon monoxide fumes at [an ice rink] near Glen Ellyn, according to the Glen Ellyn Volunteer Fire Company.

Another 29 were treated at the scene and released. None of the injuries was considered serious.

Fire crews responded to the ice rink about 5:30 p.m. after a number of people complained of headaches, dizziness and vomiting, fire spokesman Craig Eldridge said.

Several hundred people were inside the rink for a teen ice hockey tournament, he said.

As of now, the cause of the carbon monoxide leak is still unknown.

While early reports do insist that all those affected by the gas are only suffering short-term affects, it is important to be aware of the long-term health effects of carbon monoxide poisoning.

Carbon monoxide works by changing the level of oxygen in the bloodstream, which results in cellular death and organ damage. The most serious affect of carbon monoxide poisoning is death, which can occur gradually or within minutes, depending on the concentration of the fumes being inhaled. The symptoms of carbon monoxide poisoning include:

Red colouration of skin due to lack of oxygen

Shortness of breath

Nausea and vomiting

Headaches

Dizziness

Fatigue

Light-headedness

Weakness

Muscle fatigue and general fatigue

Chest pain

Loss of consciousness

Short of death, carbon monoxide poisoning can also cause long-term damage to the brain, which thus cause memory, coordination, and vision impairment; headaches; and behavioral and personality changes. Carbon monoxide can also have an adverse affect on other parts of the body, such as the heart and bladder. While many of these symptoms may wear off after long periods of time, damage to the brain and some other organs is often permanent.

The silver lining in this ice-rink incident is that there were many people that all experienced the same symptoms at the same time, which alerted authorities to the problem relatively quickly. Since carbon monoxide is a "silent killer", many people often are killed by it simply because they were exposed to for long periods of time it in their home without realizing it. They write off the symptoms of headaches or nausea as being incidental, never knowing that these are warning signs of a much graver issue.

If you begin to experience any of the symptoms of carbon monoxide poisoning, or if multiple members of your household start experiencing these symptoms, you should immediately get your house checked for a gas leak. It is difficult to do on your own, but a professional will be able to help you. It is also important for you to educate your friends and family about the dangers of carbon monoxide poisoning, so they can help themselves, and then pass the knowledge on. Knowledge is power, especially against a "silent killer" like carbon monoxide.

Originally posted at InjuryBoard by Barry Doyle

Teen suffers infection from dog bite

Barry Doyle — Sun, 26 Aug 2007 20:51:38 GMT

A 13 year old New Jersey boy was bitten by a pit bull recently while he was out going to restaurant. The pit bull was being walked by a walker when he lunged after the boy, biting him in the calf.

The boy was badly wounded as a result of the attack, with wounds requiring 146 stitches to close. More significantly, he suffered a cellulitis infection which required hospitalization.

The most obvious consequence of a dog bite attack is the wound itself. Dog bites frequently leave scars which require stitches to close and leave irregular, irreparable scars.

However, one of the significant risks of a dog bite injury is an infection. Cellulitis is the generic term for a skin infection. Dogs have many germs in their mouths, and when dogs break the skin, this creates the potential for infection.

When a cellultis infection develops, it requires significant antibiotic treatment, and if untreated, can result in significant tissue loss.

Originally posted at InjuryBoard by Barry Doyle

Village of Crestwood Supplies Contaminated Water to Residents

Kristina Labanauskas — Wed, 20 May 2009 16:57:00 GMT

A Chicago Tribune investigation revealed that for more than 20 years, residents of Crestwood, Illinois, have been unknowingly drinking contaminated tap water. The water was contaminated with toxic chemicals linked to cancer and other health problems.

At least 22 years ago, state environmental officials advised Crestwood village officials that dangerous chemicals related to a dry-cleaning solvent had contaminated water in a certain well. Despite this advisement, the Crestwood officials continued to use the well, seemingly to cut costs.

In 1986, Crestwood officials told state regulators that the well would only be used in emergency situations and that all its water would be taken from Lake Michigan. Alarmingly, however, records reveal that Crestwood routinely continued to draw water from the contaminated well. In fact, in certain months, up to 20% of Crestwood’s water supply was taken from this well.

In 2007, the Environmental Protection Agency (EPA) tested this water for the first time in 20 years. The EPA found that the well was still contaminated and that Crestwood had continued to supply residents with the untreated, contaminated water. As a result, the EPA issued two citations to Crestwood for violation of environmental laws, and the well was finally turned off for good. Despite this, the EPA has not yet notified people who drank from the well all those years, and the investigation is still under way.

It is unknown if the contaminated water in fact contributed to any health problems. State officials maintain the risks were minimal because the well water was heavily diluted with treated lake water, though dilution is generally not acceptable to ensure safe drinking water. One of the chemicals found in the well was vinyl chloride, and there was more than twice the legal limit for drinking water found in the well. According to the EPA, there is no safe level of exposure to vinyl chloride.

