Cook County Personal Injury Lawyer

Little accountability for nursing home administrators

Barry Doyle — Sun, 07 Feb 2010 16:45:30 GMT

Nursing homes are supposed to be havens of safety and comfort for the elderly, providing them with care and assistance that, often times, their families are unable to provide. We trust nursing home administrators and staff to treat our elderly loved ones with tenderness and patience, and yet, there is often a dark, ugly side to nursing homes that many people do not see.

Recent evidence suggests that "Illinois nursing home administrators are rarely disciplined when things go wrong — including violent assaults on elderly patients — even though the state Department of Public Health, which investigates nursing home care, refers dozens of cases a year to the agency in charge of meting out punishment".

The lack of discipline involved in the nursing home administration system means that there is little incentive for nursing home owners not to cut corners, since "in practice, most (nursing homes) are disciplined for minor infractions", if they are disciplined at all.

Furthermore, many employees who work in nursing homes do not have a health care background, which means that they often cannot offer a level of service that we would expect from the people who are caring for our elderly relatives and friends.

We cannot allow nursing home owners to get off the hook. We are entrusting loved ones into their care, and we need to make sure that our loved ones will be safe and protected.

Originally posted at InjuryBoard by Barry Doyle

Ice on Semi-trailers a Hazard to Public

Barry Doyle — Wed, 13 Jan 2010 08:19:19 GMT

Imagine you are traveling down the interstate, perhaps making your daily drive to work or taking a longer journey to visit family. Ahead of you is a semi-truck. As the truck approaches the underpass just ahead of you, you wonder if it meets the clearance requirements painted on the concrete. You slow down, but not enough. The truck slides under the underpass, throwing from its top debris and patches of frozen ice. The chunks of ice fall from the back of the semi-truck, cascading toward you and creating an instant road hazard as they strike the road in front of you. You swerve. Maybe you have an accident. If you do, you may be tempted to say that it was a freak accident. A recent American Transportation Research Institute (ATRI) study concludes that there is virtually no empirical data available on related injury, property damage, or the number of citations given by law enforcement because of falling ice. But this danger is more common than you might think.

Ice sheets form on the top of semi-trucks when the trucks are pulled out of warehouses and melted snow meets cold outdoor temperatures, creating ice. Sometimes, ice can form during driving if there is precipitation. But the problem is not limited to just the winter time – debris such as concrete has also been reported to have been thrust off a truck’s top when it clears an underpass.

The Chicago Daily Herald has reported on the problem and located three cases just like the one described above. The Herald provides details of Tim Giometti’s accident, which happened when a truck clipped a 14-foot tall bridge and dislodged ice that had accumulated on the top of the truck. The ice smashed into Giometti’s hood and windshield, causing nearly $11,000 worth of damage to his Honda CR-V. Pete Morano, another Chicago-area resident suffered broken bones in his eye and nose after a similar accident. His injuries are startlingly serious, bringing the seriousness of the problem to the forefront. "The sheet of ice hit directly on the windshield, broke the windshield and sprayed the glass into my face," said Morano. He is waiting to see if the vision in his eye will return, or be utterly lost. Morano required extensive surgery after the accident, and said he lost so much blood that he was afraid he might bleed to death. The driver of the truck whose debris and ice fell on Morano’s car didn’t even stop to help.

No laws in Illinois require motorists to clean snow or ice off their trucks or cars – not even for commercial truckers. And more than half of all truckers don’t clear ice and snow from the tops of their trailers. Some have suggested that trucking companies enact new rules that require drivers to clean the tops of their trucks before hitting the roads. But during the winter months, this could require truckers to climb onto the top of their trucks, which are often covered with snow and ice. A less dangerous option might be to install “scraping mechanisms” that trucks can drive under at truck stops and gas stations, having the same effect of pushing the ice and debris off of the truck as it passes by – but without creating injured victims like Giometti and Morano. However, this may not solve the problem of ice and snow that accumulates in between stops. The trucking industry agrees that accumulated snow and ice are a problem, but the lack of available and affordable removal devices leads many to shrug and call the problem “impossible.” But that may not be the case. Last year, then- New Jersey Gov. Jon Corzine signed a law that sets fines for vehicles with dangerous accumulations of snow. The law is believed to be the first of its kind in the nation.

