Cook County Personal Injury Lawyer

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

Record wrongful death electrocution jury verdict

Barry Doyle — Sat, 13 Jun 2009 23:37:17 GMT

Last week, jury in South Carolina rendered a $9 million wrongful death verdict, a record for that county. The lawsuit involved a young man who died after being electrocuted by a high voltage line which landed on his driveway. The young man sustained serious electrical burns, but was initially able to respond to medical staff who attempted to care for him. Sadly, he passed away two hours later due to complications from burns and cardiac arrhythmia.

The jury verdict was for $5.5 million in punitive damages and $3.5 million in wrongful death damages. The young man's family had claimed that the power company was negligent for failing to properly maintain the utility pole and for failing to respond to repair requests.

The decedent obviously sustained horrific burns before dying. The damages in this case certainly included survival damages. These are given for conscious pain and suffering prior to death. The jury was presented with evidence of his discussions with medical care staff. This evidence not only proved the fact that he experienced conscious pain and suffering, but were probably important factors in driving the jury's assessment of damages.

One thing that experienced personal injury lawyers do in wrongful death cases is carefully scour the medical records to identify witnesses who can establish the fact that the deceased experienced conscious pain and suffering. These are often nurses, paramedics, and orderlies who were involved in the care of the decedent before he or she lapses into unconsciousness.

Early in my career, we represented the estate of a boy who died from injuries sustained in a house fire. The first witnesses we subpoenaed was a paramedic who found the boy praying in the back yard. His deposition set the stage for a significant settlement. Finding witnesses like that make a treamendous differencein how insurers evaluate their liability exposure and how they approach settling wrongful death cases.

Originally posted at InjuryBoard by Barry Doyle

Running engines in garage poses carbon monoxide risk to people in the house

Barry Doyle — Thu, 11 Jun 2009 23:30:57 GMT

Two recent news stories show that it is not safe to leave gas powered equipment running in the garage. This allows carbon monoxide into the house, putting residents of the house at risk for death or serious injuries from carbon monoxide poisoning.

In Connecticut, two men suffered carbon monoxide poisoning after they left a generator running in an adjoining garage. When firefighters arrived, themeters on their carbon monoxide detectors showed that the carbon monoxide levels exceeded the 500 ppm maximum amount that could be measured on their equipment. Levels over 35 ppm are considered hazardous.

In Florida, a woman could not shut the engine off on her SUV, so she left it running and shut the garage door and went into the house. Carbon monoxide fumes seeped into the house, killing her daughter and another girl who was spending the night.

The lesson to be taken from these events is that it is extremely dangerous to leave gas powered equipment running in the house, even the adjoining garage. Carbon monoxide is odorless and colorless, so it is virtually impossible to detect without a carbon monoxide detector. If there are no carbon monoxide detectors present, gas powered equipment such as generators or cars can create enough carbon monoxide gas to cause death and serious injuries.

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

With some car crashes, there is more than meets the eye

Barry Doyle — Sun, 07 Jun 2009 14:54:17 GMT

Not every car crash requires the help of a personal injury lawyer. Coming from an Illinois personal injury attorney that may strange, but for some car accidents, especially those with soft tissue injuries, the car accident victim may come out ahead economically by dealing directly with the insurance company without the assistance of a lawyer because the lawyer may not add enough to the settlement to justify the fees and costs incurred. However, where there the accident results in a wrongful death or more serious injuries such as brain injuries, ruptured disks, or broken bones that require surgery to repair, personal injury lawyers can provide a valuable service to car accident victims by identifying other defendants who may be potentially liable for the injuries from the car crash.

One issue that must be investigated in any serious auto accident case is whether the negligent driver was working when the wreck happened. Under a legal doctrine known as respondeat superior, an employer is liable for the negligence of its employees, including unsafe driving of a car or truck. In some of the car accident cases our office has handled, our investigation showed that the negligent driver was working when the crash happened. This allowed us to reach the insurance coverage of the employers to compensate our clients, instead of being limited to the employee’s personal car auto liability policies. For example:

Our client suffered serious injuries that required a hip replacement and a knee replacement in an auto accident at O'Hare Airport. The other driver was a bank employee who was going to the airport to pick up an executive for a meeting. Since the trip to the airport was work-related, the bank was liable for his unsafe driving.
In a pedestrian knockdown accident, our client was walking in a crosswalk when she was struck by a turning car and broke several bones. The driver was a salesman for a drug company who was going to a medical office for a sales presentation when accident occurred. This meant that the drug company was also liable for our client’s injuries.

In both of the auto accident cases described above, we learned during our investigation that there were other entities which could be held liable for the injuries our clients suffered. Our clients were able to recover significantly larger amounts of compensation for their injuries because of what we learned through our investigation. People who are in serious car accidents owe it to themselves and their families to make sure that there is a proper investigation by an experienced personal injury lawyer to identify all of the potentially liable defendants before signing away their rights in a settlement.

Originally posted at InjuryBoard by Barry Doyle