Crestwood finally shut off the well after the EPA gave them the choice of doing so or paying for expensive treatment to limit chemical exposure.

If you think you may have been exposed to contaminated water in Crestwood, contact a legal professional to discuss whether you should pursue a cause of action.

Originally posted at InjuryBoard by Kristina Labanauskas

Chicago-bound Amtrak Train Derails Outside Joliet

Kristina Labanauskas — Tue, 09 Sep 2008 12:51:33 GMT

An Amtrak train derailed on Monday evening after a set of wheels jumped the track.

There were 112 passengers aboard Lincoln Service Train 304. The train remained upright, and no one was injured, according to Amtrak.

The train was headed from St. Louis to Chicago. The derailment happened just south of Joliet. There were only 3 stops left: Joliet, Summit and Chicago’s Union Station. Passengers stayed on the train and waited for buses to transport them to their destination stops.

Originally posted at InjuryBoard by Kristina Labanauskas

Cell Phones & Cancer: A Controversial New Warning

Kristina Labanauskas — Fri, 25 Jul 2008 17:47:34 GMT

Talking less on your cell phone might save more than just minutes. For the first time, an academic cancer research institute has made a warning linking cancer and cell phone use.

Dr. Ronald B. Herberman, director of the University of Pittsburgh Cancer Institute, issued a warning to faculty and staff Wednesday to limit cell phone use due to the possible risk of cancer.

He advised that children should use cell phones only for emergencies because their brains are still developing and that adults should keep the phone away from their head. The better alternative is to use a speakerphone or wireless headset. He also warned against using cell phones in public places because it exposes others to the cell phone’s electromagnetic fields.

According to the National Cancer institute, there is no definitive link between electromagnetic radiation and tumors of the brain and central nervous system. Still, there are studies being done and results that have not been completed or published. This is Dr. Herberman’s concern, and his warning is based on unpublished data. He feels, however, that people should not wait for definitive data to be published, which takes time.

Dr. Herberman’s warning goes against many studies that deny a link between cancer and cell phone usage. The U.S. Food and Drug Administration (FDA) is not overly concerned, either, noting that if there is a risk it is probably very small.

Currently, the published evidence is inconclusive in terms of finding a direct link between cancer and phone use. But, making some of these minor adjustments to our lives might not be that difficult and might have benefits in the long run. Is it that difficult switch to the speakerphone or a head set as we await more conclusive studies? Or, is it really that much of a problem to keep kids off the cell phones, unless in the case of emergencies? Mull it over, as, at least for now, the majority is of the opinion that there is no need for alarm.

Originally posted at InjuryBoard by Kristina Labanauskas

Dram Shop Act limits adjusted

Barry Doyle — Wed, 31 Jan 2007 16:00:00 GMT

Under an Illinois law known as the Dram Shop Act, persons injured by intoxicated persons can recover damages from establishments licensed to sell liquor by the State of Illinois which sold or gave liquor to the intoxicated person. However, the amount recoverable in damages is capped. That amount is adjusted annually in accordance with a consumer price index.

State Comptroller Dan Hynes, whose office does the calculations regarding the Dram Shop Act cap, recently released the revised figures for 2007. For all accidents occurring on or after Janaury 20, 2007, the maximum amount of damages recoverable by an injured person under the Dram Shop Act is $56,302.45. The maximum damages recoverable for loss of support or loss of society is $68,814.11.

The Illinois Dram Shop Act provides an important avenue of recovery for persons injured by drunk drivers. Under the Dram Shop Act, proof of negligence on the part of the dram shop (the stablishmnet selling the alcohol) is not required. All that is required is proof that the establishment sold intoxicating beverages to the intoxicated person.

Originally posted at InjuryBoard by Barry Doyle

Cta Section 41 Notice Repealed

Kristina Labanauskas — Mon, 08 Jun 2009 16:22:23 GMT

Claimants and attorneys can breathe a sigh of relief.

On Monday, June 1, 2009, Governor Pat Quinn signed Senate Bill 84 (CTA Section 41 Notice Repeal) into law, which repealed in its entirety the Section 41 notice requirement.

CTA Section 41 required an injured party to provide notice of any injury and/or accident to the CTA within 6 months of the date of accident. This notice cost many potential litigants their cases, as it required specific detail with no room for error. Judges were compelled to throw out legitimate causes of action based often on innocent mistakes on the pre-suit notice.

The repeal solely applies to causes of action accrued on or after the June 1, 2009. Further, the one year statute of limitations still applies for filing a lawsuit against the CTA.

Click here for a complete copy of P.A. 96-0012.

Originally posted at InjuryBoard by Kristina Labanauskas