North Chicago & St. Louis Injury Updates

Contributing to Negligence in Your Product Liability Case

Published on: October 10, 2014 | by Seidman, Margulis & Fairman, LLP

Product Liability | October 10, 2014

Illinois consumers have a reasonable expectation that the products they buy and the medicines they consume will not injure them when normally used. Throughout the years, Illinois courts have come to expect that farmers, manufacturers and others who introduce items for sale into the stream of commerce will exercise care to ensure that those products are reasonably safe for use under normal conditions.

But what happens if a consumer is injured by a product as a result of not using it under normal conditions? For example, imagine a home destroyed in a fire caused a coffee pot with a built-in auto shutoff function. The homeowner admits to having used the pot twice per day despite the manufacturer’s recommendation of using it only once per day. Most people would agree that using a coffee pot twice daily is not an unreasonably normal usage of that product.

Illinois Statute of Limitations on Medical Malpractice Claims

Published on: September 26, 2014 | by Seidman, Margulis & Fairman, LLP

Firm News | September 26, 2014

Medical malpractice under Illinois law is a term used to describe a broad range of personal injuries caused by negligent health care providers. Some examples of medical malpractice are: a doctor’s failure to diagnose a disease, wrongly prescribed medicines, surgical errors and mistakes, performing surgery on the wrong site, etc., and it is important to note that medical malpractice is not limited to hospitals but can also be found in nursing homes and skilled care facilities. Basically, it occurs anytime a health care professional breaches one’s duty to provide patients with a reasonable standard of care.

The Illinois legislature has set a timeframe for which patients injured by medical malpractice can file a lawsuit to recover compensation for their injuries. This is known as a statute of limitations, and bars anyone from bringing such a claim after the expiration period, no matter how egregious the injury.

Illinois Pedestrian Killed by Police SUV in Car Accident

Published on: September 19, 2014 | by Seidman, Margulis & Fairman, LLP

Firm News | September 19, 2014

Wheeling, Illinois, police say that one of their officers struck and killed a pedestrian on Sep. 14, as they were attempting to engage a vehicle suspected of a traffic violation. The accident occurred in north suburban Wheeling, Illinois, around 5:45 a.m. as the 20-year-old victim attempted to cross McHenry Road while on foot.

According to the deputy chief of the Wheeling Police Department, the officer who struck the victim was a 22-year veteran of the force who had not yet turned on his emergency lights or siren as he attempted to maneuver toward a westbound driver whom he suspected of committing a traffic violation. A neighbor who witnessed the accident corroborated the absence of emergency lights and siren. The officer has since been suspended with pay indefinitely. The Lake County Major Crash Assistance Team is conducting the investigation of the accident.

What We Look for in an Illinois Truck Accident Case

Published on: September 12, 2014 | by Seidman, Margulis & Fairman, LLP

Firm News | September 12, 2014

Commercial tractor-trailers are a mainstay of our modern economy. Each day they move tons of goods and products along Illinois roads. The constant presence of tractor-trailers on our highways ensures that items produced in our state get to market places throughout the country. Alternatively, Chicago serves as a crossroads for many 18-wheelers traveling cross-country through our state.

Due to the high volume of outbound and inbound freight, Chicago residents invariably experience accidents involving these large trucks. Most trucking companies and the drivers who operate them are competent, law-abiding and honest. However, there are also those involved in the commercial trucking industry who place profits before safety.

How Can I Be Successful in a Defective Products Case?

Published on: September 5, 2014 | by Seidman, Margulis & Fairman, LLP

Product Liability | September 5, 2014

The overarching theory behind product liability is that consumers have a right not to be harmed by products they purchase. Additionally, manufacturers and retailers have a duty to ensure that the products that they introduce into the stream of commerce are safe for the normal use by customers who purchase those products.

Generally speaking, when a client is injured or made ill by a product they purchased there are four basic categories of liability to examine. Design defects in commercially sold products such as a fuel can susceptible to spontaneous ignition is one example.

History of Unsafe Practices at Plant With Workplace Accident

Published on: August 29, 2014 | by Seidman, Margulis & Fairman, LLP

OSHA | August 29, 2014

An Aug. 25 explosion at a Granite City, Illinois, recycling plant has resulted in the deaths of two people and sparked investigations into the history of the plant’s safety record. The identities of the two victims remains unknown at this time, but authorities have released information indicating that a live mortar exploded at the Totall Metal plant killing two employees and injuring another.

A local news agency began an investigation into the company’s ownership and found records from the Occupational Safety and Health Administration citing the metal recycling company for over a dozen violations related to safety in just the last five years. Some of the violations included workers being exposed to lead, fumes and death. The violations reportedly occurred at two plants owned by the company, one in Granite City, Illinois, and another in Fairmont City, Illinois.

Chicago Collision Highlights Growing Problem of Fatal Truck Accidents

Published on: August 27, 2014 | by Seidman, Margulis & Fairman, LLP

Legal Articles | August 27, 2014

A recent truck accident near Chicago is an example of how fatal truck accidents are increasing.

When a truck accident happens, the possibility of a fatality resulting from the collision is much higher than a typical car accident, due to the superior size and weight of the truck. Recently, this fact was made painfully clear in a Chicago-area truck accident that occurred on Interstate 55.

Fatal Car Accident Likely Caused by Speeding Driver

Published on: August 15, 2014 | by Seidman, Margulis & Fairman, LLP

Firm News | August 15, 2014

Chicago police are now questioning a man for his alleged role in a fatal multiple vehicle accident that included a Chicago Transit Authority bus. Police say a 71-year-old man was killed as he loaded groceries into the back of his car when he was struck by vehicle attempting to go around a CTA bus.

According to witnesses, a red Ford was seen hurtling through a red light at Sheridan Road and Balmoral Avenue just prior to the accident. One witness described the vehicle as traveling between 50 to 60 mph before slamming into the back of the victim’s car. That witness claimed that the impact of the collision was so great that the striking vehicle continued on and struck three additional parked vehicles after the initial contact.

Million-Dollar Bail for Driver Accused in Fatal Truck Accident

Published on: August 8, 2014 | by Seidman, Margulis & Fairman, LLP

Firm News | August 8, 2014

Illinois State Police say that 51-year-old truck driver from Leesburg, Indiana, is responsible for a multi-vehicle crash that killed four people and injured four others. Police say the truck driver was traveling in excess of posted speeds on July 21 when he attempted to abruptly change lanes in a construction zone on I-55 near Arsenal Road in Elwood, Illinois.

The accident happened around 2:30 p.m. after the truck driver allegedly failed to reduce his speed before entering the construction zone. Prosecutors are now also implying that fatigue may have played a role in accident. Investigators took a close look at the defendant’s logbook, which is a record of driving hours all commercial truck drivers are required to maintain. Prosecutors have since charged the defendant with falsifying a logbook, willful violation of a logbook and failure to reduce speed.

Defective Products Recall Alert Issued for Hyundai Sonatas

Published on: August 1, 2014 | by Seidman, Margulis & Fairman, LLP

Firm News | August 1, 2014

Consumers have a right to expect not to be injured by products they purchase. Conversely, manufacturers, retailers and other vendors have a duty to exercise reasonable caution in ensuring that the products they introduce into the marketplace will not cause harm to consumers.

Such is the case with the makers of the Hyundai Sonata sedan. Recently, the car manufacturer issued a recall of 883,000 of its sedans manufactured between 2011 and 2014 due to problems with the cars’ gear shifters.

Seidman, Margulis, & Fairman Blog