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Chicago Wrongful Death Law Blog

Lawyers championing products liability lawsuits in Illinois

Under Illinois law, if dangerous or defective products are manufactured and sold, the company who manufactured the products may be liable for any injuries caused by the products. Products liability lawsuits are based on the common law principle of negligence. The attorneys at Healy Scanlon Law Firm have had decades of experience in defending the rights of products liability victims in the state.

One of the major determinants in deciding products liability lawsuits is whether the product was actually defective or damaged. Furthermore, the petitioner must have suffered an injury due to the defect in the product. Product liability may also extend to products that do not have sufficient warnings on the labels informing the consumers about allergens or any other dangers.

Illinois authorities investigating death of nursing home resident

Nursing home deaths have remained a major concern for the public as well as authorities in Illinois and the rest of the country. Various corrective measures have been taken, but nursing home deaths are still prevalent. Sadly, many of these deaths are due to negligence on the part of the nursing home staff or some other similar reason.

According to news reports, a 98-year-old resident of a nursing home in a suburb of Chicago died recently. The day before the woman died she was admitted to a hospital for respiratory and blood pressure issues. Reports state that five other residents of the same nursing home were also admitted for similar issues. The deceased nursing home resident's daughter said that her mother was in good health for her age; she had seen her the night before she was taken ill and she did not have any health issues.

Are Illinois residents aware of the Pool & Spa Safety Act?

Swimming is universally acknowledged as one of the best forms of physical exercise. Additionally, it is a fun activity that children and adults can both enjoy. In addition to exercise and fun, knowing how to swim can be crucial in many circumstances. However, news reports often talk of a swimming pool accident that caused either head or neck injuries or even killed a swimmer. Sadly, many of those victims are children, and many times it is discovered that negligent pool maintenance was the reason behind the swimming pool accident.

In order to address this concern, the Virginia Baker Pool & Spa Safety Act was enacted in December 2007. The purpose of the act is to prevent the various hazards in swimming pools that are a result of drain entrapments and eviscerations in swimming pools and spas. According to the P&SS Act, every public swimming pool and spa in Illinois and the rest of the country must have drain covers and second anti-entrapment systems that meet certain performance standards.

What are the toy safety standards per the CPSIA?

It is probably safe to say that all children, in Illinois and throughout the United States, are fond of toys. On birthdays and special occasions, children often receive a number of toys as gifts from friends and family members. It is important that a toy is safe because dangerous children's toys have been known to cause injuries to children, some of which can have some very long-term consequences. An earlier post on the blog discussed this in detail.

In order to ensure the safety of children, section 106 the Consumer Product Safety Improvement Act of 2008 sets some standards which all toys meant for children under the age of 14 years must comply with. The standards recommended by the CPSIA refer to the consumer safety standards contained in ASTM F963-11 and ASTM F963-07.1 released by the American Society for Testing and Materials.

Medical negligence is far more than just surgical errors

Whenever an Illinois resident goes to a medical practitioner, he or she expects that the doctor or surgeon knows how to diagnose health problems or send the patient to someone who knows more about the problem. Sometimes a specific complaint will require a doctor to conduct a procedure that is selected on the basis of symptoms presented by the patient. A doctor also might prescribe medications to address a problem. Whatever the process, the practitioner's knowledge and expertise are tested in several ways.

For the average patient, one assumption often underlies every office visit: The doctor knows best. Each conclusion a doctor reaches, however, is drawn from observing the patient and listening to his or her descriptions of a problem. As with most human interactions, some symptoms or reactions may not be noticed by either the patient or the physician. This can mean a disease is not diagnosed correctly or adequately and the right therapy is not chosen. Unfortunately, a failure to diagnose or a prescription for the wrong therapy can be just as serious as a surgical error when it comes to worsening a patient's condition.

Worker killed in crane accident at Illinois construction site

From time to time, a news report emerges about a construction worker being killed in an accident, either in Illinois or somewhere else in the country. These tragedies aren't always surprising, because construction is one of the most inherently dangerous industries. However, the death of a worker at a construction site is something that should not be ignored. That is why laws in Illinois entitle many survivors of deceased workers to claim compensation.

In a recent construction accident in Edwardsville, Illinois, a 31-year-old construction worker was killed after being crushed by the boom of a 150-ton-capacity crane. The incident occurred while the victim was working on the boom of the crane at ground level. As news reports have noted, the boom suddenly came down on the victim, crushing and killing him. Witnesses freed the victim before the paramedics arrived but unfortunately the worker still succumbed to his injuries.

Preventing elder abuse in Illinois nursing homes

Nursing home abuse is a heartbreaking reality in Illinois. Many elderly residents have fallen victim to such abuse often at the hands of nursing home staff. Many senior residents of Illinois live in the nursing homes due to prolonged illnesses and the need for constant medical care. However, many family members are often unaware of the daily abuse and neglect faced by their elderly members living in such institutions.

Illinois laws strictly prohibit nursing home abuse, which can take various forms such as physical and emotional abuse and sexual and psychological trauma inflicted on the elderly. Sometimes, nursing home staff may isolate an elderly patient, completely ignoring and neglecting the patient's physical well-being. Visiting family members must monitor their loved one's behavior and overall physical condition to detect any sign of neglect or nursing home abuse.

How does the law protect Illinois children from unsafe products?

Illinois parents want to be confident that products they buy for their children are safe. The Consumer Product Safety Improvement Act was enacted by Congress to protect consumers from the effects of unsafe products. Product safety, especially for items such as toys that are used by infants and toddlers, is a very important area of concentration for consumer safety authorities.

Products meant for children are a major priority of U.S. consumer safety laws. The CPSIA provides that every product meant for consumption by children must comply with safety parameters established by the Act. The Act provides a four-pronged test used to assess the safety of products:

  • All products must meet all child safety policy rules established by the government and enforced by consumer protection legislation.
  • Products developed for use by children must be tested for safety in a laboratory approved by the Consumer Product Safety Commission. Some exceptions may be made as provided by law.
  • The product must have a certificate to provide evidence that the product meets all child safety rules.
  • Where practicable, the product must have tracking information on the product and its packaging. The information must identify the manufacturer, date of manufacture, production date and location, and other information.

Ruling strips cruise lines of immunity for medical negligence

Until recently, victims of medical negligence that occurred on cruise ships were unable to seek compensation due to a series of court decisions that protected the cruise lines from liability. The most recent of these decisions, the Barbetta ruling of 1988, said that passengers cannot expect the same standard of medical facilities on board a cruise ship as on land and that doctors and other medical staff on the cruise liners were independent contractors over whom the cruise company had no direct control.

However, a federal appeals court recently overruled the Barbetta ruling, calling it outdated.

Chicago lawyers for those injured in recreational activities

Many Illinois residents love outdoor recreational activities like such as boating and jet skiing. Unfortunately, these outdoor activities can sometimes end in serious injury or even death. Many accidental injuries are caused every year due to sporting activities. The attorneys at The Healy Law Firm have years of experience in pursuing compensation for personal injury victims.

A boating accident or jet skiing accident can cause serious head injuries including brain injuries, neck injuries and spinal injuries. Injuries like this can result in overwhelming medical expenses, as well severe disability and loss of enjoyment of life.

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