Originally posted at InjuryBoard by Barry Doyle

Liability for Slip and Fall on Ice Suits in Illinois

Barry Doyle — Mon, 04 Jan 2010 21:31:59 GMT

Winter in Illinois can be long and hard, and the frequent presence of snow can also make it more dangerous than it needs to be. The presence of snow and ice often leads people to slip and fall, sometimes sustaining serious injury which may or may not require surgery. Something as simple as a slippery floor, a loose sidewalk heating grate or a poorly repaired step can mean temporary or permanent disability, a traumatic head injury, or even damage to the spinal cord. However, not all injured people are able to recover for their injuries. The liability for slip and falls due to ice in Illinois may not be what you think it is.

To determine liability for slips and falls on snow and ice, Illinois follows the unnatural accumulation of snow and ice rule. In order for there to be liability for a fall on snow or ice, the snow or ice that made you fall must be an unnatural accumulation of snow or ice. This means that if you fall on snow or ice in front of a storefront that has failed to remove the snow or ice, you may not be able to recover. Failure to remove the natural accumulation of snow or ice is not a basis for a negligence claim. If it is a natural accumulation of snow or ice, there is no liability. The dividing line between what is considered a natural accumulation of snow and ice and what is considered an unnatural accumulation of snow ice is many times a blurry one, even for experienced Illinois personal injury lawyers who have handled many cases involving slips and falls on snow and ice.

Ice or snow is “naturally accumulated” when it is the result of natural weather conditions. Return to that storefront – if the snow you slip on there has built up overnight because of a storm, it is naturally accumulated. When you slip, the store owner will not be liable for your injuries. But, if an employee of the store or the owner pushes snow onto your path to clear a way to the store’s front door, rather than clearing the snow in a more appropriate way, then the accumulation would be man-made, and liability may exist. It is important to note that the law still considers ice which has been formed by snow being tamped down by pedestrian or vehicular traffic to be a natural accumulation of snow and ice. It also considers puddles of water inside of buildings resulting from pedestrians tracking in snow that melted to be a natural accumulation of snow.

Of course, there are some exceptions to the natural accumulation of snow and ice rule. One important exception is if there is a provision in a lease for property where the management company or landlord agrees to remove snow and ice. In every slip-and-fall case, the facts surrounding that case determine whether an injured person can recover for a slip and fall. For instance, if our storefront is covered with ice because of a defect in the property – such as a downspout that dumps water onto the sidewalk where it freezes – that is not a natural accumulation of snow or ice. The store owner may be liable.

While our storefront examples seem fairly simple, slip and fall cases are not. It is for that reason that if you are injured, you may wish to speak to an attorney to determine if you have a case and if you can recover your damages.

Originally posted at InjuryBoard by Barry Doyle

8 vehicle truck accident in Monee leaves one dead

Barry Doyle — Fri, 27 Nov 2009 16:54:18 GMT

A recent accident on I-57 has demonstrated, yet again, how dangerous semi-trucks can be. According to ABC 7 News:

One person is dead and at least two others injured in an accident involving eight vehicles in south suburban Monee.

It happened Friday night in the northbound lanes of I-57 near the Monee-Manhattan Road exit. Preliminary reports say the collision occurred after a semi-truck tractor trailer failed to observe a traffic stop.

Given that this accident was caused by the truck's failure to observe a traffic stop, it certainly makes one wonder why the truck driver wasn't paying attention. It is possible that driving fatigue affected the driver's ability to pay attention, since truck driver fatigue is a common cause of accidents on the road.

While the specific cause of the accident is still unknown, this story should serve as a grim reminder of the dangers associated with semi trucks. After all, this accident involved only one moving vehicle, and yet at least three people were seriously injured. We all have a responsibility to be safe on the road, but truck drivers have even more responsibility due to the size of their vehicles, and we need to be conscious of this fact while we are driving.

Originally posted at InjuryBoard by Barry Doyle

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

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

Employers may be liable for Drivers’ Multitasking

Kristina Labanauskas — Fri, 11 Sep 2009 15:37:47 GMT

It should come as no surprise that the use of personal electronic communications devices while driving is unsafe. In fact, a recent report reveals that driving while using hands-free cell phones and other communications devices is nearly as unsafe as driving while using hand-held devices.

Many state laws and local ordinances governing the use of electronic devices while driving expose employers to new liability, which can be considerable.

To date, no state entirely bans using cell phones, but thus far six states ban hand-held cell phone use and 17 states and the District of Columbia ban text messaging for all drivers.

A lawyer could use the violation of a local ordinance as evidence of negligence to prove that the employee, and therefore the employer, is liable for the accident. A lawyer might also seek some sort of punitive element as well because legitimate studies link electronic device use to accidents.

In a perfect world, ordinance or not, drivers would completely refrain from texting or talking while driving to ensure their own safety and the safety of others on the road. But, for their own protection, employers should consider having a policy for employees using a company vehicle to abide by all applicable laws and rules of the road. Thus, if an accident happened, the employee would arguably be acting outside of the scope of their employment, and the employer would therefore not be liable. Additionally, if someone violates state law while working, that could potentially be grounds for discipline or termination, which is a useful deterrent.

Originally posted at InjuryBoard by Kristina Labanauskas

Study Reveals Bus Companies Evade Safety Compliance Via Reincarnation

Kristina Labanauskas — Fri, 31 Jul 2009 09:34:00 GMT

A recent study revealed that many tractor-trailer and bus companies that had been ordered out of service due to federal safety violations have stayed on the road by “reincarnating”, or using a different name. The violations range from suspended licenses to possible drug use.

In 2008, one of the nation’s deadliest bus crashes took place in Texas killing 17 people when an unlicensed charter bus carrying a religious group blew a retreaded tire installed on a steering axel. Using recapped tired on the steering wheels is a violation of federal regulations.

According to the study conducted by the Government Accountability Office (GAO), of the roughly 220 commercial bus companies that had been fined and ordered shut down in 2007 and 2008 by federal regulators, at least 20 evaded compliance by “reincarnating,” including the bus operator in the Texas crash.

Another 1,073 commercial trucking firms are also believed to be possible "reincarnations" after incurring fines and violations, often using the same address, owner name, employees and contact numbers.

Originally posted at InjuryBoard by Kristina Labanauskas

UNLIKELY CONSEQUENCE OF HIGH PRICE OF GAS: Motorcycle Crashes on Rise in Chicago Area

Kristina Labanauskas — Wed, 29 Jul 2009 13:57:21 GMT

According to a seven-county Chicago Sun Times survey, motorcycle crashes are on the rise as many people have turned to motorcycles as an alternative to driving cars. Simply put, motorcycles get good gas mileage and as such provide an economically efficient mode of transportation during these tough times.

A dangerous combination of inexperienced riders and drivers not being used to seeing so many motorcycles on the road upped the number of motorcycle crashes in the surveyed region 22% from 2,180 in 2006 to 2,663 in 2008, according to the Illinois Department of Transportation (IDOT).

According to the National Highway Traffic Safety Administration (NHTSA), the number of motorcycle deaths rose nationwide by 2.2 percent in 2008, while the death rate for passenger vehicles declined by 13 percent last year.

Motorcyclists and drivers need to take every precaution to ensure their safety and the safety of others on the roads. For example:

- wear a proper helmet

- dress right for the road: no flip-flops or sleeveless shirts;

- don’t drink and ride

- make sure you have enough insurance- including uninsured motorist coverage, as you can never depend on the other driver to have enough insurance

Check out the NHTSA website at www.nhtsa.gov for more motorcycle safety tips.

Originally posted at InjuryBoard by Kristina Labanauskas

Rockord Canadian National train derailment kills one, injures three

Barry Doyle — Sat, 20 Jun 2009 11:56:29 GMT

Yesterday, in Rockford, a Canadian National train derailed. The freight train had several tank cars which were carrying ethanol, a highly flammable and highly explosive substance. When the Canadian National train derailed, the tank cars carrying the ethanol caught fire and exploded.

One car which was waiting at a crossing near the site of the Candian National derailment was struck with flaming ethanol and burning railroad ties. The driver of the car was killed. Fortunately, three passengers in the car escaped, although they were severely burned and had to be taken the burn unit of area hospitals.

Most train derailments result from either human error or from deficiencies in the track or equipment. All of these factors are under the control of the railroad. Examples of human error would include ignoring track signals or dispatching the train down the wrong track. Examples of deficiencies in the track or equipment would include things such as poor maintained rail cars, inoperable switches, or poorly maintained track and railbed. There are early reports that the trains derailed due to the tracks being washed out in recent heavy rains.

My experience in dealing with train derailments is that railroad claims agents move rapidly to contact the families of victims of train accidents. Families can expect that the railroad claims agents will try develop a close relationship with the families and do what they can to prevent families from seeking independent legal advice concerning their rights. At the same time, the railroad is conducting its own investigation into the causes of the derailment in order to shift liability away from them and to develop evidence that would limit the victim's claims for comepnsation for the injuries and wrongful deaths that resulted from this train derailment. For victims of accidents such as this, hiring experienced counsel comes highly recommended.

Originally posted at InjuryBoard by Barry Doyle